PC World Komputer 1999 March B/SCO_CASTOR4RRT.iso/jdk113/root/opt/jdk-1.1.3/license.txt

Text File | 1998-08-19 | 12KB | 262 lines

License Information for Java Development Kit on SCO operating systems
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This Java Development Kit is licensed under one of the following
SCO Software License Agreements, depending on where you use this
software:

If you are using this JDK with commercial versions of SCO
UnixWare or SCO OpenServer, the SCO Software License Agreement
for that operating system applies also to this JDK.  See below
for the English version of this license.

If you are using this JDK with Free SCO OpenServer or Free SCO
UnixWare, the additional license terms and conditions relating to
the noncommercial, personal, educational use also apply.

If you are using this JDK with a Beta or Early Availability
Program operating system release of any SCO product, the license
terms and conditions for that release also apply.

Please refer to the license information in your SCO operating
system package for more details.
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                        THE SANTA CRUZ OPERATION
                        SOFTWARE LICENSE AGREEMENT

CAREFULLY READ ALL TERMS AND CONDITIONS OF THIS AGREEMENT PRIOR TO
OPENING THE SOFTWARE MEDIA PACKAGE. BY OPENING THE MEDIA PACKAGE,
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND
IT, AND YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU
DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE
UNOPENED MEDIA PACKAGE AND THE ACCOMPANYING ITEMS (including
written materials and binders or other containers) TO THE PLACE
YOU OBTAINED THEM FOR A FULL REFUND.

REGISTRATION

Certain SCO Products will exhibit modified functioning if they are
not registered as required.

SCO OPTIONAL MAINTENANCE

SCO may, at its discretion, notify you of Updates that SCO may
periodically make generally available for the Product, but only if
you have completed and returned the Registration Card. At your
request, SCO, directly or, at SCO's discretion, through its local
authorized representative, will provide you with such Updates,
subject to the additional charges that SCO or its authorized
representative may establish. Such an Update may be used only on
the designated computer as described under the Grant Provision of
this Agreement. This Provision will not be interpreted to require
SCO to (i) develop and release Updates or (ii) customize the
Updates to satisfy your particular requirements. The Updates will
not include any new products that SCO decides to make generally
available as a separately priced upgrade or option.

DEFINITIONS

"Agreement" is the contract between the Software User ("You") and
The Santa Cruz Operation, Inc. ("SCO"), relating to the product
acquired by You in complete packaged form; in any other case,
additional or varied terms will apply. The Agreement comprises (i)
this document, (ii) registration documents, (iii) any additional
terms contained in the Documentation as referred to herein, and
(iv) any amendments agreed by both You and SCO in writing. Such
additional terms shall pertain, without limitation, to the
following: term, fees and payment, number of permitted Users,
number of permitted CPU's, registration requirements, restriction
on runtime environment and transfer of Your rights.

"Product" is (i) the Software contained in the media packet, (ii)
the published user manuals and documentation, including any
registration or serialization document that is supplied with the
Software as part of a standard SCO packaged product (the
"Documentation"), (iii) the updates or revisions of the Software
or Documentation that You may receive (the "Updates") and (iv) any
copy of the Software, Documentation or Updates.

"Software" is the machine-readable (object) code portion of the
Product and any human readable code contained on the media.

"User" is a person accessing the Software via a local or remote
interactive device, such as a terminal or workstation, except
where such use is exclusive to routing or gateway functions of the
Software.

GRANT

SCO grants You (the Software User) and You accept from SCO, the
following non-exclusive rights. You are not granted any other
right in the Software. All proprietary rights in or related to the
Software are and will remain the exclusive property of SCO or its
licensors. You further acknowledge that the Software contains
confidential information owned by SCO or its licensors and agree
to take reasonable steps to protect the confidentiality of such
information.

You may load, copy or transmit the Software in whole or in part,
only as necessary to use the Software on a single personal
computer or workstation, unless the Software is designated on the
registration document as being for use on a multiuser or multiple
system configuration, in which case You must take reasonable means
to assure that the number of Users does not exceed the permitted
number of Users.

In addition, You may make back-up or archival copies of the
Software; you may not copy the printed Documentation.

All trademarks, service marks, patents, copyright and other
proprietary notices must be reproduced when making copies in whole
or in part.

You may not reverse compile the Software for any purpose. If You
wish to exercise any rights under Article 6.1 b of the EC
Directive on the Legal Protection of Software, (Directive 91/250),
You shall, in the first instance, write to SCO's Legal
Department. You may not copy or adapt the Software for the purpose
of correcting errors in it.

If your software includes font rendering software from Adobe
Systems, Inc., your use of that software is restricted to a single
processing unit connected to a display of less than 150 dots per
inch and, optionally, connected to a printer with a resolution of
700 dots per inch or less.

LIMITED WARRANTY

SCO warrants that upon your receipt of the Software and for a
period of 90 calendar days thereafter, the media on which the
Software is embedded will be free of defects in material and
workmanship under normal use. SCO does not warrant that (i) the
Software and any related Updates will be free of defects, (ii) the
Software will satisfy all of your requirements or (iii) the use of
the Software will be uninterrupted or error-free.

In case of breach of warranty or any other duty related to the
quality of the Software, you must return at your expense and no
later than 10 days after the expiration of the warranty period,the
Software to SCO or its local authorized representative, together
with a copy of your dated Proof of Purchase. SCO or its
representative will replace any defective media, or if not
practicable, may terminate this Agreement and refund to you the
amount paid for the Product. You acknowledge that this Paragraph
sets forth your exclusive remedy and SCO's exclusive liability for
any breach of warranty or other duty related to the quality of the
Product.

LIMITATION OF LIABILITY

EXCEPT FOR THE SCO WARRANTY SET OUT ABOVE, OR OTHERWISE EXPRESSLY
PROVIDED IN A SEPARATE AGREEMENT WITH SCO OR YOUR SUPPLIER, ALL
WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND
GUARANTEES WITH RESPECT TO THE SOFTWARE, WHETHER EXPRESS OR
IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS
BY SCO, ITS LICENSORS OR REPRESENTATIVES OR OTHERWISE (INCLUDING,
BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE) ARE HEREBY OVERRIDDEN, EXCLUDED AND
DISCLAIMED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE
OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

UNDER NO CIRCUMSTANCES WILL SCO OR ITS LICENSORS OR
REPRESENTATIVES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT,
SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR
UNFORESEEABLE, BASED ON YOUR CLAIMS OR THOSE OF YOUR CUSTOMERS
(INCLUDING BUT NOT LIMITED TO, CLAIMS FOR LOSS OF DATA, GOODWILL,
PROFITS, USE OF MONEY OR USE OF THE PRODUCTS, INTERRUPTION IN USE
OR AVAILABILITY OF DATA, STOPPAGE OF OTHER WORK OR IMPAIRMENT OF
OTHER ASSETS), ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR
IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION,
NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, EXCEPT ONLY IN
THE CASE OF PERSONAL INJURY WHERE AND TO THE EXTENT THAT
APPLICABLE LAW REQUIRES SUCH LIABILITY.  IN NO EVENT WILL THE
AGGREGATE LIABILITY WHICH SCO OR ITS LICENSORS MAY INCUR IN ANY
ACTION OR PROCEEDING EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU
FOR THE SPECIFIC PRODUCT THAT DIRECTLY CAUSED THE DAMAGE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF EXCLUSION OF
LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

EXPORT RESTRICTIONS

You acknowledge that the Product and the media are subject to
export controls under the U.S. Export Administration Regulations
and the export regulations of other countries. You may not export
or re-export, directly or indirectly, the Product, the media, or
any related technical information or materials unless you have
obtained an appropriate authorization from the U.S. Commerce
Department and any other relevant government authority.

U.S. GOVERNMENT RESTRICTED RIGHTS

This Product is commercial computer software. If you are a
U.S. Government End-User, this license is granted subject to the
U.S. Government End-User provisions set forth in the
Documentation; and the Product together with its related
documentation is subject to the restrictions of U.S.

Government use, duplication or disclosure as set forth in
subparagraph (c) (1) (ii) of DFARS 252.227-7013 or subparagraph
(g)(3)(i) of FAR 52.227-14, Alt.  III, as
applicable. Contractor/Manufacturer is The Santa Cruz Operation,
Inc.

TERM AND TERMINATION

This license shall remain in effect until terminated as set forth
herein. You may terminate this Agreement, without right to refund,
by notifying SCO of such termination. SCO may terminate this
Agreement, upon reasonable notice and without judicial or
administrative resolution, if you or any of your employees or
consultants breach any term or condition hereof.

Upon the termination of this Agreement for any reason, all rights
granted to you hereunder will cease, and you must promptly (i)
purge the Software and any related Updates from all your computer
systems, storage media and other files, (ii) destroy the Products
and all copies thereof and (iii) deliver to SCO an affidavit which
certifies that you have complied with these termination
obligations.

ASSIGNMENT

Subject to Your compliance with the Export Restrictions Provision,
you may assign this Agreement and permanently transfer the
Products to a third party, but only if you promptly send SCO an
affidavit signed by You and Your assignee that (i) sets forth your
assignee's name and address, (ii) identifies the Product being
assigned (including name, release number and serial number) (iii)
identifies the manufacturer and serial number of the computer
system on which Your assignee will load and use the Software and
any related Updates, (iv) acknowledges that Your assignee will
comply with the terms and conditions of this Agreement and (v)
certifies that You have fulfilled item (i) of the Termination
Section and have not retained any Products or copies
thereof. Except as provided above, you may not assign, sublicense,
rent, lend, lease, pledge or otherwise transfer or encumber the
Products, this Agreement or your rights or obligations hereunder
without SCO's prior approval.

MISCELLANEOUS

All notices or approvals required or permitted under this
Agreement must be given in writing. Any waiver or modification of
this Agreement will not be effective unless executed in writing
and signed by SCO. This Agreement will bind your
successors-in-interest. This Agreement is governed by the laws of
the State of California, U.S.A. If any provision of this Agreement
is held to be unenforceable, in whole or part, such holding will
not affect the validity of the other provisions of this
Agreement. In the event of any inconsistency between this
Agreement and any other related agreement between SCO and You, the
terms of this Agreement will prevail.