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Java Foundation Classes Version 1.1 Binary Code License Agreement
SUN MICROSYSTEMS, INC., THROUGH ITS JAVASOFT BUSINESS ("SUN"), IS
WILLING TO LICENSE THE ACCOMPANYING JAVA FOUNDATION CLASSES VERSION
1.1 SOFTWARE AND ASSOCIATED DOCUMENTATION INCLUDING AUTHORIZED COPIES
OF EACH (THE "SOFTWARE") TO YOU ("LICENSEE") ONLY ON THE CONDITION
THAT LICENSEE ACCEPTS ALL OF THE TERMS IN THIS AGREEMENT
PLEASE READ THE TERMS CAREFULLY BEFORE INSTALLING THE SOFTWARE. BY
INSTALLING THE SOFTWARE, LICENSEE ACKNOWLEDGES THAT LICENSEE HAS READ
AND UNDERSTANDS THIS AGREEMENT AND AGREES TO BE BOUND BY ITS TERMS AND
CONDITIONS.
IF LICENSEE DOES NOT ACCEPT THESE LICENSE TERMS, THEN SUN DOES NOT
GRANT ANY LICENSE TO THE SOFTWARE, AND LICENSEE MUST NOT INSTALL THE
SOFTWARE.
1. License to Distribute. Licensee is granted a royalty-free right to
reproduce and distribute the Software provided that Licensee: (i)
distributes the Software, in whole or in part, only when incorporated
into Licensee's value-added applet or application ("Program"); (ii)
does not distribute additional software intended to replace any
component(s) of the Software; (iii) does not remove or alter any
proprietary legends or notices contained in the Software; (iv)
includes the provisions of Sections 2, 3, 4, 5, 7 and 8 in or in
addition to Licensee's license agreement for the Program; (v) to the
extent Programs are developed which utilize the Windows 95 style
graphical user interface or components contained therein, such applets
or applications may only be developed to run on a Windows 95 or
Windows NT platform; and (vi) agrees to indemnify, hold harmless, and
defend Sun and its licensors from and against any claims or lawsuits,
including attorneys' fees, that arise or result from the use or
distribution of the Program.
2. Restrictions. Software is confidential copyrighted information of
Sun and title to all copies is retained by Sun and/or its
licensors. Licensee shall not decompile, disassemble, decrypt,
extract, or otherwise reverse engineer Software. Software may not be
leased, assigned, or sublicensed, in whole or in part. Software is not
designed or intended for use in on-line control of aircraft, air
traffic, aircraft navigation or aircraft communications; or in the
design, construction, operation or maintenance of any nuclear
facility. Licensee warrants that it will not use or redistribute the
Software for such purposes.
3. Trademarks and Logos.This Agreement does not authorize Licensee to
use any Sun name, trademark or logo. Licensee acknowledges that Sun
owns the Java trademark and all Java-related trademarks, logos and
icons including the Coffee Cup and Duke ("Java Marks") and agrees to:
(i) comply with the Java Trademark Guidelines at
http://java.sun.com/trademarks.html; (ii) not do anything harmful to
or inconsistent with Sun's rights in the Java Marks; and (iii) assist
Sun in protecting those rights, including assigning to Sun any rights
acquired by Licensee in any Java Mark.
4. Disclaimer of Warranty. Software is provided "AS IS," without a
warranty of any kind. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND
WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED.
5. Limitation of Liability. SUN AND ITS LICENSORS SHALL NOT BE LIABLE
FOR ANY DAMAGES SUFFERED BY LICENSEE OR ANY THIRD PARTY AS A RESULT OF
USING OR DISTRIBUTING SOFTWARE. IN NO EVENT WILL SUN OR ITS LICENSORS
BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT,
INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES,
HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT
OF THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Termination. Licensee may terminate this Agreement at any time by
destroying all copies of Software. This Agreement will terminate
immediately without notice from Sun if Licensee fails to comply with
any provision of this Agreement. Upon such termination, Licensee must
destroy all copies of Software in its possession.
7. Export Regulations. Software, including technical data, is subject
to U.S. export control laws, including the U.S. Export Administration
Act and its associated regulations, and may be subject to export or
import regulations in other countries. Licensee agrees to comply
strictly with all such regulations and acknowledges that it has the
responsibility to obtain licenses to export, re-export, or import
Software. Software may not be downloaded, or otherwise exported or
re-exported (i) into, or to a national or resident of, Cuba, Iraq,
Iran, North Korea, Libya, Sudan, Syria or any country to which the
U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury
Department's list of Specially Designated Nations or the U.S. Commerce
Department's Table of Denial Orders.
8. Restricted Rights. Use, duplication or disclosure by the United
States government is subject to the restrictions as set forth in the
Rights in Technical Data and Computer Software Clauses in DFARS
252.227-7013(c) (1) (ii) and FAR 52.227-19(c) (2) as applicable.
9. Governing Law. Any action related to this Agreement will be
governed by California law and controlling U.S. federal law. No choice
of law rules of any jurisdiction will apply.
10. Severability. If any of the above provisions are held to be in
violation of applicable law, void, or unenforceable in any
jurisdiction, then such provisions are herewith waived or amended to
the extent necessary for the Agreement to be otherwise enforceable in
such jurisdiction. However, if in Sun's opinion deletion or amendment
of any provisions of the Agreement by operation of this paragraph
unreasonably compromises the rights or increase the liabilities of Sun
or its licensors, Sun reserves the right to terminate the Agreement.
11. Entire Agreement. This Agreement is the parties' entire agreement
relating to the Software. It supersedes all prior or contemporaneous
oral or written communications, proposals, warranties, and
representations with respect to its subject matter, and following
Licensee's acceptance of this license by clicking on the "Accept"
Button, will prevail over any conflicting or additional terms of any
quote, order, acknowledgment, or any other communications by or
between the parties. No modification to this Agreement will be
binding, unless in writing and signed by an authorized representative
of each party.
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