Binary Code License Agreement
SUN MICROSYSTEMS, INC., THROUGH ITS JAVASOFT BUSINESS (“SUN”), IS WILLING TO LICENSE THE ACCOMPANYING JAVA FOUNDATION CLASSES VERSION1.1 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.
IMPORTANT: If you are downloading Mentalix software, you must use your browser’s “back” key to return to your completed request form after reading this license agreement. Otherwise, your request form responses will be erased.