📄 comm1.1_beta_license.txt
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JavaTM Communications Implementation 1.1Pre-ReleaseBinary Code Evaluation LicenseSUN MICROSYSTEMS, INC., THROUGH ITS JAVASOFT BUSINESS ("SUN") ISWILLING TO LICENSE THE JAVA COMMUNICATIONS IMPLEMENTATION VERSION 1.1PRE-RELEASE SOFTWARE AND THE ACCOMPANYING DOCUMENTATION INCLUDINGAUTHORIZED COPIES OF EACH (THE "SOFTWARE") TO LICENSEE ONLY ON THECONDITION THAT LICENSEE ACCEPTS ALL OF THE TERMS IN THIS AGREEMENT.PLEASE READ THE TERMS CAREFULLY BEFORE USING THE SOFTWARE. BY USING THESOFTWARE, LICENSEE ACKNOWLEDGES THAT LICENSEE HAS READ AND UNDERSTANDSTHIS AGREEMENT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.1. EVALUATION LICENSE PERIOD Licensee may use the binary Software for a period of ninety (90)days from the date Licensee downloads the Software from a Sun website(the "Term"). At the end of the Term, Licensee must immediately ceaseuse of and destroy the Software or, upon request from Sun, return theSoftware to Sun.2. LICENSE GRANT(A) License Rights Licensee is granted a non-exclusive and non-transferable license todownload, install and internally use the binary Software for betatesting and evaluation purposes only. Licensee may make one copy of theSoftware only for archival purposes in support of Licensee's use of theSoftware, provided that Licensee reproduce all copyright and otherproprietary notices that are on the original copy of the Software.(B) License Restrictions The Software is licensed to Licensee only under the terms of thisAgreement, and Sun reserves all rights not expressly granted toLicensee. Licensee may not use, copy, modify, or transfer the Software,or any copy thereof, except as expressly provided for in thisAgreement. Except as otherwise provided by law for purposes ofdecompilation of the Software solely for inter-operability, Licenseemay not reverse engineer, disassemble, decompile, or translate theSoftware, or otherwise attempt to derive the source code of theSoftware. Licensee may not rent, lease, loan, sell, or distribute theSoftware, or any part of the Software. No right, title, or interest inor to any trademarks, service marks, or trade names of Sun or Sun'slicensors is granted hereunder.(C) Acknowledgment that Software is Experimental Licensee acknowledges that Software furnished hereunder isexperimental and may have defects or deficiencies which cannot or willnot be corrected by Sun and that Sun is under no obligation to releasethe Software as a product. Licensee will release and discharge Sun fromany liability from any claims that any product released by Sun isincompatible with the Software. Further, Licensee will defend andindemnify Sun from any claims made by Licensee's customers that arebased on incompatibility between the Software and any products releasedby Licensee. Licensee will have sole responsibility for the adequateprotection and backup of Licensee's data and/or equipment used with theSoftware.(D) Evaluation Comments In consideration for this License, you are requested to provideyour evaluation comments via email tojava-commapi-comments@eng.sun.com. Sun shall be free to utilize yourinput or not with respect to any future versions of the Software. Allsuch comments shall constitute confidential information of Sun subjectto Section 3 below.(E) Java Communications API Interface Licensee may not modify the "javax.comm" interface (identified asclasses contained within the "javax.comm" package or any subpackagesof the "javax.comm" package), by creating additional classes within"javax.comm" or otherwise causing the addition to or modification ofthe classes in "javax.comm."(F) Aircraft Product and Nuclear Applications Restriction SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN ON-LINE CONTROL OFAIRCRAFT, AIR TRAFFIC, AIRCRAFT NAVIGATION OR AIRCRAFT COMMUNICATIONS;OR IN THE DESIGN, CONSTRUCTION, OPERATION OR MAINTENANCE OF ANY NUCLEARFACILITY. SUN DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FORSUCH USES. LICENSEE REPRESENTS AND WARRANTS THAT IT WILL NOT USE THESOFTWARE FOR SUCH PURPOSES.3. CONFIDENTIALITY The Software is the confidential and proprietary information of Sunand/or its licensors. The terms of this Agreement and the existence ofthis early access evaluation program constitute confidentialinformation of Sun. Licensee agrees not to disclose confidentialinformation to anyone except employees of Licensee who have a need toknow. The Software is protected by United States copyright law andinternational treaty. Unauthorized reproduction or distribution issubject to civil and criminal penalties. Licensee agrees to takeadequate steps to protect the Software from unauthorized disclosure oruse.4. TERM, TERMINATION AND SURVIVAL(A) The Agreement is effective until expiration of the Term, unlesssooner terminated as provided for herein.(B) Licensee may terminate this Agreement at any time by destroyingall copies of the Software.(C) This Agreement will immediately terminate without notice ifLicensee fails to comply with any obligation of this Agreement.(D) Upon termination, Licensee must immediately cease use of anddestroy the Software or, upon request from Sun, return the Software toSun.(E) The provisions set forth in paragraphs 2(B), 3, 7, 8, 9, and 10will survive termination or expiration of this Agreement.5. NO WARRANTY THE SOFTWARE IS PROVIDED TO LICENSEE "AS IS". ALL EXPRESS ORIMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING ANYIMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FORA PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TOTHE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.6. MAINTENANCE AND SUPPORT Sun has no obligation to provide maintenance, support, updates orerror corrections for the Software under this Agreement. In the eventSun, in its sole discretion, provides updates to Licensee, Licenseeagrees to install and update the Software with such updates withinfifteen (15) days from notification by Sun of the updates availability.Updates will be deemed Software hereunder and unless subject to termsof a specific update license, will be furnished to Licensee under theterms of this Agreement.7. LIMITATION OF DAMAGES TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, SUN'S AGGREGATELIABILITY TO LICENSEE OR TO ANY THIRD PARTY FOR CLAIMS RELATING TO THISAGREEMENT, WHETHER FOR BREACH OR IN TORT, WILL BE LIMITED TO THE FEESPAID BY LICENSEE FOR SOFTWARE WHICH IS THE SUBJECT MATTER OF THECLAIMS. IN NO EVENT WILL SUN BE LIABLE FOR ANY INDIRECT, PUNITIVE,SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE IN CONNECTION WITH ORARISING OUT OF THIS AGREEMENT (INCLUDING LOSS OF BUSINESS, REVENUE,PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES,WHETHER FOR BREACH OR IN TORT, EVEN IF SUN HAS BEEN PREVIOUSLY ADVISEDOF THE POSSIBILITY OF SUCH DAMAGE. LIABILITY FOR DAMAGES WILL BELIMITED AND EXCLUDED, EVEN IF ANY EXCLUSIVE REMEDY PROVIDED FOR IN THISAGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.8. GOVERNMENT USER U.S. Govenment Rights: Use, duplication, or disclosure by the U.S.Government is subject to restrictions set forth in this Agreement andas provided in DFARS 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii)(Oct 1988), FAR 12.212(a)(1995), FAR 52.227-19(Jun 1987), or FAR52.227-14(ALTIII)(Jun 1987), as applicable. Licensee shall not provideSoftware nor technical data to any third party, including the U.S.Government, unless such third party accepts the same restrictions.Licensee is responsible for ensuring that proper notice is given to allsuch third parties and that the Software and technical data areproperly marked.9. EXPORT LAW Licensee acknowledges and agrees that this Software and/ortechnology is subject to the U.S. Export Administration Laws andRegulations. Diversion of such Software and/or technology contrary toU.S. law is prohibited. Licensee agrees that none of this Softwareand/or technology, nor any direct product therefrom, is being or willbe acquired for, shipped, transferred, or reexported, directly orindirectly, to proscribed or embargoed countries or their nationals,nor be used for nuclear activities, chemical biological weapons, ormissile projects unless authorized by the U.S. Government. Proscribedcountries are set forth in the U.S. Export Administration Regulations.Countries subject to U.S. embargo are: Cuba, Iran, Iraq, Libya, NorthKorea, Syria, and the Sudan. This list is subject to change withoutfurther notice from Sun, and Licensee must comply with the list as itexists in fact. Licensee certifies that it is not on the U.S.Department of Commerce's Denied Persons List or affiliated lists or onthe U.S. Department of Treasury's Specially Designated Nationals List.Licensee agrees to comply strictly with all U.S. export laws andassumes sole responsibility for obtaining licenses to export orreexport as may be required. Licensee is responsible for complying with any applicable locallaws and regulations, including but not limited to, the export andimport laws and regulations of other countries.10. GOVERNING LAW, JURISDICTION AND VENUE Any action related to this Agreement shall be governed byCalifornia law and controlling U.S. federal law, and choice of lawrules of any jurisdiction shall not apply. The parties agree that anyaction shall be brought in the United States District Court for theNorthern District of California or the California superior Court forthe County of Santa Clara, as applicable, and the parties hereby submitexclusively to the personal jurisdiction and venue of the United StatesDistrict Court for the Northern District of California and theCalifornia Superior Court of the county of Santa Clara.11. NO ASSIGNMENT Neither party may assign or otherwise transfer any of its rights orobligations under this Agreement, without the prior written consent ofthe other party, except that Sun may assign its right to payment andmay assign this Agreement to an affiliated company.12. OFFICIAL LANGUAGE The official text of this Agreement is in the English language andany interpretation or construction of this Agreement will be basedthereon. In the event that this Agreement or any documents or noticesrelated to it are translated into any other language, the Englishlanguage version will control.13. ENTIRE AGREEMENT This Agreement is the parties' entire agreement relating to theSoftware. It supersedes all prior or contemporaneous oral or writtencommunications, proposals, warranties, and representations with respectto its subject matter, and following Licensee's acceptance of thislicense by clicking on the "Accept" Button, will prevail over anyconflicting or additional terms of any quote, order, acknowledgment, orany other communications by or between the parties. No modification tothis Agreement will be binding, unless in writing and signed by anauthorized representative of each party.
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