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1997-01-16
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BINARY CODE EVALUATION LICENSE
JDK Version 1.1 beta3 Release
This license ("License") contains rights and restrictions associated with
use of the accompanying software. Read the License carefully before
installing the Software. By installing the Software you are agreeing
to the terms and conditions of this License.
1. Limited License Grant. By selecting "Agree" at the bottom of this text
window, Sun grants to you ("Licensee") a nonexclusive, nontransferable,
worldwide, royalty-free license to use this beta3 release of Java Development
Kit Version 1.1 (the "Software"). Licensee agrees that it shall use the
Software provided hereunder solely for Licensee's internal evaluation
purposes and not for computer operations of any critical nature. This
Software is subject to change which may cause applications developed using
the Software to be incompatible with subsequent versions.
2. Restrictions. The Software is copyrighted and title to all copies is
retained by Sun and/or its licensors. Licensee shall not make copies of
Software, other than a single copy of Software in machine-readable format
for back-up or archival purposes and, if applicable, Licensee may print
one copy of on-line documentation, in which event all proprietary rights
notices on Software and on-line documentation shall be reproduced and
applied to all copies. Licensee shall not modify, decompile, disassemble,
decrypt, extract, or otherwise reverse engineer Software. Software may not
be transferred, leased, assigned, or sublicensed, in whole or in part.
No right, title or interest in and to any trademarks or trade names of Sun
or Sun's licensors is granted hereunder. 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 represents
and warrants that it will not use or redistribute the Software for such
purposes.
3. Confidentiality. Software is confidential and proprietary information
of Sun and/or its licensors. Licensee agrees to take adequate steps to
protect Software from unauthorized disclosure or use.
4. Trademarks and Logos. 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) to 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.
5. 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.
6. 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.
7. Termination. Licensee may terminate this License at any time by destroying
all copies of Software. This License will terminate immediately without
notice from Sun if Licensee fails to comply with any provision of this
License. Upon such termination, Licensee must destroy all copies of
Software.
8. 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.
9. 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.
10. Governing Law. Any action related to this License will be governed by
California law and controlling U.S. federal law. No choice of law rules
of any jurisdiction will apply.