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- Software License Agreement
-
- SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE
- XML ENTITY AND URI RESOLVERS, VERSION 1.0 SOFTWARE TO YOU
- ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS
- CONTAINED IN THIS LICENSE AGREEMENT ("AGREEMENT"). PLEASE
- READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY.
- BY INSTALLING THIS SOFTWARE, YOU ACCEPT THE TERMS AND
- CONDITIONS OF THIS AGREEMENT. IF YOU ARE NOT WILLING TO BE
- BOUND BY ITS TERMS, SELECT THE "DECLINE" BUTTON AT THE
- BOTTOM OF THIS PAGE AND THE INSTALLATION PROCESS WILL NOT
- CONTINUE.
-
- 1.0 DEFINITIONS "Licensed Software" means the XML Entity and
- URI Resolvers, Version 1.0 Software and any other machine
- readable materials (including, but not limited to,
- libraries, source files, header files, and data files) and
- any user manuals, programming guides and other documentation
- provided to you by Sun under this Agreement.
-
- 2.0 LIMITED LICENSE 2.1 Sun grants to you, a non-exclusive,
- non-transferable, royalty-free and limited license to
- reproduce, modify, and create derivative works of the
- Licensed Software for the sole purpose of adding value and
- improving the Licensed Software for the development of
- applications ("Programs"). No license is granted to you for
- any other purpose. 2.2 In addition to the license granted
- in Section 2.1, Sun grants to you, a non-exclusive,
- non-transferable, royalty-free and limited license to
- distribute the Licensed Software modified by you as
- permitted in Section 2.1 ("Modified Software") in source or
- binary form, provided that; i) the Modified Software is only
- distributed bundled as a part of your Programs, ii) the
- Modified Software improves on and adds value to the Licensed
- Software, and iii) the Programs are only distributed subject
- to a license agreement that protects Sun's interests
- consistent with the terms and conditions contained in this
- Agreement.
-
- 3.0 LICENSE RESTRICTIONS 3.1 You agree to reproduce any
- copyright and other proprietary right notices on any such
- copy. 3.2 Except as otherwise provided by Section 2.0, you
- may not modify or create derivative works of the Licensed
- Software, or reverse engineer, disassemble or decompile
- binary portions of the Licensed Software, or otherwise
- attempt to derive the source code from such portions. 3.3
- No right, title, or interest in or to Licensed Software, any
- trademarks, service marks, or trade names of Sun or Sun's
- licensors is granted under this Agreement.
-
- 4.0 NO SUPPORT Sun is under no obligation to support
- Licensed Software or to provide you with updates or error
- corrections (collectively "Software Updates"). If Sun at
- its sole option, supplies Software Updates to you, the
- Software Updates will be considered part of Licensed
- Software, and subject to the terms of this Agreement.
-
- 5.0 TERM AND TERMINATION OF AGREEMENT 5.1 You may terminate
- this Agreement at any time by destroying all copies of
- Software. 5.2 Either party may terminate this Agreement
- immediately should any Software become, or in either party's
- opinion be likely to become, the subject of a claim of
- infringement of any intellectual property right. 5.3 This
- Agreement will terminate immediately without notice from Sun
- if the you fail to comply with any provision of this
- Agreement. 5.4 Upon termination or expiration of this
- Agreement, you shall immediately cease use of and destroy
- Licensed Software and any copies thereof. 5.5 Rights and
- obligations under this Agreement which by their nature
- should survive, will remain in effect after termination or
- expiration hereof.
-
- 6.0 DISCLAIMER OF WARRANTY 6.1 Licensee acknowledges that
- Licensed Software may contain errors and is not designed or
- intended for use in the design, construction, operation or
- maintenance of any nuclear facility ("High Risk
- Activities"). Sun disclaims any express or implied warranty
- of fitness for such uses. You represent and warrant to Sun
- that you will not use, distribute or license the Licensed
- Software for High Risk Activities. 6.2 LICENSED SOFTWARE IS
- PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS,
- REPRESENTATIONS, AND WARRANTIES, INCLUDING ANY IMPLIED
- WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS
- FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE
- DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE
- HELD TO BE LEGALLY INVALID.
-
- 7.0 LIMITATION OF LIABILITY 7.1 You acknowledge that the
- Licensed Software is experimental. You acknowledge that the
- Licensed Software may have defects or deficiencies which
- cannot or will not be corrected by Sun. You will hold Sun
- harmless from any claims based on your use or inability to
- use the Licensed Software for any purpose, and from any
- claims that later versions or releases of any Licensed
- Software furnished to you are incompatible with the Licensed
- Software provided to you under this Agreement. 7.2 You
- shall have the sole responsibility to protect adequately and
- backup your data and/or equipment used in connection with
- the Licensed Software. You shall not claim against Sun for
- lost data, re-run time, inaccurate output, work delays or
- lost profits resulting from your use of the Licensed
- Software. 7.3 Neither party will be liable for any
- indirect, punitive, special, incidental or consequential
- damage in connection with or arising 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 that party has been previously
- advised of the possibility of such damage.
-
- 8.0 U.S. GOVERNMENT RIGHTS If this Software is being
- acquired by or on behalf of the U.S. Government or by a
- U.S. Government prime contractor or subcontractor (at any
- tier), then the Government's rights in the Software and
- accompanying documentation shall be only as set forth in
- this license; this is in accordance with 48 C.F.R. 227.7201
- through 227.7202-4 (for Department of Defense (DoD)
- acquisitions) and with 48 C.F.R. 2.101 and 12.212 (for
- non-DoD acquisitions).
-
- 9.0 GENERAL TERMS 9.1 Any action related to this Agreement
- will be governed by California law and controlling U.S.
- federal law. The U.N. Convention for the International
- Sale of Goods and the choice of law rules of any
- jurisdiction will not apply. 9.2 Licensed Software and
- technical data delivered under this Agreement are subject to
- U.S. export control laws and may be subject to export or
- import regulations in other countries. You agree to comply
- strictly with all such laws and regulations and acknowledge
- that you have the responsibility to obtain such licenses to
- export, re-export or import as may be required after
- delivery to you. 9.3 Neither party may assign or otherwise
- transfer any of its rights or obligations under this
- Agreement, without the prior written consent of the other
- party, except that Sun may assign this Agreement to an
- affiliated company. 9.4 This Agreement is the parties'
- entire agreement relating to its subject matter. It
- supersedes all prior or contemporaneous oral or written
- communications, proposals, conditions, representations and
- warranties and prevails over any conflicting or additional
- terms of any quote, order, acknowledgment, or other
- communication between the parties relating to its subject
- matter during the term of this Agreement. No modification
- to this Agreement will be binding, unless in writing and
- signed by an authorized representative of each party.
-
- For inquiries please contact: Sun Microsystems, Inc. 901
- San Antonio Road, Palo Alto, California 94303
-
- Copyright 2001 Sun Microsystems, Inc., All rights reserved.
- (LFI# 90748/FORMID#011801)
-
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