Download JavaOS for Business Software Development Kit, Version 2.1

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JavaOS^TM for Business^TM Index

License & Export for JavaOS 2.1

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BINARY SOFTWARE EVALUATION AGREEMENT

SUN IS WILLING TO LICENSE JAVAOS FOR BUSINESS 2.1
SOFTWARE TO YOU ("LICENSEE") 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 LICENSE CAREFULLY.  BY
INSTALLING THIS SOFTWARE, YOU ACCEPT THE TERMS
AND CONDITIONS OF THIS LICENSE AGREEMENT.  IF YOU
ARE NOT WILLING TO BE BOUND BY ITS TERMS, SELECT
THE "DO NOT ACCEPT" BUTTON AT THE BOTTOM OF THIS
PAGE AND THE INSTALLATION PROCESS WILL NOT
CONTINUE.

1.0 LIMITED LICENSE

"Licensed Software" means the JavaOS for Business
2.1 software and Related Materials which are
provided to Licensee for Licensee's use with the
Licensed Software.

"Related Materials" means all Documentation and
machine readable materials (including libraries,
executables, source files, header files and data
files) provided to Licensee by Sun.

2.0 LIMITED LICENSE

Sun Microsystems, Inc.  grants to Licensee, a
non-exclusive, non-transferable, royalty-free and
limited license to view Licensed Software
internally for the purposes of evaluation only.
No license is granted to Licensee for any other
purpose.  Licensee may not distribute Licensed
Software in whole or in part, to any third
party.

3.0 LICENSE RESTRICTIONS

3.1 Licensee may not duplicate Licensed Software
other than for a single copy of Licensed Software
for archival purposes only.  Licensee agrees to
reproduce any copyright and other proprietary
right notices on any such copy.

3.2 Except as otherwise provided by law, Licensee
may not modify 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 any
trademarks, service marks, or trade names of Sun
or Sun's licensors is granted under this
Agreement.

3.4 Licensed Software may only be used on the
Designated System identified above.

4.0 NO SUPPORT

Sun Microsystems, Inc.  is under no obligation to
support Licensed Software or to provide Licensee
with updates or error corrections (collectively
"Software Updates").  If Sun Microsystems, Inc.,
at its sole option, supplies Software Updates to
Licensee, 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 This Agreement will commence on the date on
which Licensee receives Licensed Software (the
"Effective Date") and will expire ninety (90)
days from the Effective Date, unless terminated
earlier as provided below.

5.2 Either party may terminate this Agreement
upon ten (10) days' written notice to the other
party.  In addition, Sun Microsystems, Inc.  may
terminate this Agreement immediately and without
notice if Licensee commits a material breach of
this Agreement.

5.3 Upon termination or expiration of this
Agreement, Licensee will immediately cease use of
and destroy Licensed Software and any copies
thereof and provide Sun Microsystems, Inc.  a
written statement verifying that Licensee has
complied with the foregoing obligations.

5.4 Rights and obligations under this Agreement
which by their nature should survive, will remain
in effect after termination or expiration
hereof.

6.0 CONFIDENTIAL INFORMATION

6.1 For purposes of this Agreement, "Confidential
Information" means all technical information and
any source code which Sun discloses to License
under this Agreement.  Licensee may not disclose
Confidential Information or use it except for the
purposes specified in this Agreement.  Licensee
will protect the confidentiality of Confidential
Information to the same degree of care, but no
less than reasonable care, as Licensee uses to
protect its own Confidential Information.
Licensee's obligations regarding Confidential
Information will expire no less than five (5)
years from the date of receipt of the
Confidential Information, except for Sun source
code which will be protected in perpetuity.
Licensee agrees that Licensed Software contains
trade secrets of Sun.

6.2 Notwithstanding any provisions contained in
this Agreement concerning nondisclosure and
non-use of the Confidential Information, the
obligations of Section 6.1 will not apply to any
portion of Confidential Information that a
Licensee can demonstrate in writing is:  (i) now,
or hereafter through no act or failure to act on
the part of Licensee becomes, generally known to
the general public; (ii) known to Licensee at the
time of receiving the Confidential Information
without an obligation of confidentiality; (iii)
hereafter rightfully furnished to Licensee by a
third party without restriction on disclosure; or
(iv) independently developed by Licensee without
any use of the Confidential Information.

6.3 Licensee must restrict access to Confidential
Information to its employees or contractors with
a need for this access to perform their
employment or contractual obligations and who
have agreed in writing to be bound by a
confidentiality obligation which incorporates the
protections and restrictions substantially as set
forth in this Agreement.

7.0 DISCLAIMER OF WARRANTY

7.1 Licensed 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.  Sun Microsystems, Inc.  disclaims any
express or implied warranty of fitness for such
uses.  Licensee will not use Licensed Software
for such purposes.

7.2 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.

8.0 LIMITATION OF LIABILITY

Except for breach of Section 7.1 and to the
extent not prohibited by applicable law:

A.  Each party's aggregate liability to the other
for claims relating to this Agreement, whether
for breach or in tort, will be limited to One
Hundred Thousand Dollars ($100,000).

B.  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.

C.  Liability for damages will be limited and
excluded, even if any exclusive remedy provided
for in this Agreement fails of its essential
purpose.

9.0 U.S.  GOVERNMENT RESTRICTED RIGHTS.

Use, duplication, or disclosure by the U.S.
Government is subject to restrictions set forth
in this Agreement and as provided in DFARS
227.7202-1(a) and 227.7202-3(a) (1995), DFARS
252.227-7013(c)(1)(ii) (Oct 1988), FAR
12.212(a)(1995), FAR 52.227-19 (June 1987), or
FAR 52.227-14 (ALT III) (June 1987), as
applicable.

10.0 GENERAL TERMS

10.1 Any action related to this Agreement will be
governed by California law and controlling U.S.
federal law and the U.N.  Convention for the
International Sale of Goods and the choice of law
rules of any jurisdiction will not apply.

10.2 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.
Licensee agrees to comply strictly with all such
laws and regulations and acknowledges that it has
the responsibility to obtain such licenses to
export, re-export or import as may be required
after delivery to Licensee.

10.3 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.

10.4 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.

PLEASE READ THE TERMS OF THIS LICENSE CAREFULLY. BY CLICKING ON THE "ACCEPT" BUTTON BELOW YOU ARE ACCEPTING AND AGREEING TO THE TERMS AND CONDITIONS OF THIS LICENSE WITH SUN MICROSYSTEMS, INC. IF YOU ARE AGREEING TO THIS LICENSE ON BEHALF OF A COMPANY, YOU REPRESENT THAT YOU ARE AN AGENT OF THE COMPANY AUTHORIZED TO BIND IT TO SUCH A LICENSE. IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS OF THIS LICENSE, CLICK ON THE REJECT BUTTON TO EXIT.

[ This page was updated: 21-Sep-2000 ]

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