Evaluation License Agreement for the text2gui Library
IMPORTANT -- READ CAREFULLY:
This Evaluation License Agreement ("ELA") is a legal agreement
between you (either an individual or a single entity) and Jeffrey C. H.
Tsay ("TSAY"), for the evaluation version of the text2gui library,
which may include Sun Microsystems, Inc. Java Technologies (TM)
computer software or "online" or electronic documentation ("SOFTWARE").
By installing, copying, or otherwise using the SOFTWARE, you agree to
be bound be the terms of the ELA. If you do not agree to any part of
the ELA, or wish not to be bound by the ELA, you may not copy, install,
or use the SOFTWARE for any purpose.
This ALA shall not apply to third-party libraries distributed with the
SOFTWARE in the lib
directory. The rights to use, copy, and distribute such libraries may
require notices and/or additional terms and conditions. Such required
third party software notices and/or additional terms and conditions are
located in the lib
directory and are made a part of and incorporated by reference into
this ELA. By accepting this ELA, you are also accepting the additional
terms and conditions, if any, set forth therein.
Also,
this ALA shall not apply to the contents of the src, demo, or examples directories.
I. SOFTWARE LICENSE
The SOFTWARE is protected by copyright laws and international copyright
treaties, as well as other intellectual property laws and treaties. The
SOFTWARE is licensed, not sold.
- GRANT OF LICENSE. This
ELA grants you the following rights:
- TSAY grants you (an individual developer) a non-exclusive,
non-transferable license to make use of the SOFTWARE on one or more
computers at one time, for the sole purpose of evaluating the
suitability of a non-evaluation version of the SOFTWARE for the
development of Java
applets, applications, servlets, Enterprise JavaBeans, or other Java
components ("JAVA SOFTWARE"), subject to the terms and conditions of
this agreement. In the course of the evaluation process,
you may use the SOFTWARE to perform tasks related to the implementation
of JAVA SOFTWARE.
- Storage/network use. You may store, install, and use an
unlimited number of copies of the SOFTWARE on media or servers internal
to your organization, provided that all such copies shall bear the
original and unmodified
copyright, patent and other intellectual property markings that appear
on or in the SOFTWARE. You may not make copies of the SOFTWARE
accessible to others outside your organization.
- You agree that TSAY may audit your use of the SOFTWARE for
compliance with these terms at any time, upon reasonable notice. In the
event that such audit reveals any use of the SOFTWARE by you other than
in full compliance with the terms of this ELA, you shall
reimburse TSAY for all reasonable expenses related to such audit
in addition to any other liabilities you may incur as a result of such
non-compliance.
- LIMITATIONS
- No distribution. You may not copy or embed any portion of the
SOFTWARE in your software products, or in any other way resell,
distribute or transfer the SOFTWARE or any portions of it outside your
organization.
- Fair use. If your software uses any version of the text2gui
library, you must license or otherwise obtain rights to a
non-evaluation version of the text2gui library before distributing or
transferring your software (in any form) outside your organization.
This limitation does not apply to code snippets (not to exceed 3000
characters, excluding comments) written for the sole purposes of
demonstrating and/or explaining the functionality of the text2gui
library.
- Limitations on Reverse Engineering, Decompilation, and
Deassembly. You may not reverse engineer, decompile, or
disassemble the SOFTWARE, except and only to the extent that such
activity is expressly permitted by applicable law notwithstanding this
limitation.
- No Modification. You may not make additions or deletions to any
directory or
modifications to any file included in the SOFTWARE, except those in the
src, demo, or examples directories. You may
not create derivative works based upon the SOFTWARE.
- You shall not use the SOFTWARE to develop any software or other
technology having the same primary function as the SOFTWARE, including
but not limited to using the SOFTWARE in any development or test
procedure that seeks to develop like software or other technology, or
to determine if such software or other technology performs in a similar
manner as the SOFTWARE.
- Rental. You may not sell, rent, lease, or sublicense the
SOFTWARE.
- Termination. Without prejudice to any other rights, TSAY may
terminate this ELA at any time. In such event, you shall follow the
procedures and be bound by the conditions set forth in section I.3.b.
- TERM AND TERMINATION
- Term. The Term of this ELA shall commence as of the date of
first acquisition of the SOFTWARE by you and continue for a period of
sixty (60) days. This ELA shall automatically terminate at the end of
this period. You may earlier terminate this ELA at any time.
Notwithstanding any provision of this ELA to the contrary, once you
have installed and used the SOFTWARE hereunder, upon expiration of the
Term, you may not receive
another evaluation license for the same version of the SOFTWARE
previously evaluated hereunder for the remainder of your lifetime. This
restriction shall not apply to any newer versions of the SOFTWARE as
are subsequently developed.
- Actions upon Termination. Upon termination, expiration, or
cancellation of this ELA for any reason, you shall destroy all copies
of the SOFTWARE in your possession or control. Immediately upon
termination, expiration, or cancellation of this ELA for any reason,
your right to the SOFTWARE hereunder shall cease, the Evaluation
License granted hereunder shall terminate, and you shall immediately
discontinue any and all use of the SOFTWARE. All provisions of this ELA
which by their nature are intended to survive the expiration or
termination of this ELA shall survive and remain in full force and
effect.
II. ACKNOWLEDGEMENT AND RESERVATION OF
RIGHTS
You acknowledge and agree that TSAY owns all intellectual property and
other proprietary rights in and to the SOFTWARE, including, without
limitation, all trademarks, service marks and tradenames associated
with the SOFTWARE. Furthermore, You acknowledge and agree that this ELA
does not and shall not be construed to transfer to you any express or
implied license to TSAY's intellectual property or other proprietary
rights, except as expressly set forth herein. All rights not expressly
granted herein are reserved to TSAY, including the right to make use of
any and all trademarks, service marks and/or tradenames associated with
the SOFTWARE.
The SOFTWARE is protected by copyright laws and international treaty
provisions. Therefore you must treat the SOFTWARE like any other
copyrighted material except according to the rights specifically
granted to you by this ELA.
III. NON-COMPETITION
You shall not use all or any part of the SOFTWARE, or any ideas,
concepts, technology, know-how or other information embodied within or
learned from the SOFTWARE in any manner in competition with TSAY for a
period of two (2) years following the expiration or termination of this
ELA.
IV. SUPPORT SERVICES
TSAY may provide you support services related to
the SOFTWARE ("SUPPORT SERVICES"), although TSAY is under no obligation
to do so. Use of SUPPORT SERVICES is governed
by the policies described in "online" documentation or other materials
provided by TSAY. Any supplemental software code provided to you as
part of SUPPORT SERVICES shall be considered part of the SOFTWARE and
subject to the terms and conditions of this ELA. With respect to
technical information you provide, including source code, TSAY may use
such information for its business purposes, including for product
support and development. TSAY will not utilize such technical
information in a form that personally identifies you.
V. NO WARRANTY
YOU ACKNOWLEDGE THAT THE SOFTWARE IS PROVIDED TO YOU FOR EVALUATION
PURPOSES ONLY. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TSAY
DOES NOT WARRANT THAT THE SOFTWARE WILL BE BUG-FREE OR FREE FROM
PROGRAM ERRORS. TSAY DOES NOT MAKE ANY REPRESENTATIONS REGARDING THE
SOFTWARE AND DOES NOT MAKE ANY WARRANTY REGARDING THE USE,
INSTALLATION, OR THE RESULTS OF THE USE OF THE SOFTWARE. YOU ARE SOLELY
RESPONSIBLE FOR YOUR INSTALLATION AND USE OF THE SOFTWARE AND DO SO AT
YOUR SOLE RISK.
VI. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL TSAY BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR
PUNITIVE DAMAGES, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THE
INSTALLATION, USE, OR INABILITY
TO USE, THE SOFTWARE (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA,
COST OF
PROCUREMENT OF SUBSTITUTE GOODS, DISRUPTION OF BUSINESS, LOSS OF
PROFITS, OR ANY OTHER MATTER RELATING TO YOUR USE OR INABILITY TO USE
THE SOFTWARE) OR
RELATED IN ANY WAY TO THIS ELA OR THE SUBJECT THEREOF, WHETHER ARISING
UNDER THEORIES OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR
OTHER THEORY, REGARDLESS WHETHER YOU HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS, EXCLUSIONS AND
DISCLAIMERS SET FORTH IN THIS SECTION VI SHALL APPLY TO THE MAXIMUM
EXTENT
PERMITTED
BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
NO
OBLIGATION OR LIABILITY SHALL ARISE FROM TSAY’S RENDERING OF TECHNICAL
OR OTHER
ADVICE OR SERVICE IN CONNECTION WITH THIS AGREEMENT, INCLUDING, WITHOUT
LIMITATION, ADVICE OR SERVICE RELATED TO THE INSTALLATION OR
CONFIGURATION OF THE SOFTWARE. SOME STATES AND JURISDICTIONS DO NOT
ALLOW EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES AND SO THE ABOVE LIMITS AND EXCLUSIONS MAY NOT APPLY
TO YOU OR MAY BE LIMITED BY LAW.
VII. INDEMNIFICATION
You shall indemnify, defend, and hold harmless TSAY, and his employees,
agents, successors and assigns from and against any and all claims,
expenses, losses, damages, costs, liabilities and judgments, including
without limitation reasonable attorneys’ fees and expenses, arising out
of or relating to any claim, charge, suit, or threat of any kind by any
third party resulting from or related to your use or misuse of the
SOFTWARE, failure to abide by the terms of this ELA, or violation of
any applicable law.
VIII. MISCELLANEOUS PROVISIONS
- SEVERABILITY. The
provisions of this ELA are severable. If any provision of this ELA is
held to be invalid, illegal, or unenforceable, such provision is to
that extent to be deemed omitted and not part of this ELA. The
validity, legality, or enforceability of the remaining provisions shall
in no way be affected or impaired thereby and shall be valid and
enforceable to the maximum extent permitted by law.
- ASSIGNMENT. This ELA
shall be binding on and inure to the benefit of the parties hereto and
their
respective successors and assigns. Notwithstanding the foregoing, you
shall not assign, sublicense, or otherwise transfer all or any part of
this ELA without the prior written consent of TSAY.
- GOVERNING LAW AND FORUM CHOICE.
This ELA shall be construed as having been made in, and shall be
governed in accordance with, the laws of the State of California,
without regard to that state's choice of law rules or conflict of law
provisions. You agree that both venue and personal jurisdiction over
you shall be proper in any state or federal court in San Diego County
for purposes of any disputes arising out of or related in any way to
this ELA, and you hereby irrevocably consent to the jurisdiction of
such courts.
- INJUNCTIVE RELIEF. You
acknowledge and agree that monetary damages alone would not be an
adequate remedy in the event of a material breach by you of your
obligations under this ELA and that, in such event, TSAY shall be
entitled to injunctive relief to require you to comply with your
obligations hereunder.
- EXPORT RESTRICTIONS. You
shall not export or re-export the SOFTWARE, or any part thereof, or any
process or service that is the direct product of the SOFTWARE
(collectively the "RESTRICTED COMPONENTS"), to any country, person, or
entity subject to United States export restrictions. You represent and
warrant that neither the U.S. Bureau of Industry and Security or its
predecessor, nor any other U.S. federal agency, has suspended, revoked,
or denied your export privileges. You shall not export or re-export any
of the RESTRICTED COMPONENTS:
- To any country to which the U.S. has embargoed or restricted
the export of goods or services, or to any national of any such
country,
wherever located, who intends to transmit or transport the RESTRICTED
COMPONENTS to such country;
- To any person or entity who has been prohibited from
participating in U.S. export transactions by any agency of the U.S.
government; or
- Otherwise in violation of applicable law.
- US GOVERNMENT RESTRICTED RIGHTS.
The SOFTWARE is provided with RESTRICTED AND LIMITED RIGHTS. Use,
duplication, or disclosure by the Government is subject to restrictions
as set forth in FAR 52.227-14, Alternate III(g)(3), FAR 52.227-19(c),
or
DFARS 252.227-7013(c)(1)(ii), as applicable.
- ENTIRE AGREEMENT. This
ELA
constitutes the exclusive and entire agreement between the parties with
respect to the subject matter hereof, and supersedes all prior
agreements, negotiations, representations and proposals, written or
oral, relating to the subject matter hereof.
- MODIFICATION AND WAIVER.
No modification of this ELA and no waiver of any breach of this ELA
shall be effective unless in writing and signed by an authorized
representative of the party against whom enforcement is sought. No
waiver of any breach of this ELA and no course of dealing between the
parties shall be construed as a waiver of any subsequent breach of this
ELA. The failure of either party at any time or times to require
performance of any provision hereof shall in no manner affect the right
at a later time to enforce such provision.