1. Licensed Software.
"Licensed Software" means the JAVA 3D[TM] 1.2.1_04 software in binary form, 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. License to Use.
Sun grants to you a non-exclusive, non-transferable and limited license to download, install and use the Licensed Software by the number of users and the class of computer hardware for which the corresponding fee, if any, has been paid. No license is granted to you for any other purpose. You may not sell, rent, loan or otherwise encumber or transfer the Licensed Software in whole or in part, to any third party.
3. License Restrictions.
3.1 The Licensed Software is confidential and copyrighted. You must take appropriate steps to protect the Licensed Software from unauthorized disclosure or use. Title to the Licensed Software and all associated intellectual property rights is retained by Sun and/or its licensors.
3.2 Except as specifically authorized in this Agreement or any supplemental license terms, you may not make copies of the Licensed Software, other than a single copy of the Licensed Software for archival purposes. You agree to reproduce any copyright and other proprietary right notices on any such copy.
3.3 Except as otherwise provided by law for purposes of decompilation of the Licensed Software solely for purposes of inter-operability, you may not modify or create derivative works of the Licensed Software, decompile, disassemble, or otherwise reverse engineer the binary portions of the Licensed Software or otherwise attempt to derive the source code from such portions.
3.4 The Licensed Software is not designed or licensed for use in the design, construction, operation or maintenance of any nuclear facility.
3.5 You may not publish or provide the results of any benchmark or comparison tests run on the Licensed Software to any third party without the prior written consent of Sun.
3.6 No right, title or interest in or to the Licensed Software, any trademark, service mark, logo, or trade name of Sun or its licensors is granted under this Agreement. Sun, Sun Microsystems, the Sun logo, and Sun Ray are trademarks or registered trademarks of Sun Microsystems, Inc. in the U.S. and other countries.
4. Limited Warranty.
Sun warrants to you that for a period of ninety (90) days from the date of purchase, as evidenced by a copy of the receipt, the media on which Licensed Software is furnished (if any) will be free of defects in materials and workmanship under normal use. Except for the foregoing, THE LICENSED SOFTWARE IS PROVIDED "AS IS." YOUR EXCLUSIVE REMEDY AND SUN'S ENTIRE LIABILITY UNDER THIS LIMITED WARRANTY WILL BE AT SUN'S OPTION TO REPLACE THE LICENSED SOFTWARE MEDIA OR REFUND THE FEE PAID FOR THE LICENSED SOFTWARE. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
5. Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE LICENSED SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for the Licensed Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose.
This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of the Licensed Software. This Agreement will terminate immediately without notice from Sun if you fail to comply with any provision of this Agreement. Upon termination, you must destroy all copies of the Licensed Software. Rights and obligations under this Agreement that by their nature should survive, will remain in effect after termination or expiration of this Agreement, including without limitation the provisions set forth in Sections 2, 3, 4, 5, 7, 8, 9, 10, 11, 12 and 13.
7. Export Regulations.
The 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.
8. U.S. Government Restricted Rights.
If the Licensed 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 Licensed Software and accompanying documentation shall be only as set forth in this Agreement; 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. Governing Law.
This Agreement will be governed by California law and controlling U.S. federal law. Neither the United Nations Convention on the International Sale of Goods nor the choice of law rules of any jurisdiction will apply. Any dispute relating to or arising out of this Agreement shall be resolved solely by an action filed in the Santa Clara County Superior Court or the United States District Court for the Northern District of California.
If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission of the provision would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
This Agreement is the entire agreement between you and Sun relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, 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 of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
It is understood and agreed that, notwithstanding any other provision of this Agreement, your breach of the provisions of Section 3 of this Agreement will cause Sun irreparable damage for which recovery of money damages would be inadequate, and that Sun will therefore be entitled to seek timely injunctive relief to protect Sun's rights under this Agreement in addition to an and all remedies available at law.
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.
Java 3D[TM] Software Version 1.2.1_04 Supplemental License Terms
These supplemental license terms ("Supplement") add to or modify the terms of the Binary Code License Agreement (collectively "the Agreement"). Capitalized terms not defined in this Supplement shall have the same meanings ascribed to them in the Agreement. These Supplement terms shall supersede any inconsistent or conflicting terms in the Agreement, or in any license contained within the Software.
1. License to Distribute. Sun grants to Licensee a non-exclusive, non-transferable, royalty-free limited license to reproduce and distribute the binary code form of the Licensed Software provided that Licensee:
(A) distributes the Licensed Software complete and unmodified (except for the specific files identified as optional in the Licensed Software README file), only as part of, and for the sole purpose of running, Licensee's Java compatible applet or application ("Program") into which the Licensed Software is incorporated;
(B) does not distribute additional software intended to replace any component(s) of the Licensed Software;
(C) agrees to incorporate the most current version of the Licensed Software that was available 180 days prior to each production release of the Program;
(D) does not remove or alter any proprietary legends or notices contained in the Licensed Software;
(E) includes the provisions of Sections 2, 3, 4, 5, 6, 7, 8, 9 of the Binary Code License and Sections 1 and 2 of the Supplemental terms in Licensee's license agreement for the Program; and
(F) agrees to indemnify, hold harmless, and defend Sun and its licensors from and against any claims or lawsuits, including attorneys' fees, that arise or result from the use or distribution of the Program.
(G) does not modify, or authorize its licensees to modify, the Java Platform Interface ("JPI", identified as classes contained within the "java" package or any subpackages of the "java" package), by creating additional classes within the JPI or otherwise causing the addition to or modification of the classes in the JPI; and
(H) only distributes the Licensed Software pursuant to a license agreement that protects Sun's interests consistent with the terms contained in the Agreement.
2. In the event that Licensee creates any Java-related API and distributes such API to others for applet or application development, Licensee must promptly publish broadly, an accurate specification for such API for free use by all developers of Java-based software, and Licensee must incorporate this term into its license agreements.
3. Trademarks and Logos. This License does not authorize Licensee to use any Sun name, trademark or logo. 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:
(A) comply with the Java Trademark Guidelines;
(B) not do anything harmful to or inconsistent with Sun's rights in the Java Marks; and
(C) assist Sun in protecting those rights, including assigning to Sun any rights acquired by Licensee in any Java Mark.
For inquiries please contact: Sun Microsystems, Inc., 901 San Antonio Road, Palo Alto, California 94303