Java 3D Software Version 1.1.3 Binary Code License

   

This binary code license ("License") contains rights and 
restrictions associated with use of the accompanying 
Java 3D software and documentation ("Software"). 
Read the License carefullybefore using the Software. 
By using the Software you agree to the terms
and conditions of this License.

1.  License to Distribute. Licensee is granted a 
        royalty-free right to reproduce and distribute 
        the Software provided that Licensee:

    (A) distributes the Software complete and 
        unmodified (except for the specific files identified 
        as optional in the 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 Software is incorporated;

    (B) does not distribute additional software 
        intended to replace any component(s) 
        of the Software;

    (C) agrees to incorporate the most current 
        version of the 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 Software;

    (E) includes the provisions of 
        Sections 2, 3, 5, 6, 8 and 9 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 of distribution of the Program.

2.  Java Platform Interface. Licensee may 
   not 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. 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.

3.  Restrictions. Software is confidential 
   copyrighted information of Sun and title to all 
   copies is retained by Sun and/or its licensors.  
   Licensee shall not decompile, disassemble, decrypt,
   extract, or otherwise reverse engineer Software. 
   Software may not be leased, assigned, or 
   sublicensed, in whole or in part, except as
   specifically authorized in Section 1. 
   Software is not designed or intended for use in 
   online control of aircraft, air traffic, aircraft 
   navigation or aircraft communications; or in the design,
   construction, operation or maintenance of 
   any nuclear facility. Licensee warrants that 
   it will not use or redistribute the Software
   for such purposes.

4.  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.

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. This license shall automatically 
   terminate 180 days after production release 
   of the next version of the Software by Sun. 
   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

    (A) 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

    (B) 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.

11. Severability. If any of the above 
        provisions are held to be in violation of applicable 
        law, void, or unenforceable in any jurisdiction, 
        then such provisions are herewith waived or amended
    to the extent necessary for the License to be 
        otherwise enforceable in such jurisdiction.   
        However, if in Sun's opinion deletion or
    amendment of any provisions of the License 
        by operation of this paragraph unreasonably 
        compromises the rights or increase the
    liabilities of Sun or its licensors, Sun 
        reserves the right to terminate the License.