JAVA
PLATFORM INVOKETM for MS Platform(s) Demo
Evaluation LICENSE AGREEMENT
JAVAIN Ltd., ("JAVAIN") is
willing to license the JAVA PLATFORM INVOKETM for MS
Platform(s) Demo
product (”JPITM Demo”), related documentation, and any other material
or
information relating
to such software provided by JAVAIN (the “Software” or “Product”), to
YOU (personally and/or
on behalf of your employer) (the "Licensee") ONLY IF YOU AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE
AGREEMENT (the "Agreement").
BEFORE YOU CHOOSE THE
"I ACCEPT" BUTTON AT THE BOTTOM OF THIS WINDOW,
CAREFULLY READ THE
TERMS AND CONDITIONS OF THIS AGREEMENT. BY
CHOOSING THE "I ACCEPT" BUTTON
YOU ARE: (1) REPRESENTING THAT YOU HAVE
THE LEGAL CAPACITY AND
AUTHORITY TO BIND YOURSELF AND/OR YOUR
EMPLOYER, TO THE TERMS
AND CONDITIONS OF THIS AGREEMENT; AND (2)
CONSENTING ON BEHALF
OF YOURSELF AND/OR AS AN AUTHORIZED
REPRESENTATIVE OF YOUR
EMPLOYER, TO BE BOUND BY THIS AGREEMENT. IF
YOU DO NOT AGREE TO
ALL OF THE TERMS AND CONDITIONS OF THIS
AGREEMENT, OR DO NOT
REPRESENT THE FOREGOING, CHOOSE THE "I DO NOT
ACCEPT" BUTTON, IN WHICH CASE YOU WILL AND MAY NOT RECEIVE, INSTALL
OR USE THE SOFTWARE.
Should you have any
questions regarding this Agreement, contact JAVAIN at: JAVAIN Ltd.,
Attention: Licensing,
e-mail: software@JAVAIN.com
GRANT OF LICENSE: JAVAIN hereby
grants to Licensee a non-exclusive,
non-transferable
license
to use the accompanying Software for the sole purposes of evaluation on the
following
terms:
Licensee may: a) Use the Software on any of Licensee computer for
evaluation only; and c) Copy
the
Software for backup purposes, provided any copy must contain all of the
original Software's
proprietary
notices.
and, Licensee may not: a) Permit other individuals or
entities to use the Software either for free; b)
Modify,
translate, reverse engineer, decompile, disassemble (except to the extent
applicable laws
specifically
prohibit such restriction), or create derivative works based on the Software;
c) Copy
the
Software (except for back-up purposes); d) Rent, lease, or otherwise transfer
rights to the
Software;
e) Remove any proprietary notices or labels on the Software; f) Distribute
executable
files or
library files that Licensee create which are linked to library files contained in the
Software,
or
otherwise incorporate source code or library files contained in the Software;
g) Distribute any
source code, including
header files, or library files contained in the Software either for free, or h)
In any manner use the
Software for commercial purposes.
The Software is in
"use" on a computer when it is loaded into temporary memory (i.e.,
RAM) or
installed into
permanent memory (e.g. hard disk, CD-ROM) of that computer.
TITLE; Title, ownership rights, and intellectual property rights in and to the
Software, and any
copies of the Software
shall remain with JAVAIN. The Software is protected by the copyright
laws
of the United States of America and international copyright treaties. Title,
ownership rights,
and intellectual
property rights in and to the content accessed through the Software is the
property
of the applicable
content owner and may be protected by applicable copyright or other law. This
License gives Licensee no rights to such content.
SERVICE
AND SUPPORT; The service and support that JAVAIN offers for
the Software under
this Agreement are
limited to the service or support, if any, that is freely available on JAVAIN's
Web site.
TERMINATION; This license terminates automatically when the built-in evaluation
period of the
Software expires or 45
days after the date Licensee obtained the Software, whichever is earlier.
This license will also
terminate automatically if Licensee fail to comply with the limitations
described above. On
termination, Licensee must erase and destroy all copies of the Software.
NO
WARRANTY; The Software is supplied on an “AS IS” BASIS WITHOUT
REPRESENTATIONS OR WARRANTIES
OF ANY KIND, and Licensee will
bear all risks
as to quality and
performance of the program. Without limiting the generality of the foregoing,
a) Licensee assume the
entire cost of any service or repair and of any damage resulting from the
information contained
in or compiled by the Software, and
b) Licensee assumes
all responsibilities for selection of the Software to achieve your intended
results, and for the installation
of, use of, and results obtained from the Software.
JAVAIN MAKES NO OTHER
EXPRESS WARRANTY AND NO WARRANTY OF ANY
INFRINGEMENT OF THIRD
PARTIES' RIGHTS. THE DURATION OF IMPLIED WARRANTIES, INCLUDING WITHOUT
LIMITATION, WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR
PURPOSE, IS LIMITED TO
THE ABOVE LIMITED
WARRANTY PERIOD; SOME COUNTRIES DO NOT ALLOW
LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY LASTS, SO LIMITATIONS
MAY NOT APPLY TO
LICENSEE. NO JAVAIN DEALER, AGENT, OR EMPLOYEE IS
AUTHORIZED TO MAKE ANY
MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO
THIS WARRANTY.
THIS WARRANTY GIVES
LICENSEE SPECIFIC LEGAL RIGHTS, AND LICENSEE MAY
HAVE OTHER LEGAL
RIGHTS THAT VARY FROM COUNTRY TO COUNTRY OR BY
JURISDICTION.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND
UNDER NO LEGAL THEORY,
TORT, CONTRACT, OR OTHERWISE, SHALL JAVAIN OR
ITS SUPPLIERS OR
RESELLERS BE LIABLE TO LICENSEE OR ANY OTHER PERSON
FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF
ANY CHARACTER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
GOODWILL, WORK
STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY
AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES, OR FOR ANY DAMAGES IN
EXCESS
OF JAVAIN'S LIST PRICE FOR A LICENSE TO THE SOFTWARE, IF ANY, EVEN IF JAVAIN
SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM
BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE
EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME COUNTRIES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO LICENSEE.
This Agreement is the
entire Agreement between Licensee (either an individual or a single entity)
and JAVAIN and
supersedes any other communications, advertisements, or understandings with
respect to the
Software.
JAVAIN
Ltd.
software@javain.com
MARCH 01,
2007