SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THESE MATERIALS TO YOU ONLY FOR EVALUATION PURPOSES AND ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT. PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY. BY DOWNLOADING THESE MATERIALS, YOU ACCEPT THE TERMS AND CONDITIONS OF THE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY IT, SELECT THE "DECLINE" BUTTON AT THE BOTTOM OF THIS PAGE.
Materials: JavaFX 1.0 APIs ("Materials")
Version: 1.0
Copyright 2008 SUN MICROSYSTEMS, INC.
All rights reserved.
LIMITED EVALUATION LICENSE
Sun hereby grants you a fully-paid, non-exclusive, non-transferable, worldwide, limited license (without the right to sublicense), under Sun's applicable intellectual property rights to view, download, use and reproduce the Materials only for the purpose of internal evaluation. This includes (i) developing applications and content intended to run on an implementation of the Materials, provided that such applications or content do not themselves implement any portion(s) of the Materials, and (ii) excerpting brief portions of the Materials in oral or written communications which discuss the Materials provided that such excerpts do not in the aggregate constitute a significant portion of the Materials. No license of any kind is granted hereunder for any other purpose including, for example, creating and distributing implementations of the Materials, modifying the Materials (other than to the extent of your fair use rights), or distributing the Materials to third parties. Also, no right, title, or interest in or to any trademarks, service marks, or trade names of Sun or Sun's licensors, Sun or the Sun's licensors is granted hereunder. The foregoing license is expressly conditioned on your acting within its scope, and will terminate immediately without notice from Sun if you breach the Agreement or act outside the scope of the licenses granted above. Java, and Java-related logos, marks and names are trademarks or registered trademarks of Sun Microsystems, Inc. in the U.S. and other countries.
DISCLAIMER OF WARRANTIES
THE MATERIALS ARE PROVIDED "AS IS". SUN MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT (INCLUDING AS A CONSEQUENCE OF ANY PRACTICE OR IMPLEMENTATION OF THE MATERIALS), OR THAT THE CONTENTS OF THE MATERIALS ARE SUITABLE FOR ANY PURPOSE. This document does not represent any commitment to release or implement any portion of the Materials in any product. In addition, the Materials could include technical inaccuracies or typographical errors.
LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUE, PROFITS OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, RELATED IN ANY WAY TO YOUR HAVING OR USING THE MATERIALS, EVEN IF SUN AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
RESTRICTED RIGHTS LEGEND
U.S. Government: If these Materials are 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 Software and accompanying documentation shall be only as set forth in this license; 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).
REPORT
If you provide Sun with any comments or suggestions concerning the Materials ("Feedback"), you hereby: (i) agree that such Feedback is provided on a non-proprietary and non-confidential basis, and (ii) grant Sun a perpetual, non-exclusive, worldwide, fully paid-up, irrevocable license, with the right to sublicense through multiple levels of sublicensees, to copy, modify, create derivative works thereof, publicly perform, publicly display, sell, offer to sell, make, have made, import, incorporate, disclose, exploit and use without limitation the Feedback for any purpose.
GENERAL TERMS
Any action relating to or arising out of this Agreement will be governed by California law and controlling U.S. federal law. The U.N. Convention for the International Sale of Goods and the choice of law rules of any jurisdiction will not apply. You hereby exclusively and irrevocably submit to, and waive any objection against, the personal jurisdiction of the United States District Court for the Northern District of California, and the state courts of the State of California for the County of Santa Clara.
The Materials 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.
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.
Rev. November 2008
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