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 at
http://java.sun.com/trademarks.html;
(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.
|