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BEFORE USING THE ACCOMPANYING FREE TRIAL SOFTWARE, CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS WHICH INCLUDE THE FREE TRIAL SOFTWARE LICENSE AND NO WARRANTY. BY CHOOSING THE ACCEPT BUTTON, YOU EXPRESSLY AGREE THAT YOU HAVE DIRECTLY LICENSED THE ACCOMPANYING SOFTWARE FROM SOFTWARE TREE. IF YOU DO NOT ACCEPT OR AGREE WITH THESE TERMS, YOU SHOULD NOT DOWNLOAD THE FREE TRIAL SOFTWARE. FOR THE PURPOSES OF THIS AGREEMENT, FREE TRIAL SOFTWARE INCLUDES OBJECT CODE, EXAMPLE SOURCE CODE AND DOCUMENTATION.
You are licensed to use the Free Trial Software and load it into a single computer solely for the purpose of evaluating whether to purchase the Software.
Title, ownership rights, and intellectual property rights in and to the Free Trial Software shall remain in possession of Software Tree. You agree to abide by the patent, trademark and copyright laws and all other applicable laws of the United States including, but not limited to, export control laws. You acknowledge that the Free Trial Software in object code and source code form remains confidential information and a trade secret of Software Tree, that the source code is not covered by this license and will not be provided by Software Tree.
You may not: use, copy, rent, lease or otherwise transfer the Free Trial Software, in whole or in part, except as expressly provided for in this license. You agree not to modify or adapt the Free Trial Software, in whole or in part, including but not limited to, translating or creating derivative works, disassembling or reverse compiling for the purpose of reverse engineering the Free Trial Software or publish evaluations or performance benchmarks involving this software without written permission from Software Tree.
This Free Trial Software is offered free of charge on an "as is" basis and is unsupported. There is no technical support offered to users of this downloaded version. You may submit suggestions or questions to . Software Tree has no specific obligation to acknowledge or address these questions.
You assume full responsibility for the selection of the Free Trial Software to achieve your intended results and for the installation, use and results obtained from the Free Trial Software.
This Agreement and your license to use the Free Trial Software will automatically terminate within 30 days from the date of the free download. Upon termination you agree to destroy all copies of the Free Trial Software. All disclaimers of warranties and limitation of liability set forth in this Agreement shall survive any termination of this Agreement.
While Software Tree intends to distribute a commercial release of the Free Trial Software, Software Tree reserves the right at any time not to release a commercial release of the Free Trial Software or, if released, to alter prices, features, specifications, functions, licensing terms, release dates, general availability or other characteristics of the commercial release.
NO WARRANTIES OR LIABILITIES. SOFTWARE TREE LICENSES THE FREE TRIAL SOFTWARE TO LICENSEE AS IS WITHOUT ANY WARRANTIES EITHER EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOFTWARE TREE OR ITS DIRECT OR INDIRECT SUPPLIERS SHALL HAVE NO LIABILITY OF ANY TYPE WHATSOEVER TO LICENSEE ARISING FROM OR RELATED TO LICENSEE USING THE FREE TRIAL SOFTWARE. WITHOUT LIMITING THE FOREGOING, SOFTWARE TREE OR ITS DIRECT OR INDIRECT SUPPLIERS SHALL IN NO EVENT BE LIABLE TO LICENSEE FOR ANY LOST PROFITS, LOST BUSINESS, LOST DATA, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT SOFTWARE TREE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOFTWARE TREE, INC. END-USER SOFTWARE LICENSE AGREEMENT
SOFTWARE TREE, INC. ("SOFTWARE TREE") IS WILLING TO GRANT A NONEXCLUSIVE LICENSE FOR THE ENCLOSED SOFTWARE PRODUCT TO YOU, A SINGLE DEVELOPER/USER, ONLY ON THE CONDITION THAT YOU ACCEPT ALL THE TERMS CONTAINED IN THIS AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE OPENING/INSTALLING THIS SOFTWARE PACKAGE. OPENING/INSTALLING THIS PACKAGE INDICATES YOUR ACCEPTANCE OF THE TERMS CONTAINED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, THEN SOFTWARE TREE IS UNWILLING TO LICENSE THE ENCLOSED SOFTWARE PRODUCT TO YOU.
1. LICENSE GRANT. Subject to the terms set forth in this Agreement, you may use the enclosed computer product ("Software Product"), including the enclosed object code version of the software ("Software") and all associated software documentation furnished with this package on a single computer system for the purpose of developing applications for the JAVA environment in the country in which the Software Product was furnished to you. You may make one copy of the Software for backup purposes, provided that you reproduce all copyright and other proprietary notices that are on the original copy of the Software. Your license is limited to the version of the Software Product Enclosed, and is limited to use by a single developer/user. You may network the Software or otherwise use the product for shared development provided this use does not violate either the number of licenses purchased or any other terms of this agreement. The Software Product is licensed, not sold, to you for use only upon the terms of this Agreement, and Software Tree and/or its suppliers reserve all rights not expressly granted to you. You own the media on which the Software is recorded, but Software Tree and/or its suppliers retain ownership of the Software itself and any copies of the Software.
2. RESTRICTED USE. You may not use, copy, or modify the Software Product, or any copy thereof, in whole or in part, except as expressly provided in this Agreement. You may not copy the documentation accompanying the Software without Software Tree's express written consent. You may not rent, resell for profit, sublicense, lease or otherwise transfer the Software Product.
3. RUNTIME DISTRIBUTION LICENSE. You may distribute, royalty free, copies of certain Runtime Files of the Software only for use with applications you have developed using the Software. These Runtime Files are listed in the Appendix of the product User Manual entitled "Distributing (product) Runtime Files". No other portions of the Software may be distributed royalty free. You agree that all copies of such Runtime Files of the Software will bear the same proprietary notices which appear on and in the Software. This Runtime Distribution License is granted solely for the purpose set forth herein, and you are not authorized to use the same proprietary notices which appear on and in the Software in any other manner.
4. LIMITED 30-DAY WARRANTY. Software Tree warrants to you (the original Licensee) for thirty (30) days ("the Warranty Period"), from the date of shipment to you from Software Tree or its suppliers of the Software Product, as evidenced by a copy of the shipping document or electronic transfer document, that the Software Product shall substantially perform as described in the documentation provided with the Software, and that the media upon which the Software Product is furnished to you will be free from defects in material and workmanship under normal use. Software Tree does not warrant that the Software Product will function without error or interruptions nor that it will work properly with anomalies in third party software. In the event that the Software Product fails to conform to such warranty, Software Tree's sole and exclusive liability hereunder to you shall be the repair or replacement of the non-conforming Software within the warranty period. FOR WARRANTY ASSISTANCE, YOU MAY RETURN THE SOFTWARE PRODUCT TO THE RESELLER FROM WHICH YOU PURCHASED THIS LICENSE.
5. NO OTHER WARRANTIES. The agents, employees, distributors, and dealers of Software Tree are not authorized to make modifications to this warranty nor are additional warranties binding on Software Tree. Accordingly, additional statements such as dealer advertising or presentations, whether oral or written, do not constitute warranties by Software Tree and should not be relied upon as warranties of Software Tree. THE WARRANTY SET FORTH IN SECTION 3 IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, AND SOFTWARE TREE EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES OF NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF SHIPMENT OF THE SOFTWARE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
6. TERMINATION. This License is effective until terminated and terminates without notice from Software Tree if you fail to comply with any of its provisions. Upon termination you shall destroy the Software Product and all copies or portions thereof.
7. LIMITATIONS OF LIABILITY. IN NO EVENT SHALL SOFTWARE TREE OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY PERSON FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF CUSTOMERS, LOSS OF GOODWILL, WORK STOPPAGE, DATA LOSS, COMPUTER FAILURE OR MALFUNCTION, CLAIMS BY ANY PARTY OTHER THAN YOU, OR ANY AND ALL OTHER SIMILAR DAMAGES OR LOSS EVEN IF SOFTWARE TREE OR ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOFTWARE TREE'S TOTAL LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT OR OTHERWISE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SOFTWARE PRODUCT. SOME STATES AND COUNTRIES DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE PRECEDING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. SOFTWARE TREE SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR SOFTWARE PRODUCT ALTERED, MODIFIED, OR CONVERTED, OR FOR DAMAGES RESULTING FROM ACCIDENT, ABUSE, OR MISAPPLICATION, OR FOR PROBLEMS DUE TO THE MALFUNCTION OF EQUIPMENT OR SOFTWARE NOT SUPPLIED BY SOFTWARE TREE. THE ALLOCATION OF RISKS AND LIMITATIONS OF LIABILITY AND DAMAGES ARE DELIBERATE AND THE CONSIDERATION WAS DETERMINED ACCORDINGLY.
8. INDEMNITY. You agree to indemnify, defend and hold Software Tree harmless against any claims, lawsuits or damages by persons or entities with whom you have used the Software Product.
9. U.S. GOVERNMENT RESTRICTED RIGHTS. This Software Product is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in this Agreement and as provided in FAR 52.227-19, FAR 12.212(a), FAR 52.227-14 (ALT III), [DFAR 252.227-7013(c)(1)(ii) (Oct. 1988)], or DFARS 227.7202-1(a) and 227.7202-3(a)(1995), as applicable. Software Tree, Inc., 650 Saratoga Avenue, San Jose, California 95129.
10. CONFIDENTIALITY. You agree that the Software Product is the confidential and proprietary property of Software Tree. To protect its confidentiality you agree not to reverse engineer, decompile or disassemble the Software Product.
11. COMPLIANCE WITH LAW. Each party agrees to comply with all applicable laws, rules, and regulations in connection with its activities under this Agreement. Without limiting the foregoing, you acknowledge that the Software Product, including documentation and other technical data, is subject to export controls imposed by the U.S. Export Administration Act of 1979, as amended (the "Act"), and the regulations promulgated thereunder. You will not export or reexport (directly or indirectly) the Software Product or other technical data therefor without complying with the Act and the regulations thereunder.
12. GENERAL. You agree to pay any tax assessed to this Software Product, other than Software Tree's net income tax. This Agreement will be governed by the laws of the State of California, without regard to or application of conflicts of law rules or principles. . This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. The prevailing party in any litigation arising out of this Agreement will be entitled to recover, in addition to any other relief awarded or granted, its reasonable costs and expenses, including attorney's fees incurred in the proceedings. This Agreement may not be assigned without Software Tree's prior written consent, and any attempt to do so without such consent is void. If any provision of this Agreement is held to be unenforceable, it will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force. This Agreement is the complete and exclusive statement of the agreement between us which supersedes any proposal or prior agreement, oral or written, and any other communications between us in relation to the subject matter of this Agreement.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.THE SOFTWARE PRODUCT IS PROTECTED BY UNITED STATES COPYRIGHT LAW AND INTERNATIONAL TREATY. UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS SUBJECT TO CIVIL AND CRIMINAL PENALTIES.
Java is a registered trademark of Sun Microsystems.
August 2002 721305.