END-USER LICENSE AGREEMENT FOR THE JLOOX PRODUCT
The following is the end user license agreement ("EULA") for JLOOX 1.2 and subsequent versions.
IMPORTANT -- READ CAREFULLY: By opening the sealed software package, or downloading, or installing, or using this product, you indicate your acceptance of the following JLOOX Standard License Agreement. This is a legal agreement between you (either an individual or an entity) and LOOX Software - called "LOOX" in this document. If you do not accept and agree with all of the terms of this agreement, promptly delete any copies on your system(s), return any unopened software package(s) and all other materials with proof of payment to your place of purchase, and your license fee will be refunded.
DEFINITIONS
A) JLOOX is the JLOOX Java class libraries delivered as the jloox*.jar and jclass*.jar archive files.
B) JLOOXMaker is the standalone JLOOXMaker editor Java application, delivered as the jlm*.jar archive file.
C) SOFTWARE means the JLOOX class library, the JLOOXMaker editor standalone application and any associated electronic documentation and example code.
SOFTWARE LICENSE
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.
1. GRANT OF LICENSE
1.1 If You Have Any Version Of A JLOOX Product: This license permits you, a single user, to use the SOFTWARE, on a single computer.
i) To Build Applets. Provided that applets you build are used only as an internal component in end-user oriented user- interfaces, you may copy them to additional computers (e.g. Web Servers), from which you may allow end-users to download, royalty-free, the applets in the course of browsing or interacting with Web pages you create. You are not permitted to distribute the applets in any fashion which would promote, encourage or allow reuse or redistribution of the applet, other than as permitted above;
and
ii) To Build Stand-Alone Java Applications. You have a royalty- free right to reproduce and distribute the JLOOX class libraries (jloox*.jar and jclass*.jar) as an integral part of your application(s), subject to the restrictions below.
1.2 Limited Distribution Rights. Your royalty-free distribution rights described in Section 1.1 above are granted provided that you:
(a) distribute the Applet or applets you build only in conjunction with and as an integral part of your Web pages, and distribute the JLOOX class libraries (jloox*.jar and jclass*.jar) only as an integral part of your end-user, stand-alone application;
(b) your Web pages or software product(s) are targeted at end- users, and are not a development tool; (c) you do not use LOOX or KL Group's name, logo or trademark to market your Web pages or application;
(d) you include a valid copyright notice on your Web pages and software products;
(e) you do not distribute the JLOOXMaker editor standalone application (jlm*.jar) with the JLOOX class libraries;and
(f) you agree to indemnify, hold harmless, and defend LOOX and its suppliers from and against any claims or lawsuits, including attorney's fees, that arise or result from the use or distribution of your Web pages and/or applications.
1.4 Use Definition. 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, or other storage device) of that computer, except that a copy installed on a network server for the sole purpose of distribution to other computers is not "in use".
2. UPGRADES
If the SOFTWARE is an upgrade you may use or transfer the SOFTWARE only in conjunction with the prior version(s) of the SOFTWARE.
3. COPYRIGHT
The SOFTWARE (including any images, photographs and text incorporated into the SOFTWARE) is owned by LOOX or its suppliers and is protected by Canadian, United States and other countries' copyright laws and international treaty provisions. Therefore you must treat the SOFTWARE like any other copyrighted material and not reproduce it except that you may either:
(a) make one copy of the SOFTWARE solely for backup or archival purposes, or
(b) transfer the SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes.
You may not copy any printed materials accompanying the SOFTWARE.
4. OTHER RESTRICTIONS
You may not rent or lease the SOFTWARE, but upon prior written agreement from LOOX you may transfer the SOFTWARE and accompanying written materials on a permanent basis provided you retain no copies and the recipient agrees to the terms of this License Agreement. If the SOFTWARE is an upgrade, any transfer must include the most recent upgrade and all prior versions. You may not reverse engineer, decompile, disassemble, or translate the SOFTWARE, except to the extent such foregoing restriction is expressly prohibited by applicable law.
5. DUAL-MEDIA SOFTWARE
You may receive the SOFTWARE in more than one medium. Regardless of the type or size of medium you receive, you may use only the medium appropriate for your single-user computer. You may not use the other medium on another computer or loan, rent, lease, or transfer the disks to another user except as part of the permanent transfer (as provided above) of all SOFTWARE and printed materials.
6. U.S. GOVERNMENT RESTRICTED RIGHTS
The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturers is LOOX Software Inc., 4962 El Camino Real Ste. 206, Los Altos, CA 94022, USA and 4 bld des Iles 92130 Issy les Moulineaux, France.
7. MISCELLANEOUS
If you acquired this product in the United States this EULA is governed by the laws of California, and the parties agree to resolve any dispute exclusively in the courts of California.
If this product was acquired outside the United States, then local law may apply.
Should you have any questions concerning this EULA, or if you desire to contact LOOX for any reason, please contact the LOOX Software subsidiary serving your country, or write: LOOX Software Inc., Sales Information, 4962 El Camino Real, #206, Los Altos, CA 94022, USA. For other countries please contact LOOX Software, 4, bld des Iles, F92137 Issy-les-Moulineaux Cedex, FRANCE.
8. LIMITED WARRANTY
LIMITED WARRANTY. LOOX warrants that (a) the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any Support Services provided by LOOX shall be substantially as described in applicable written materials provided to you by LOOX, and LOOX support engineers will make commercially reasonable efforts to solve any problem issues. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the SOFTWARE, if any, are limited to ninety (90) days.
CUSTOMER REMEDIES. LOOX and its suppliers' entire liability and your exclusive remedy shall be, at LOOX's option, either (a) return of the price paid, if any, or (b) repair or replacement of the SOFTWARE that does not meet LOOX's Limited Warranty and that is returned to LOOX with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States and Canada, neither these remedies nor any product support services offered by LOOX are available without proof of purchase from an authorized international source.
SPECIFIC DISCLAIMER FOR HIGH-RISK ACTIVITIES. The SOFTWARE is not designed
or intended for use in high-risk activities including, without restricting the generality of the foregoing, on-line control of aircraft, air traffic, aircraft navigation or aircraft communications; or in the design, construction, operation or maintenance of any nuclear facility. LOOX and its suppliers specifically disclaim any express or implied warranty of fitness for such purposes or any other purposes.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable laws, in no event shall LOOX or its suppliers be liable for any damages whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of information, or other pecuniary loss) arising out of the use of or inability to use this LOOX product, even if LOOX has been advised of the possibility of such damages.
Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOOX SOFTWARE AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE AND THE ACCOMPANYING PRINTED MATERIALS. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
9. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LOOX OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF LOOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, LOOX'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR US$5.00; PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO A LOOX SUPPORT SERVICES AGREEMENT, LOOX'S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
