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The InfoBus Technology
Release 1.2
License Agreement
SUN MICROSYSTEMS, INC. (``SUN'') AND LOTUS DEVELOPMENT CORPORATION (``LOTUS'') ARE WILLING
TO LICENSE INFOBUS(tm) SOFTWARE (``SOFTWARE'') TO YOU ("CUSTOMER") ONLY UPON THE CONDITION
THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT ("AGREEMENT"). READ THE
TERMS AND CONDITIONS OF THE AGREEMENT CAREFULLY BEFORE SELECTING THE "ACCEPT" BUTTON AT THE
BOTTOM OF THIS PAGE. BY SELECTING THE "ACCEPT" BUTTON YOU AGREE TO THE TERMS AND CONDITIONS
OF THE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY ITS TERMS, SELECT THE "DO NOT
ACCEPT" BUTTON AT THE BOTTOM OF THIS PAGE AND THE INSTALLATION PROCESS WILL NOT CONTINUE.
1. License to Distribute. Customer is granted a royalty-free, non-transferable right to
reproduce and use the Software for the purpose of developing applications which run in
conjunction with the Software. Customer may not modify the Software (including any APIs
exposed by the Software) in any way.
2. Restrictions. Software is confidential copyrighted information of Lotus and title to all
copies is retained by Lotus and/or its licensors. Except to the extent enforcement of this
provision is prohibited by applicable law, if at all, Customer shall not decompile,
disassemble, decrypt, extract, or otherwise reverse engineer Software. Software is not
designed or intended for use in on-line control of aircraft, air traffic, aircraft
navigation or aircraft communications; or in the design, construction, operation or
maintenance of any nuclear facility. Customer warrants that it will not use or redistribute
the Software for such purposes.
3. Trademarks and Logos. This Agreement does not authorize Customer to use any Sun or Lotus
name, trademark or logo. Customer 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: (i) comply with the Java Trademark Guidelines at
http://java.sun.com/trademarks.html; (ii) not do anything harmful to or inconsistent with
Sun's rights in the Java Marks; and (iii) assist Sun in protecting those rights, including
assigning to Sun any rights acquired by Customer in any Java Mark.
4. 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.
5.Limitation of Liability. IN NO EVENT WILL LOTUS, SUN OR ITS LICENSORS BE LIABLE FOR ANY
LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR
PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE
DOWNLOADING OF, USE OF, OR INABILITY TO USE, SOFTWARE, EVEN IF SUN OR LOTUS HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
6. Termination. Customer may terminate this Agreement at any time by destroying all copies
of Software. This Agreement will terminate immediately without notice from Sun or Lotus if
Customer fails to comply with any provision of this Agreement. Upon such termination,
Customer must destroy all copies of Software. Sections 4 and 5 above shall survive
termination of this Agreement.
7. 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. Customer 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 (i) 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 (ii) 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.
8. 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.
9. Governing Law. Any action related to this Agreement will be governed by California law
and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.
10. 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 Agreement to be otherwise enforceable in such
jurisdiction. However, if in Sun's or Lotus' opinion deletion or amendment of any provisions
of the Agreement by operation of this paragraph unreasonably compromises the rights or
increase the liabilities of Sun, Lotus or their licensors, Sun and Lotus reserve the right
to terminate the Agreement.
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