Technology Evaluation License
READ THE TERMS OF THIS TECHNOLOGY EVALUATION LICENSE INCLUDING EXHIBIT A
("AGREEMENT") CAREFULLY BEFORE DOWNLOADING TECHNOLOGY OR OPENING
TECHNOLOGY MEDIA PACKAGE. BY OPENING TECHNOLOGY MEDIA PACKAGE, YOU AGREE
TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING TECHNOLOGY
ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE
"ACCEPT" (OR EQUIVALENT) BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO
NOT AGREE TO ALL OF THE TERMS, PROMPTLY RETURN THE UNUSED TECHNOLOGY TO
SUN OR, IF TECHNOLOGY IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE"
(OR EQUIVALENT) BUTTON AT THE END OF THIS AGREEMENT.
The Agreement is made between Sun Microsystems, Inc., a Delaware
corporation with its address at 4150 Network Circle, Santa Clara, CA
95054 ("Sun"), and the individual, corporation, partnership or other
legal entity receiving the Technology ("Licensee"). The parties agree as
follows:
I. EXHIBIT A:
Effective Date: The date Licensee receives the Technology.
Technology: JavaFX Preview SDK
Version: 1.0 Pre 1
The Technology is Pre-Release Technology.
Permitted Number of Copies: One (1).
Evaluation Period: The sixty (60) days following the Effective Date.
Feedback Frequency: Licensee will provide feedback to the individual or
alias specified by Sun at least once during the Evaluation Period.
II. Technology Evaluation License
1. DEFINITIONS.
1.1 "Binary Technology" means program code provided to Licensee by Sun
in machine readable format. Binary Technology includes available
related documentation.
1.2 "Confidential Information" means (a) with respect to Licensee,
information disclosed by Licensee to Sun about the performance or
interoperability of Licensee's products with the Technology that, if
written, is clearly identified in writing as confidential, and if oral,
is identified as confidential at the time of disclosure and followed by
a written summary of the information within 30 days after disclosure,
but in any case, excludes Feedback (collectively "Licensee Confidential
Information"), and (b) with respect to Sun: (i) information that Sun
discloses to Licensee related to the Technology; (ii) the Technology
(including the capabilities, features and existence of the Technology);
(iii) any Feedback; (iv) any notes, extracts, analyses, or materials
prepared by Licensee which are copies of or derivative works of the
Technology, or from which the capabilities, features or existence of the
Technology can be derived; and (v) the terms of this Agreement
(collectively "Sun Confidential Information").
1.3 "Feedback" means all test results, error data, reports or other
information or materials made or other information or materials made or
provided to Sun by or on behalf of Licensee relating to the Technology,
and all comments, suggestions, enhancements, and any other forms of
feedback that Licensee may provide to Sun in the course of discussion,
evaluation or exchange of Sun Confidential Information under this
Agreement.
1.4 "Intellectual Property Rights" means worldwide common law and
statutory rights associated with: (i) patents and patent applications;
(ii) works of authorship, including mask work rights, copyrights, and
moral rights; (iii) protection of trade and industrial secrets and
confidential information; (iv) other proprietary rights relating to
intangible intellectual property (specifically excluding Sun
Trademarks); and (v) divisions, continuations, renewals, reissuances,
and extensions of the rights set forth above (as applicable).
1.5 "Licensed Software" means software in binary or source code forms,
including all machine readable materials, user manuals, programming
guides and other documentation, as provided to Licensee by Sun under
Exhibit A.
1.6 "Licensors" means Sun licensors that have licensed third party code
to Sun that is included in Technology.
1.7 "Programs" means JavaFX technology applications which (i) are not
created, used or distributed for commercial use; (ii) are not created,
used or distributed for use in a production environment; and (iii) are
created by Licensee using the Software.
1.8 "Pre-Release Technology" means all technology designated as
Pre-Release in Exhibit A.
1.9 "Source Technology" means program code provided to Licensee by Sun
in high-level computer language readable by humans skilled in the
language. Source Technology includes available related documentation
and tools, including comments, internal development tools and build
environments.
1.10 "Sun Confidential Information" means: (i) information that Sun
discloses to Licensee related to the Technology or marked as
confidential and disclosed under this Agreement; (ii) the Technology
(including the capabilities, features and existence of the Technology);
(iii) any Feedback; (iv) any notes, extracts, analyses, or materials
prepared by Licensee which are copies of or derivative works of the
Technology, or from which the capabilities, features or existence of the
Technology can be derived; and (v) the terms of this Agreement.
1.11 "Sun Trademarks" means all names, marks, logos, designs, trade
dress and other brand designations used by Sun.
1.12 "Technology" means all technology described in Exhibit A and
provided to Licensee by Sun under Agreement, including without
limitation, Licensed Software, documentation, Updates, and test suites.
1.13 "Updates" means subsequent releases, enhancements or error
corrections for the Technology as Sun may provide to Licensee from time
to time under this Agreement.
2. LIMITED LICENSES.
2.1 Evaluation License. Subject to and conditioned upon Licensee's
compliance with the conditions and restrictions set forth in this
Agreement, Sun grants to Licensee a personal, non-exclusive,
non-transferable, royalty-free and limited license to view the Source
Technology, if any, and to use other portions of the Technology
(including Binary Technology) internally solely for the purpose of
evaluation during the term of this Agreement.
2.2 Software Internal Use and Development License Grant. Subject to and
conditioned upon Licensee's compliance the conditions and restrictions
set forth in this Agreement, Sun grants you a personal, non-exclusive,
non-transferable, limited license without fees to reproduce internally
and use internally the Software complete and unmodified for the purpose
of designing, developing, and testing the Programs; provided, that and
specifically conditioned upon the following: (a) Licensee shall not (and
shall not authorize any third party to) create, use or distribute
Programs for commercial uses or in a production environment; (b)
Licensee shall not use the Software to create any software applications
or other materials other than the Programs; (c) you do not distribute
additional software intended to replace any component(s) of the
Software, (d) you do not remove or alter any proprietary legends or
notices contained in the Software, (e) you only distribute the Software
subject to a license agreement that protects Sun's interests consistent
with the terms contained in this Agreement, and (f) you agree to defend
and indemnify Sun and its licensors from and against any damages, costs,
liabilities, settlement amounts and/or expenses (including attorneys'
fees) incurred in connection with any claim, lawsuit or action by any
third party that arises or results from the use or distribution of any
and all Programs and/or Software.
3. RESTRICTIONS.
3.1 No license under this Agreement is granted to Licensee for any
purpose not specifically set forth in Section 2 (Limited Licenses) of
this Agreement. Except as otherwise provided by law, Licensee is not
authorized to modify, make derivative works of, disclose, distribute,
reverse engineer or disassemble the Technology, decompile binary
portions of the Technology, or otherwise attempt to derive source code
from such portions, or transfer the Technology to any third party or use
it in development activities.
3.2