TIDESTONE TECHNOLOGIES FORMULA ONE FOR JAVA
License Agreement and Limited Warranty
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. YOUR USE OF THIS SOFTWARE PACKAGE INDICATES YOUR ACCEPTANCE OF THEM. EACH SOFTWARE PRODUCT IS A PROPRIETARY PRODUCT OF TIDESTONE TECHNOLOGIES, INC., AND IS PROTECTED BY COPYRIGHT LAWS. TITLE TO THE SOFTWARE SHALL AT ALL TIMES REMAIN WITH TIDESTONE TECHNOLOGIES. TIDESTONE TECHNOLOGIES LICENSES THE SOFTWARE TO YOU FOR YOUR USE STRICTLY IN ACCORDANCE WITH THE FOLLOWING TERMS AND CONDITIONS. THIS AGREEMENT SUPERSEDES ANY PREVIOUS AGREEMENTS WITH TIDESTONE TECHNOLOGIES REGARDING FORMULA ONE FOR JAVA.
LICENSES DEFINED
The following definitions apply to the licenses referred to in this license agreement:
LICENSE - YOU MAY:
PROHIBITED USES - YOU MAY NOT:
IF YOU DO ANY OF THE PRECEEDING, YOUR LICENSE AND THIS AGREEMENT ARE TERMINATED. SUCH TERMINATION SHALL BE IN ADDITION TO AND NOT IN LIEU OF ANY CRIMINAL, CIVIL, OR OTHER REMEDIES AVAILABLE TO TIDESTONE TECHNOLOGIES.
COPYRIGHT REQUIREMENTS
An application must include proper copyright notification for the Software. The copyright notice must be included with any copyright notice for the including application. The copyright notification must be worded similar to the following: "This product contains Formula One for Java from Tidestone Technologies. A User License from Tidestone Technologies is required before it can be used for development purposes. Copyright © 1998. All rights reserved."
TERM
You may terminate your License and this Agreement at anytime by destroying the Software and Software documentation together with all copies in any form. The License and Agreement will also terminate automatically if you fail to comply with any term or condition of this Agreement, in which event you agree to destroy the Software and Software documentation together with all copies in any form, and to provide us upon our request with written certification of such destruction.
LIMITED WARRANTY/LIMITATION OF REMEDIES
Except as specifically stated in this agreement, the software and online documentation is provided and licensed "as is" without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
Tidestone Technologies warrants for a period of 90 days from the date of delivery to you that the Software will substantially conform to the Software documentation and specifications published by Tidestone Technologies. Tidestone Technologies does not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be either error free or appear precisely as described in the documentation. You are responsible for selecting the Software to achieve your intended results and for the installation, use and results obtained from the Software. The Software must be used with the specified hardware and operating system and according to the Software documentation.
IN NO EVENT WILL TIDESTONE TECHNOLOGIES BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS OR REVENUES, LOSS OF DATA, BUSINESS INTERRUPTION LOSS, RECOVERY OR SUBSTITUTION COSTS, OR CLAIMS BY THIRD PARTIES, OR OTHER INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF TIDESTONE TECHNOLOGIES OR A TIDESTONE TECHNOLOGIES DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL TIDESTONE TECHNOLOGIES’ LIABILITY EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY YOU FOR THE SOFTWARE.
This limited warranty gives you specific legal rights. Some jurisdictions provide other rights, and some jurisdictions do not allow the exclusion or limitation of implied warranties or limitation of liability for incidental or consequential damages. As a result, the above limitations and/or exclusions may not apply to you.
JAVA RUNTIME ENVIRONMENT
When installing the Software for Windows, Sun’s Java Runtime Environment software (JRE) is included and will be installed on your system by the Windows installer when required. When it is installed, you are subject to the terms and conditions of Sun’s license agreement for the JRE. Sun’s license agreement for the JRE can be found in the file Sunlicen.txt, which is installed with the Software, or at
http://java.sun.com/products/jdk/1.1/jre/LICENSE.
U.S. GOVERNMENT RESTRICTED RIGHTS
The Software and Software documentation are provided with Restricted and Limited Rights. Use, duplication or disclosure by the Government is subject to restrictions as set forth in DFAR §252.227-7013(c)(1)(ii) or FAR §52.227-19, as applicable, and additional restrictions set forth in this Agreement. Contractor/ Manufacturer is Tidestone Technologies, Inc., 12980 Metcalf Ave., Suite 300, Overland Park, Kansas 66213.
GENERAL
The laws of the State of Kansas govern this Agreement. The prevailing party in any action or proceeding brought in connection with a breach of this Agreement will be entitled to reimbursement by the other party for costs and reasonable attorneys' fees.
Any questions concerning this Agreement should be referred in writing to Tidestone Technologies at 12980 Metcalf Ave., Suite 300, Overland Park, Kansas 66213.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, AND BY LOADING THIS SOFTWARE INDICATE YOUR ACCEPTANCE OF ITS TERMS AND CONDITIONS. THE PARTIES ALSO AGREE THAT IT IS THE COMPLETE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PRIOR INFORMATION OR REPRESENTATIONS YOU RECEIVED RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. NO TIDESTONE TECHNOLOGIES DEALER, DISTRIBUTOR REPRESENTATIVE OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS OR ADDITIONS TO THIS AGREEMENT.
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COMPANY HEADQUARTERS
Tidestone Technologies, Inc.
12980 Metcalf Ave., Suite 300
Overland Park, KS 66213
(913) 851-2200
EUROPEAN HEADQUARTERS
Lenexa House
11 Eldon Way
Paddock Wood
Kent, UK TN12 6BE
+44 1892 834343
www.tidestone.com •
www.f1j.com
All other trademarks are property of their respective owners. ® indicates registration in the United States.
Copyright © 1998 Tidestone Technologies, Inc. All rights reserved. Printed in the USA. Specifications subject to change without notice.