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:

  1. Use the Software on a single computer for purposes of developing application programs or using the spreadsheet application. You may ship applications on media or publish on an Internet or Intranet server only if you have purchased an Intranet Usage License, an Internet Usage License, and/or a Distribution License as required. The Software is "in use" on a computer when it is loaded into temporary memory or installed into permanent memory of such computer. You must have a separate User License for each computer used (total number of users, not concurrent users) for developing applications programs or running the standalone application. Application programs include but are not limited to applications, applets and HTML pages.
  2. Make one copy of the Software for backup or archival purposes or copy the Software to a single permanent storage medium provided you keep the original solely for backup or archival purposes.
  3. Combine the run time portion of the Software with your software program for use subject to the restrictions set forth in Subparagraph (1) above and the Copyright Requirements paragraph below. Any portion of the Software distributed with your program will continue to be subject to the terms and conditions of this License. You must reproduce and include the Tidestone Technologies copyright notice on any copy or merged portion of the Software. (See Copyright Requirements below).
  4. For a User License, permanently transfer the Software together with this License to another party, but only if the other party agrees to accept the terms and conditions of this Agreement. If you transfer the Software and License, you must at the same time notify Tidestone Technologies of the name and address of the transferee. You also must either transfer all copies, merged portions, upgrades and prior versions of the Software, together with all Software documentation, to the same party or destroy those not transferred. Any such transfer terminates your License. (The term expressed in this paragraph (4) does not apply to an Internet License or a Distribution License, which are not transferable.)

PROHIBITED USES - YOU MAY NOT:

  1. Loan or rent the software or software documentation.
  2. Otherwise transfer or use, copy, or merge the software, in whole or in part, except as expressly permitted in this license.
  3. Modify, decompile, disassemble, reverse engineer or translate the software.
  4. Reproduce, modify or translate the software documentation.
  5. Remove any proprietary notices, labels or marks on the software or software documentation.
  6. Develop or distribute applications that provide direct access to the software's programming interface.
  7. Bundle the software in a development environment.
  8. Use the software to create an application that is similar in function to the JavaBean.
  9. Develop and/or distribute a standalone spreadsheet, based upon the software.
  10. Develop and/or distribute an application development tool based upon the software.
  11. Ship with any application or with any instances over the Web a portion of the files contained in a formula one for java .jar file. The .jar file must ship intact with all the class files it contained when originally obtained from Tidestone Technologies.
  12. Transfer an Internet or distribution license from one person to another. Internet licenses and distribution licenses are non-transferable.

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.
7/98

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


Tidestone Technologies(TM), Tidestone(R) and Tidestone Technologies product names are trademarks of Tidestone Technologies, Inc.

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.