Evaluation License Agreement for the text2gui Library

IMPORTANT -- READ CAREFULLY: This Evaluation License Agreement ("ELA") is a legal agreement between you (either an individual or a single entity) and Jeffrey C. H. Tsay ("TSAY"), for the evaluation version of the text2gui library, which may include Sun Microsystems, Inc. Java Technologies (TM) computer software or "online" or electronic documentation ("SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE, you agree to be bound be the terms of the ELA. If you do not agree to any part of the ELA, or wish not to be bound by the ELA, you may not copy, install, or use the SOFTWARE for any purpose.

This ALA shall not apply to third-party libraries distributed with the SOFTWARE in the lib directory. The rights to use, copy, and distribute such libraries may require notices and/or additional terms and conditions. Such required third party software notices and/or additional terms and conditions are located in the lib directory and are made a part of and incorporated by reference into this ELA. By accepting this ELA, you are also accepting the additional terms and conditions, if any, set forth therein.

Also, this ALA shall not apply to the contents of the src, demo, or examples directories.

I. 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. This ELA grants you the following rights:
    1. TSAY grants you (an individual developer) a non-exclusive, non-transferable license to make use of the SOFTWARE on one or more computers at one time, for the sole purpose of evaluating the suitability of a non-evaluation version of the SOFTWARE for the development of Java applets, applications, servlets, Enterprise JavaBeans, or other Java components ("JAVA SOFTWARE"), subject to the terms and conditions of this agreement. In the course of the evaluation process, you may use the SOFTWARE to perform tasks related to the implementation of JAVA SOFTWARE.
    2. Storage/network use. You may store, install, and use an unlimited number of copies of the SOFTWARE on media or servers internal to your organization, provided that all such copies shall bear the original and unmodified copyright, patent and other intellectual property markings that appear on or in the SOFTWARE. You may not make copies of the SOFTWARE accessible to others outside your organization.
    3. You agree that TSAY may audit your use of the SOFTWARE for compliance with these terms at any time, upon reasonable notice. In the event that such audit reveals any use of the SOFTWARE by you other than in full compliance with the terms of this ELA, you shall reimburse TSAY for all reasonable expenses related to such audit in addition to any other liabilities you may incur as a result of such non-compliance.
  2. LIMITATIONS
    1. No distribution. You may not copy or embed any portion of the SOFTWARE in your software products, or in any other way resell, distribute or transfer the SOFTWARE or any portions of it outside your organization.
    2. Fair use. If your software uses any version of the text2gui library, you must license or otherwise obtain rights to a non-evaluation version of the text2gui library before distributing or transferring your software (in any form) outside your organization. This limitation does not apply to code snippets (not to exceed 3000 characters, excluding comments) written for the sole purposes of demonstrating and/or explaining the functionality of the text2gui library.
    3. Limitations on Reverse Engineering, Decompilation, and Deassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
    4. No Modification. You may not make additions or deletions to any directory or modifications to any file included in the SOFTWARE, except those in the src, demo, or examples directories. You may not create derivative works based upon the SOFTWARE.
    5. You shall not use the SOFTWARE to develop any software or other technology having the same primary function as the SOFTWARE, including but not limited to using the SOFTWARE in any development or test procedure that seeks to develop like software or other technology, or to determine if such software or other technology performs in a similar manner as the SOFTWARE.
    6. Rental. You may not sell, rent, lease, or sublicense the SOFTWARE.
    7. Termination. Without prejudice to any other rights, TSAY may terminate this ELA at any time. In such event, you shall follow the procedures and be bound by the conditions set forth in section I.3.b.
  3. TERM AND TERMINATION
    1. Term. The Term of this ELA shall commence as of the date of first acquisition of the SOFTWARE by you and continue for a period of sixty (60) days. This ELA shall automatically terminate at the end of this period. You may earlier terminate this ELA at any time. Notwithstanding any provision of this ELA to the contrary, once you have installed and used the SOFTWARE hereunder, upon expiration of the Term, you may not receive
      another evaluation license for the same version of the SOFTWARE previously evaluated hereunder for the remainder of your lifetime. This restriction shall not apply to any newer versions of the SOFTWARE as are subsequently developed.
    2. Actions upon Termination. Upon termination, expiration, or cancellation of this ELA for any reason, you shall destroy all copies of the SOFTWARE in your possession or control. Immediately upon termination, expiration, or cancellation of this ELA for any reason, your right to the SOFTWARE hereunder shall cease, the Evaluation License granted hereunder shall terminate, and you shall immediately discontinue any and all use of the SOFTWARE. All provisions of this ELA which by their nature are intended to survive the expiration or termination of this ELA shall survive and remain in full force and effect.
II. ACKNOWLEDGEMENT AND RESERVATION OF RIGHTS

You acknowledge and agree that TSAY owns all intellectual property and other proprietary rights in and to the SOFTWARE, including, without limitation, all trademarks, service marks and tradenames associated with the SOFTWARE. Furthermore, You acknowledge and agree that this ELA does not and shall not be construed to transfer to you any express or implied license to TSAY's intellectual property or other proprietary rights, except as expressly set forth herein. All rights not expressly granted herein are reserved to TSAY, including the right to make use of any and all trademarks, service marks and/or tradenames associated with the SOFTWARE.

The SOFTWARE is protected by copyright laws and international treaty provisions. Therefore you must treat the SOFTWARE like any other copyrighted material except according to the rights specifically granted to you by this ELA.

III. NON-COMPETITION

You shall not use all or any part of the SOFTWARE, or any ideas, concepts, technology, know-how or other information embodied within or learned from the SOFTWARE in any manner in competition with TSAY for a period of two (2) years following the expiration or termination of this ELA.

IV. SUPPORT SERVICES

TSAY may provide you support services related to the SOFTWARE ("SUPPORT SERVICES"), although TSAY is under no obligation to do so. Use of SUPPORT SERVICES is governed by the policies described in "online" documentation or other materials provided by TSAY. Any supplemental software code provided to you as part of SUPPORT SERVICES shall be considered part of the SOFTWARE and subject to the terms and conditions of this ELA. With respect to technical information you provide, including source code, TSAY may use such information for its business purposes, including for product support and development. TSAY will not utilize such technical information in a form that personally identifies you.

V. NO WARRANTY

YOU ACKNOWLEDGE THAT THE SOFTWARE IS PROVIDED TO YOU FOR EVALUATION PURPOSES ONLY. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TSAY DOES NOT WARRANT THAT THE SOFTWARE WILL BE BUG-FREE OR FREE FROM PROGRAM ERRORS. TSAY DOES NOT MAKE ANY REPRESENTATIONS REGARDING THE SOFTWARE AND DOES NOT MAKE ANY WARRANTY REGARDING THE USE, INSTALLATION, OR THE RESULTS OF THE USE OF THE SOFTWARE. YOU ARE SOLELY RESPONSIBLE FOR YOUR INSTALLATION AND USE OF THE SOFTWARE AND DO SO AT YOUR SOLE RISK.

VI. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL TSAY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THE INSTALLATION, USE, OR INABILITY TO USE, THE SOFTWARE (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS, DISRUPTION OF BUSINESS, LOSS OF PROFITS, OR ANY OTHER MATTER RELATING TO YOUR USE OR INABILITY TO USE THE SOFTWARE) OR RELATED IN ANY WAY TO THIS ELA OR THE SUBJECT THEREOF, WHETHER ARISING UNDER THEORIES OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR OTHER THEORY, REGARDLESS WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SET FORTH IN THIS SECTION VI SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NO OBLIGATION OR LIABILITY SHALL ARISE FROM TSAY’S RENDERING OF TECHNICAL OR OTHER ADVICE OR SERVICE IN CONNECTION WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ADVICE OR SERVICE RELATED TO THE INSTALLATION OR CONFIGURATION OF THE SOFTWARE. SOME STATES AND JURISDICTIONS DO NOT ALLOW EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND SO THE ABOVE LIMITS AND EXCLUSIONS MAY NOT APPLY TO YOU OR MAY BE LIMITED BY LAW.

VII. INDEMNIFICATION

You shall indemnify, defend, and hold harmless TSAY, and his employees, agents, successors and assigns from and against any and all claims, expenses, losses, damages, costs, liabilities and judgments, including without limitation reasonable attorneys’ fees and expenses, arising out of or relating to any claim, charge, suit, or threat of any kind by any third party resulting from or related to your use or misuse of the SOFTWARE, failure to abide by the terms of this ELA, or violation of any applicable law.

VIII. MISCELLANEOUS PROVISIONS
  1. SEVERABILITY. The provisions of this ELA are severable. If any provision of this ELA is held to be invalid, illegal, or unenforceable, such provision is to that extent to be deemed omitted and not part of this ELA. The validity, legality, or enforceability of the remaining provisions shall in no way be affected or impaired thereby and shall be valid and enforceable to the maximum extent permitted by law.
  2. ASSIGNMENT. This ELA shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. Notwithstanding the foregoing, you shall not assign, sublicense, or otherwise transfer all or any part of this ELA without the prior written consent of TSAY.
  3. GOVERNING LAW AND FORUM CHOICE. This ELA shall be construed as having been made in, and shall be governed in accordance with, the laws of the State of California, without regard to that state's choice of law rules or conflict of law provisions. You agree that both venue and personal jurisdiction over you shall be proper in any state or federal court in San Diego County for purposes of any disputes arising out of or related in any way to this ELA, and you hereby irrevocably consent to the jurisdiction of such courts.
  4. INJUNCTIVE RELIEF. You acknowledge and agree that monetary damages alone would not be an adequate remedy in the event of a material breach by you of your obligations under this ELA and that, in such event, TSAY shall be entitled to injunctive relief to require you to comply with your obligations hereunder.
  5. EXPORT RESTRICTIONS. You shall not export or re-export the SOFTWARE, or any part thereof, or any process or service that is the direct product of the SOFTWARE (collectively the "RESTRICTED COMPONENTS"), to any country, person, or entity subject to United States export restrictions. You represent and warrant that neither the U.S. Bureau of Industry and Security or its predecessor, nor any other U.S. federal agency, has suspended, revoked, or denied your export privileges. You shall not export or re-export any of the RESTRICTED COMPONENTS:
    1. To any country to which the U.S. has embargoed or restricted the export of goods or services, or to any national of any such country, wherever located, who intends to transmit or transport the RESTRICTED COMPONENTS to such country;
    2. To any person or entity who has been prohibited from participating in U.S. export transactions by any agency of the U.S. government; or
    3. Otherwise in violation of applicable law.
  6. US GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE is provided with RESTRICTED AND LIMITED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in FAR 52.227-14, Alternate III(g)(3), FAR 52.227-19(c), or DFARS 252.227-7013(c)(1)(ii), as applicable.
  7. ENTIRE AGREEMENT. This ELA constitutes the exclusive and entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior agreements, negotiations, representations and proposals, written or oral, relating to the subject matter hereof.
  8. MODIFICATION AND WAIVER. No modification of this ELA and no waiver of any breach of this ELA shall be effective unless in writing and signed by an authorized representative of the party against whom enforcement is sought. No waiver of any breach of this ELA and no course of dealing between the parties shall be construed as a waiver of any subsequent breach of this ELA. The failure of either party at any time or times to require performance of any provision hereof shall in no manner affect the right at a later time to enforce such provision.