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- LICENSE GRANT
- BISS GmbH grants you (Licensee) a non-transferable,
non-exclusive, royalty-free, limited license to use a copy of the
BISS AWT for Java Source and Binary Code (Licensed Software),
including the right to distribute verbatim copies of the Licensed
Software, provided that you publish on each copy an appropriate copyright
notice and disclaimer of warranty and limitation of liability; also
a copy of this copyright notice must be included and distributed with
each copy of the Licensed Software. You may also modify and distribute
portions of Licensed Software provided that you distribute the whole
of the work to third parties under the terms of this license at no
cost.
- If you modify the source code or any other portions of the Licensed
Software, you must place an appropriate notice in every changed file
and clearly mark all changes to the source code at the respective
places. If such modifications are sent back to BISS GmbH, and BISS
GmbH, in its sole discretion, makes avaliable upgrades to the Licensed
Software, these modifications may be implemented in these upgrades.
- BISS GmbH is under no obligation to provide maintenance or support
for the Licensed Software or to notify you of updates or upgrades.
You may execute a commercial license agreement with BISS GmbH to receive
full commercial grade support for Licensed Software.
- If you distribute Licensed Software, it must be distributed as a whole
with all source files, binaries and other files that came with the
original package. If parts of Licensed Software are incorporated in
applications where the distribution of source code is not required,
the source code part of Licensed Software may be omitted from such
distribution and only the required binaries may be included. In this
case you must include a text in the sign-on message or information
window of the software clearly stating that parts of the application
are built using Licensed Software (Built using BISS AWT for
Java). In any case this license agreement must be included
with such distribution.
- Work based on Licensed Software (e.g. applications using BISS AWT
classes like browsers, editors, word processors, etc.) does not fall
under this license agreement and may be distributed under the terms
of your choice.
- COPYRIGHT
- The Licensed Software is copyrighted by BISS GmbH. You shall reproduce
and apply any copyright or other proprietary rights notices included
on or embedded in Licensed Software to any copies of Licensed Software
or derived binaries, in whole or in part, in any form.
- If Licensed Software is made available electronically (e.g. via the
Internet) in its original or modified form, a notice must be included
as of where to find the original form of Licensed Software (e.g. a
link to BISS' Home Page).
- FEES
- Use of Licensed Software in accordance with the terms of this license
shall not require payment of a license fee.
- TERMS AND TERMINATION
- Since you are not required to sign this license it shall commence
on the date you start using Licensed Software whereby you accept this
license.
- The license terminates immediately, if you fail to comply with any
of the terms or conditions of this license. Upon termination, use
of Licensed Software by you, including use of all modifications made
by you shall be immediately discontinued, all copies of Licensed Software
shall be destroyed by you, and the license granted to you hereunder
shall expire.
- DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
- SINCE LICENSED SOFTWARE IS LICENSED FREE OF CHARGE IT IS PROVIDED
AS IS AND THERE IS NO WARRANTY OF ANY KIND. YOU ACCEPT
ALL RISKS AND LIABILITIES ASSOCIATED WITH ITS USE OF LICENSED SOFTWARE.
- BISS GMBH DOES NOT MAKE AND HEREBY DISCLAIMS ANY EXPRESS OR IMPLIED
WARRANTIES RELATING TO THE LICENSED SOFTWARE, INCLUDING BUT NOT LIMITED
TO, WARRANTIES OR NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE, OR ANY WARRANTIES THAT MIGHT ARISE FROM A COURSE
OF DEALING, USAGE OR TRADE PRACTICE. THE ENTIRE RISK AS TO THE QUALITY
AND PERFORMANCE OF LICENSED SOFTWARE IS WITH YOU. SHOULD LICENSED
SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION.
- IN NO EVENT WILL BISS GMBH BE LIABLE FOR ANY LOST REVENUES, DATA,
OR PROFITS, OR DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL
DAMAGES, EVEN IF BISS GMBH HAS BEEN ADVISED OF THE POSSIBILITY OR
PROBABILITY OF SUCH DAMAGES.
- LICENSED SOFTWARE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED, MANUFACTURED
OR INTENDED FOR USE IN ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS
REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR
FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC
CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPON SYSTEMS, IN WHICH
THE FAILURE OF LICENSED SOFTWARE OR DERIVED BINARIES COULD LEAD DIRECTLY
TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE
(HIGH RISK ACTIVITIES). BISS GMBH SPECIFICALLY DISCLAIMS
ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.
YOU MUST NOT USE, DISTRIBUTE OR OTHERWISE MAKE AVAILABLE LICENSED
SOFTWARE OR DERIVED BINARIES FOR HIGH RISK ACTIVITIES.
- GOVERNING LAW
- Any action related to this license will be governed by German law,
excluding choice of law rules.
BISS GmbH Chaukenweg 12 D-26388 Wilhelmshaven Germany
BISS AWT International License Agreement March 1st,
1997
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James Hughes
Sat Jun 7 10:31:42 EDT 1997