The Harmonic AnalyzerTM
is a Java application and requires Sun Microsystems, Inc JavaTM
Runtime Environment (JRE) in order to operate. The JRE will be installed
during the installation process. Before you install the Harmonic AnalyzerTM
and the JRE, you must first read through and accept Sun Microsystems Binary
Code License Agreement (see below). If you accept the terms of the agreement
then click on the Accept button at
the bottom of this page and the Harmonic AnalyzerTM
Installer page will appear. If you do not accept the terms of the
agreement then click on the Decline
button at the bottom of this page and you will be returned to the Harmonic
Analyzer home page.
Sun Microsystems, Inc.
Binary Code License Agreement: READ THE TERMS OF THIS AGREEMENT AND
ANY PROVIDED SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY
BEFORE OPENING THE SOFTWARE MEDIA PACKAGE. BY OPENING THE
SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT.
IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE YOUR ACCEPTANCE
OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END OF
THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PROMPTLY RETURN
THE UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE FOR A REFUND OR,
IF THE SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE"
BUTTON AT THE END OF THIS AGREEMENT AND THE INSTALLATION PROCESS
WILL NOT CONTINUE.
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License to Use. Sun
Microsystems, Inc. ("Sun") grants you a non-exclusive and non-transferable
license for the internal use only of the accompanying software, documentation
and any error corrections provided by Sun (collectively "Software"),
by the number of users and the class of computer hardware for
which the corresponding fee has been paid.
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Restrictions. Software
is confidential and copyrighted. Title to Software and all associated intellectual
property rights is retained by Sun and/or its licensors.
Except as specifically authorized in any Supplemental License Terms, you may
not make copies of Software, other than a single copy of Software for
archival purposes. Unless enforcement is prohibited by applicable
law, you may not modify, decompile, or reverse engineer Software.
You acknowledge that Software is not designed, licensed
or intended for use in the design, construction, operation or maintenance
of any nuclear facility. Sun disclaims any express or implied warranty
of fitness for such uses. No right, title or interest in or
to any trademark, service mark, logo or trade name of Sun or its licensors
is granted under this Agreement.
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Limited Warranty. Sun
warrants to you that for a period of ninety (90) days from the date of purchase,
as evidenced by a copy of the receipt, the media on which Software
is furnished (if any) will be free of defects in materials and workmanship
under normal use. Except for the foregoing, Software is provided
"AS IS". Your exclusive remedy and Sun's entire liability
under this limited warranty will be at Sun's option to replace Software
media or refund the fee paid for Software.
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DISCLAIMER OF WARRANTY.
UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS
AND WARRANTIES,
INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT
ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE
HELD TO BE LEGALLY INVALID.
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LIMITATION OF LIABILITY.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS
BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT,
CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS
OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED
TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun's
liability to you, whether in contract, tort (including negligence),
or otherwise, exceed the amount paid by you for Software under this
Agreement. The foregoing limitations will apply even if the
above stated warranty fails of its essential purpose.
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Termination. This Agreement
is effective until terminated. You may terminate this Agreement at any
time by destroying all copies of Software. This Agreement will
terminate immediately without notice from Sun if you fail to comply with
any provision of this Agreement.
Upon Termination, you must destroy
all copies of Software. Export Regulations.
All Software and any technical data delivered under this Agreement are subject to
US export control laws and may be subject to export or import regulations
in other countries. You agree to comply strictly with all such laws
and regulations and acknowledge
that you have the responsibility to
obtain such licenses to export,
re-export, or import as may be required
after delivery to you.
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U.S. Government Restricted
Rights. If Software is being acquired by or on behalf of the U.S.
Government or by a U.S. Government prime contractor or subcontractor (at any
tier), then the Government's rights in Software and accompanying
documentation will be only as set forth in this Agreement; this is in
accordance with 48 C.F.R.227.7202-4 (for Department of Defense
(DOD) acquisitions) and with 48 C.F.R. 2.101 and 12.212 (for
non-DOD acquisitions).
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Governing Law. Any action
related to this Agreement will be governed by California law and controlling
U.S. federal law. No choice of law rules of any jurisdiction
will apply.
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Severability. If any
provision of this Agreement is held to be unenforceable, this Agreement will
remain in effect with the provision omitted, unless omission would frustrate
the intent of the parties, in which case this Agreement will immediately
terminate.
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Integration. This Agreement
is the entire agreement between you and Sun relating to its subject matter.
It supersedes all prior or contemporaneous oral or written communications,
proposals,
representations and warranties and
prevails over any conflicting or
additional terms of any quote, order,
acknowledgment, or other
communication between the parties
relating to its subject matter
during the term of this Agreement.
No modification of this Agreement will be binding, unless in writing
and signed by an authorized representative of each party.
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For inquiries please contact:
Sun Microsystems, Inc. 901 San Antonio
Road Palo Alto, California 94303
JAVA 2 RUNTIME ENVIRONMENT (J2RE),
VERSION 1.3.x
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SUPPLEMENTAL LICENSE TERMS
These supplemental license terms ("Supplemental
Terms") add to or
modify the terms of the Binary Code
License Agreement (collectively, the "Agreement"). Capitalized
terms not defined in these Supplemental Terms shall have the same meanings
ascribed to them in the Agreement. These Supplemental Terms shall supersede
any inconsistent or conflicting terms in the Agreement,
or in any license contained within the Software.
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1. Software Internal Use and
Development License Grant. Subject to the terms and conditions of this Agreement,
including, but not limited to Section 4 (Java(TM) Technology
Restrictions) of these Supplemental Terms, Sun grants you a non-exclusive,
non-transferable, limited license to reproduce internally and
use internally the binary form of the Software complete and unmodified
for the sole purpose of designing, developing and testing
your Java applets and applications intended to run on the Java platform
("Programs").
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2. License to Distribute Software.
Subject to the terms and
conditions of this Agreement, including,
but not limited to Section 4 (Java (TM) Technology Restrictions)
of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable,
limited license to
reproduce and distribute the Software
in binary code form only,
provided that (i) you distribute the
Software complete and unmodified and only bundled as part of, and for
the sole purpose of running, your Programs, (ii) the Programs add significant
and primary functionality to the Software, (iii) you do not
distribute additional software intended to replace any component(s)
of the Software, (iv) you do not remove or alter any proprietary legends
or notices contained in the Software, (v) you only distribute
the Software subject to a license agreement that protects Sun's interests
consistent with the terms contained in this Agreement, and (vi)
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.
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3. License to Distribute Redistributables.
Subject to the terms and conditions of this Agreement, including
but not limited to Section 4 (Java Technology Restrictions) of
these Supplemental Terms, Sun grants you a non-exclusive, non-transferable,
limited license to reproduce and distribute the binary form of
those files specifically identified as redistributable in the Software
"README" file ("Redistributables") provided that: (i) you distribute
the Redistributables complete and unmodified (unless otherwise specified
in the applicable README file), and only bundled as part of Programs,
(ii) you do not distribute additional software intended to supersede
any component(s) of the Redistributables, (iii) you do not
remove or alter any proprietary legends or notices contained in or
on the Redistributables, (iv) you only distribute the Redistributables
pursuant to a license agreement that protects Sun's interests consistent
with the terms contained in
the Agreement, and (v) 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.
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4. Java Technology Restrictions.
You may not modify the Java
Platform Interface ("JPI", identified
as classes contained within the "java" package or any subpackages
of the "java" package), by creating additional classes within the JPI
or otherwise causing the addition to or modification of the classes in
the JPI. In the event that you create an additional class and associated
API(s) which (i) extends the functionality of the Java platform,
and (ii) is exposed to third party software developers for the purpose
of developing additional software which invokes such additional API,
you must promptly publish broadly an accurate specification for such
API for free use by all developers. You may not create, or authorize your
licensees to create, additional classes, interfaces, or subpackages
that are in any way identified as "java", "javax", "sun" or similar
convention as specified by Sun in any naming convention designation.
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5. Trademarks and Logos.
You acknowledge and agree as between you
and Sun that Sun owns the SUN, SOLARIS,
JAVA, JINI, FORTE, and iPLANET trademarks and all SUN, SOLARIS, JAVA,
JINI, FORTE, and
iPLANET-related trademarks, service
marks, logos and other brand
designations ("Sun Marks"), and you
agree to comply with the Sun
Trademark and Logo Usage Requirements
currently located at
http://www.sun.com/policies/trademarks.
Any use you make of the Sun Marks inures to Sun's benefit.
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6. Source Code. Software
may contain source code that is provided
solely for reference purposes pursuant
to the terms of this Agreement. Source code may not be redistributed
unless expressly provided for in this Agreement.
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7. Termination for Infringement.
Either party may terminate this
Agreement immediately should any Software
become, or in either party's opinion be likely to become, the subject
of a claim of infringement of any intellectual property right.
For inquiries please contact:
Sun Microsystems, Inc. 901 San Antonio Road, Palo Alto, California 94303
(LFI#90956/Form ID#011801)
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