resolver-1_1_nb.jar Based on Sun's XML Resolver 1.0 Software License Agreement

SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE XML ENTITY AND URI RESOLVERS, VERSION 1.0 SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT ("AGREEMENT"). PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY. BY INSTALLING THIS SOFTWARE, YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY ITS TERMS, SELECT THE "DECLINE" BUTTON AT THE BOTTOM OF THIS PAGE AND THE INSTALLATION PROCESS WILL NOT CONTINUE.

1.0 DEFINITIONS

"Licensed Software" means the XML Entity and URI Resolvers, Version 1.0 Software, any other machine readable materials (including, but not limited to, libraries, source files, header files, and data files) and any user manuals, programming guides and other documentation provided to you by Sun under this Agreement.

2.0 LIMITED LICENSE

2.1 Sun grants to you, a non-exclusive, non-transferable, royalty-free and limited license to reproduce, modify, and create derivative works of the Licensed Software for the sole purpose of adding value and improving the Licensed Software for the development of applications ("Programs").

2.2 In addition to the license granted in Section 2.1, Sun grants to you, a non-exclusive, non-transferable, royalty-free and limited license to distribute the Licensed Software modified by you as permitted in Section 2.1 ("Modified Software") in source or binary form, provided that; (i) the Modified Software is only distributed bundled as a part of your Programs, (ii) the Modified Software improves on and adds value to the Licensed Software, (iii) you do not remove any proprietary legends or notices contained in the Software, (iv) the Programs are only distributed subject to a license agreement that protects Sun's interests consistent with the terms and conditions contained in this 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 Modified Software and/or Licensed Software.

3.0 LICENSE RESTRICTIONS

3.1 You agree to reproduce any copyright and other proprietary right notices on any such copy.

3.2 Except as otherwise provided by Section 2.0, you may not modify or create derivative works of the Licensed Software, or reverse engineer, disassemble or decompile binary portions of the Licensed Software, or otherwise attempt to derive the source code from such portions.

3.3 No right, title, or interest in or to Licensed Software, any trademarks, service marks, or trade names of Sun or Sun's licensors is granted under this Agreement.

4.0 NO SUPPORT Sun is under no obligation to support Licensed Software or to provide you with updates or error corrections (collectively "Software Updates"). If Sun at its sole option, supplies Software Updates to you, the Software Updates will be considered part of Licensed Software, and subject to the terms of this Agreement.

5.0 TERM AND TERMINATION OF AGREEMENT

5.1 You may terminate this Agreement at any time by destroying all copies of Software.

5.2 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.

5.3 This Agreement will terminate immediately without notice from Sun if the you fail to comply with any provision of this Agreement.

5.4 Upon termination or expiration of this Agreement, you shall immediately cease use of and destroy Licensed Software and any copies thereof.

5.5 Rights and obligations under this Agreement which by their nature should survive, will remain in effect after termination or expiration hereof.

6.0 DISCLAIMER OF WARRANTY

6.1 Licensee acknowledges that Licensed Software may contain errors and is not designed or intended for use in the design, construction, operation or maintenance of any nuclear facility ("High Risk Activities"). Sun disclaims any express or implied warranty of fitness for such uses. You represent and warrant to Sun that you will not use, distribute or license the Licensed Software for High Risk Activities.

6.2 LICENSED SOFTWARE IS PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

7.0 LIMITATION OF LIABILITY

7.1 You acknowledge that the Licensed Software is experimental. You acknowledge that the Licensed Software may have defects or deficiencies which cannot or will not be corrected by Sun. You will hold Sun harmless from any claims based on your use or inability to use the Licensed Software for any purpose, and from any claims that later versions or releases of any Licensed Software furnished to you are incompatible with the Licensed Software provided to you under this Agreement.

7.2 You shall have the sole responsibility to protect adequately and backup your data and/or equipment used in connection with the Licensed Software. You shall not claim against Sun for lost data, re-run time, inaccurate output, work delays or lost profits resulting from your use of the Licensed Software.

7.3 In no event will Sun be liable for any indirect, punitive, special, incidental or consequential damage in connection with or arising out of this Agreement (including loss of business, revenue, profits, use, data or other economic advantage), however it arises, whether for breach or in tort, even if that Sun has been previously advised of the possibility of such damage.

8.0 U.S. GOVERNMENT RIGHTS If this 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 the Software and accompanying documentation shall be only as set forth in this license; this is in accordance with 48 C.F.R. 227.7201 through 227.7202-4 (for Department of Defense (DoD) acquisitions) and with 48 C.F.R. 2.101 and 12.212 (for non-DoD acquisitions).

9.0 GENERAL TERMS

9.1 Any action related to this Agreement will be governed by California law and controlling U.S. federal law. The U.N. Convention for the International Sale of Goods and the choice of law rules of any jurisdiction will not apply.

9.2 Licensed Software and technical data delivered under this Agreement are subject to U.S. 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.

9.3 Neither party may assign or otherwise transfer any of its rights or obligations under this Agreement, without the prior written consent of the other party, except that Sun may assign this Agreement to an affiliated company.

9.4 This Agreement is the parties' entire agreement relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, conditions, 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 to this Agreement will be binding, unless in writing and signed by an authorized representative of each party.