You are on page 1of 9

================================================================================ ========================================================== IMPORTANT-READ CAREFULLY BEFORE USING THIS PRODUCT LICENSE AGREEMENT AND LIMITED WARRANTY -------------------------------------BY INSTALLING

OR USING THE SOFTWARE OR OTHER ELECTRONIC CONTENT INCLUDED WITH THIS AGREEMENT YOU ACCEPT THE TERMS OF THIS LICENSE WITH CITY INTERACTIVE S.A. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND YOU ARE ALSO THE ORIGINAL LICENSEE OF THIS PRODUCT ("ORIGINAL LICENSEE"), PROMPTLY RETURN THE PRODUCT TOGETHER WITH ALL ACCOMPANYING ITEMS TO YOUR DEALER FOR A FULL REFUND. THIS IS THE ENTIRE AGREEMENT BETWEEN THE PARTIES RELATING TO THIS PRODUCT AND SUPERSEDES ANY PURCHASE ORDER, COMMUNICATION, ADVERTISING OR REPRESENTATION CONCERNING THE PRODUCT. NO CHANGE OR MODIFICATION OF THIS LICENSE WILL BE VALID UNLESS IT IS IN WRITING AND IS SIGNED BY CITY INTERACTIVE. LIMITED USE LICENSE. City Interactive grant you the right to use one copy of the accompanying product (the "Program") for your personal use only. This license, and the restrictions in this agreement, cover both the computer programs ("Software") and the other electronic content ("Content") of the accompanying product. All rights not expressly granted are reserved by City Interactive. This License does not constitute a sale and does not authorize a sale of the Program or anything created thereby. You must treat the Program and associated materials and any elements thereof like any other copyrighted material (e.g., a book or musical recording). In the event you fail to comply with any of the terms or conditions of this license, your rights to use the Program will end, you shall stop using the Program, remove the Program from your computer, and permanently erase all copies of the Program. You may be held legally responsible for any copyright infringement that is caused or encouraged by your failure to abide by the terms of this license. YOU MAY NOT: * Use the Program or permit use of the Program on more than one computer, computer terminal or workstation at the same time. * Make copies of the materials accompanying the Program or make copies of the Program or any part thereof. * Except as permitted by the Program, copy the Program onto a hard drive or other device and you must run the Program from the CD-ROM (although the Program itself may copy a portion of the Program onto your hard drive during installation in order to run more efficiently). * Use the Program or permit use of the Program in a network or other multi-user arrangement or on an electronic bulletin board system or other remote access arrangement, or store it in a retrieval system or translate it into any other language. * Rent, lease, license or otherwise transfer this Program without the express written consent of City Interactive, except that you may transfer the complete Program copy and accompanying materials on a permanent basis, provided that no copies are retained and the recipient agrees to the terms of this Agreement. * Reverse engineer, decompile, disassemble or create derivative works of the Software. YOU MAY NOT MODIFY, TRANSLATE, DISASSEMBLE OR DECOMPILE THE SOFTWARE OR ANY

COPY, IN WHOLE OR IN PART. * Publicly perform or publicly display this Program. * Use any of the content for any commercial purposes or any purpose other than for incorporation into projects produced with the Software for home entertainment, personal and educational purposes except as outlined herein. LIMITED WARRANTY. City Interactive warrants to the Original Licensee only, that the Program shall be substantially free from defects in materials and workmanship for ninety (90) days from the date of purchase. If within 90 days of purchase the media proves to be defective in any way, you may return the media to City Interactive, ul. Zupnicza 17, 03-821 Warsaw, Poland. Please include a copy of your sales receipt, packaging slip or invoice, along with a brief note of explanation as to why you are returning the Program. EXCLUSIVE REMEDY. The Original Licensee's exclusive remedy for the breach of this License shall be, at City Interactive 's option, either (a) the repair or replacement of the Program that does not meet City Interactive 's Limited Warranty and which is returned to City Interactive with a copy of your receipt; or (b) a refund of the price, if any, which you paid for the Program and associated materials. This Limited Warranty is void if the failure of the Program has resulted from accident, abuse, misapplication or use of the Program with incompatible hardware. NO OTHER WARRANTIES. CITY INTERACTIVE, DISCLAIM ALL WARRANTIES WITH RESPECT TO THE PROGRAM AND ACCOMPANYING MATERIALS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. DEPENDING UPON WHERE YOU LIVE, YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE/COUNTRY TO STATE/COUNTRY. CITY INTERACTIVE WARRANTS ONLY THAT THE PROGRAM WILL PERFORM AS DESCRIBED IN THE USER DOCUMENTATION. LIMITATIONS ON DAMAGES. IN NO EVENT SHALL CITY INTERACTIVE BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE THE PROGRAM OR PROGRAM PACKAGE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THEY SHALL NOT BE RESPONSIBLE OR LIABLE FOR LOST PROFITS OR REVENUES, OR FOR DAMAGES OR COSTS INCURRED AS A RESULT OF LOSS OF TIME, DATA OR USE OF THE SOFTWARE, OR FROM ANY OTHER CAUSE. THEIR LIABILITY SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE LICENSE TO USE THE PROGRAM. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. EXPORT RESTRICTIONS. You may not export or reexport the Software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. This License and your right to use the Program in any manner will terminate automatically if you violate or fail to comply with any part of this Agreement. Information in this Agreement is subject to change without notice and does not represent a commitment on the part of City Interactive S.A. SAVE THIS LICENSE FOR FUTURE REFERENCE ================================================================================

========================================================== MICROSOFT DirectX 9.0c ---------------------SUPPLEMENTAL END USER LICENSE AGREEMENT FOR MICROSOFT SOFTWARE ("Supplemental EU LA") IMPORTANT: READ CAREFULLY - These Microsoft Corporation ("Microsoft") operating system components, including any "online" or electronic documentation ("OS Components") are subject to the terms and conditions of the agreement under whic h you have licensed the applicable Microsoft operating system product described below (each an "End User License Agreement" or "EULA") and the terms and conditi ons of this Supplemental EULA. BY INSTALLING, COPYING OR OTHERWISE USING THE OS COMPONENTS, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE APPLICABLE OPERATING SYSTEM PRODUCT EULA AND THIS SUPPLEMENTAL EULA. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT INSTALL, COPY OR USE THE OS COMPONENTS. NOTE: IF YOU DO NOT HAVE A VALIDLY LICENSED COPY OF ANY VERSION OR EDITION OF MI CROSOFT WINDOWS XP MEDIA CENTER EDITION, MICROSOFT WINDOWS 95, WINDOWS 98, WINDO WS NT 4.0 WINDOWS 2000 OPERATING SYSTEM OR ANY MICROSOFT OPERATING SYSTEM THAT I S A SUCCESSOR TO ANY OF THOSE OPERATING SYSTEMS (each an "OS Product"), YOU ARE NOT AUTHORIZED TO INSTALL, COPY OR OTHERWISE USE THE OS COMPONENTS AND Y OU HAVE NO RIGHTS UNDER THIS SUPPLEMENTAL EULA. Capitalized terms used in this Supplemental EULA and not otherwise defined herein shall have the meanings assigned to them in the applicable OS Product EULA. General. Each of the OS Components available from this site is identified as bei ng applicable to one or more of the OS Products. The applicable OS Components ar e provided to you by Microsoft to update, supplement, or replace existing functi onality of the applicable OS Product. Microsoft grants you a license to use the applicable OS Components under the terms and conditions of the EULA for the appl icable OS Product (which are hereby incorporated by reference except as set fort h below), the terms and conditions set forth in this Supplemental EULA, and the terms and conditions of any additional end user license agreement that may accom pany the individual OS Components (each an "Individual EULA"), provided that you comply with all such terms and conditions. To the extent that there is a confli ct among any of these terms and conditions applicable to the OS Components, the following hierarchy shall apply: 1) the terms and conditions of the Individual E ULA; 2) the terms and conditions in this Supplemental EULA; and 3) the terms and conditions of the applicable OS Product EULA. Additional Rights and Limitations. * If you have multiple validly licensed copies of any OS Product, you may reprod uce, install and use one copy of the applicable OS Components as part of the app licable OS product on all of your computers running validly licensed copies of t he applicable OS Product, provided that you use such additional copies of such O S Components in accordance with the terms and conditions above. For each validly licensed copy of the applicable OS Product, you also may reproduce one addition al copy of the applicable OS Components solely for archival purposes or reinstal lation of the OS Components on the same computer as the OS Components were previ ously installed. Microsoft retains all right, title and interest in and to the O S Components. All rights not expressly granted are reserved by Microsoft. * If you are installing the OS Components on behalf of an organization other tha n your own, prior to installing any of the OS Components, you must confirm that the end-user (whether an individual or a single entity) has received, read

and accepted these terms and conditions. * The OS Components may contain technology that enables applications to be share d between two or more computers, even if an application is installed on only one of the computers. You may use this technology with all Microsoft application pr oducts for multi-party conferences. For non-Microsoft applications, you should c onsult the accompanying license agreement or contact the licensor to determine w hether application sharing is permitted by the licensor. * You may not disclose the results of any benchmark test of the .NET Framework c omponent of the OS Components to any third party without Microsoft s prior written approval. SOLELY WITH RESPECT TO THE MICROSOFT VIRTUAL MACHINE FOR JAVA, YOU ARE ONLY LICE NSED TO INSTALL THIS OS COMPONENT ON A MACHINE THAT ALREADY CONTAINS A VERSION O F THE MICROSOFT VIRTUAL MACHINE FOR JAVA. IF THE APPLICABLE OS PRODUCT WAS LICENSED TO YOU BY MICROSOFT OR ANY OF ITS WHOL LY OWNED SUBSIDIARIES, THE LIMITED WARRANTY (IF ANY) INCLUDED IN THE APPLICABLE OS PRODUCT EULA APPLIES TO THE APPLICABLE OS COMPONENTS PROVIDED THE APPLICABLE OS COMPONENTS HAVE BEEN LICENSED BY YOU WITHIN THE TERM OF THE LIMITED WARRANTY IN THE APPLICABLE OS PRODUCT EULA. HOWEVER, THIS SUPPLEMENTAL E ULA DOES NOT EXTEND THE TIME PERIOD FOR WHICH THE LIMITED WARRANTY IS PROVIDED. IF THE APPLICABLE OS PRODUCT WAS LICENSED TO YOU BY AN ENTITY OTHER THAN MICROSO FT OR ANY OF ITS WHOLLY OWNED SUBSIDIARIES, MICROSOFT DISCLAIMS ALL WARRANTIES W ITH RESPECT TO THE APPLICABLE OS COMPONENTS AS FOLLOWS: DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MIC ROSOFT AND ITS SUPPLIERS PROVIDE TO YOU THE OS COMPONENTS, AND ANY (IF ANY) SUPP ORT SERVICES RELATED TO THE OS COMPONENTS ("SUPPORT SERVICES") AS IS AND WITH AL L FAULTS; AND MICROSOFT AND ITS SUPPLIERS HEREBY DISCLAIM WITH RESPECT TO THE OS COMPONENTS AND SUPPORT SERVICES ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES, D UTIES OR CONDITIONS OF OR RELATED TO: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, WORKMA NLIKE EFFORT AND LACK OF NEGLIGENCE. ALSO THERE IS NO WARRANTY, DUTY OR CONDITIO N OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMAN CE OF THE OS COMPONENTS AND ANY SUPPORT SERVICES REMAINS WITH YOU. EXCLUSION OF INCIDENTAL,CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJU RY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REA SONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARI SING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE OS COMPO NENTS OR THE SUPPORT SERVICES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS SUPPLEMENTAL EULA, EVEN IF MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POS SIBILITY OF SUCH DAMAGES. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REF ERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF MICROSOFT AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS SUPPLEMENTAL EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO ACTUAL D AMAGES INCURRED BY YOU BASED ON REASONABLE RELIANCE UP TO THE GREATER OF THE

AMOUNT ACTUALLY PAID BY YOU FOR THE OS COMPONENTS OR U.S.$5.00. THE FOREGOING LI MITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTE D BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. ================================================================================ ========================================================== Sun Microsystems, Inc. Binary Code License Agreement ---------------------------------------------------for the JAVA 2 PLATFORM STANDARD EDITION RUNTIME ENVIRONMENT 5.0 ---------------------------------------------------------------SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE SOFTWARE IDENTIFIED BEL OW TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS BINARY CODE LICENSE AGREEMENT AND SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT"). PLEASE READ THE AGREEMENT CAREFULLY. BY DOWNLOADING OR INSTALLING TH IS SOFTWARE, YOU ACCEPT THE TERMS OF THE AGREEMENT. INDICATE ACCEPTANCE BY SELEC TING THE "ACCEPT" BUTTON AT THE BOTTOM OF THE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY ALL THE TERMS, SELECT THE "DECLINE" BUTTON AT THE BOTTOM OF THE A GREEMENT AND THE DOWNLOAD OR INSTALL PROCESS WILL NOT CONTINUE. 1. DEFINITIONS. "Software" means the identified above in binary form, any other machine readable materials (including, but not limited to, libraries, source fil es, header files, and data files), any updates or error corrections provided by Sun, and any user manuals, programming guides and other documentation provided t o you by Sun under this Agreement. "Programs" mean Java applets and applications intended to run on the Java 2 Platform Standard Edition (J2SE platform) platfor m on Java-enabled general purpose desktop computers and servers. 2. LICENSE TO USE. Subject to the terms and conditions of this Agreement, includ ing, but not limited to the Java Technology Restrictions of the Supplemental Lic ense Terms, Sun grants you a non-exclusive, non-transferable, limited license wi thout license fees to reproduce and use internally Software complete and unmodif ied for the sole purpose of running Programs. Additional licenses for developers and/or publishers are granted in the Supplemental License Terms. 3. RESTRICTIONS. Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by Sun and/or its licen sors. Unless enforcement is prohibited by applicable law, you may not modify, de compile, or reverse engineer Software. You acknowledge that Licensed Software is not designed or intended for use in the design, construction, operation or maint enance of any nuclear facility. Sun Microsystems, Inc. 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 grant ed under this Agreement. Additional restrictions for developers and/or publisher s licenses are set forth in the Supplemental License Terms. 4. LIMITED WARRANTY. Sun warrants to you that for a period of ninety (90) days fr om the date of purchase, as evidenced by a copy of the receipt, the media on whi ch Software is furnished (if any) will be free of defects in materials and workm anship under normal use. Except for the foregoing, Software is provided "AS IS". Y our 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 Softwar e. Any implied warranties on the Software are limited to 90 days. Some states do not allow limitations on duration of an implied warranty, so the above may not apply to you. This limited warranty gives you specific legal rights. You may hav e others, which vary from state to state. 5. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMP LIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY

OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DIS CLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVA LID. 6. 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 SPE CIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED RE GARDLESS 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 SU CH DAMAGES. In no event will Sun's liability to you, whether in contract, tort (i ncluding negligence), or otherwise, exceed the amount paid by you for Software u nder this Agreement. The foregoing limitations will apply even if the above state d warranty fails of its essential purpose. Some states do not allow the exclusio n of incidental or consequential damages, so some of the terms above may not be applicable to you. 7. TERMINATION. This Agreement is effective until terminated. You may terminate th is Agreement at any time by destroying all copies of Software. This Agreement wil l terminate immediately without notice from Sun if you fail to comply with any p rovision of this Agreement. Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, t he subject of a claim of infringement of any intellectual property right. Upon T ermination, you must destroy all copies of Software. 8. EXPORT REGULATIONS. All Software and technical data delivered under this Agre ement are subject to US export control laws and may be subject to export or impo rt regulations in other countries. You agree to comply strictly with all such law s and regulations and acknowledge that you have the responsibility to obtain suc h licenses to export, re-export, or import as may be required after delivery to you. 9. TRADEMARKS AND LOGOS. You acknowledge and agree as between you and Sun that S un owns the SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET-related trademarks, service marks, logo s and other brand designations ("Sun Marks"), and you agree to comply with the S un 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. 10. U.S. GOVERNMENT RESTRICTED RIGHTS. If Software is being acquired by or on beh alf of the U.S. Government or by a U.S. Government prime contractor or subcontra ctor (at any tier), then the Government's rights in Software and accompanying do cumentation will be only as set forth in this Agreement; this is in accordance w ith 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisit ions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions). 11. GOVERNING LAW. Any action related to this Agreement will be governed by Calif ornia law and controlling U.S. federal law. No choice of law rules of any jurisdi ction will apply. 12. SEVERABILITY. If any provision of this Agreement is held to be unenforceable , this Agreement will remain in effect with the provision omitted, unless omissi on would frustrate the intent of the parties, in which case this Agreement will immediately terminate. 13. INTEGRATION. This Agreement is the entire agreement between you and Sun relat ing to its subject matter. It supersedes all prior or contemporaneous oral or wri tten communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or oth er communication between the parties relating to its subject matter during the t

erm of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party. SUPPLEMENTAL LICENSE TERMS These Supplemental License Terms add to or modify the terms of the Binary Code L icense Agreement. Capitalized terms not defined in these Supplemental Terms shal l have the same meanings ascribed to them in the Binary Code License Agreement . These Supplemental Terms shall supersede any inconsistent or conflicting terms in the Binary Code License Agreement, or in any license contained within the Sof tware. A. Software Internal Use and Development License Grant. Subject to the terms and conditions of this Agreement and restrictions and exceptions set forth in the S oftware "README" file, including, but not limited to the Java Technology Restric tions of these Supplemental Terms, Sun grants you a non-exclusive, non-transfera ble, limited license without fees to reproduce internally and use internally the Software complete and unmodified for the purpose of designing, developing, and testing your Programs. B. License to Distribute Software. Subject to the terms and conditions of this A greement and restrictions and exceptions set forth in the Software README file, including, but not limited to the Java Technology Restrictions of these Suppleme ntal Terms, Sun grants you a non-exclusive, non-transferable, limited license wi thout fees to reproduce and distribute the Software, provided that (i) you distr ibute 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 an d 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 r emove or alter any proprietary legends or notices contained in the Software, (v) you only distribute the Software subject to a license agreement that protects S un's interests consistent with the terms contained in this Agreement, and (vi) y ou agree to defend and indemnify Sun and its licensors from and against any dama ges, costs, liabilities, settlement amounts and/or expenses (including attorneys ' fees) incurred in connection with any claim, lawsuit or action by any third pa rty that arises or results from the use or distribution of any and all Programs and/or Software. C. Java Technology Restrictions. You may not create, modify, or change the beha vior of, or authorize your licensees to create, modify, or change the behavior o f, classes, interfaces, or subpackages that are in any way identified as "java", "javax", "sun" or similar convention as specified by Sun in any naming conventi on designation. D. Source Code. Software may contain source code that, unless expressly licensed for other purposes, is provided solely for reference purposes pursuant to the t erms of this Agreement. Source code may not be redistributed unless expressly pr ovided for in this Agreement. E. Third Party Code. Additional copyright notices and license terms applicable t o portions of the Software are set forth in the THIRDPARTYLICENSEREADME.txt file . In addition to any terms and conditions of any third party opensource/freeware license identified in the THIRDPARTYLICENSEREADME.txt file, the disclaimer of w arranty and limitation of liability provisions in paragraphs 5 and 6 of the Bina ry Code License Agreement shall apply to all Software in this distribution. For inquiries please contact: Sun Microsystems, Inc., 4150 Network Circle, Santa Clara, California 95054, U.S.A. (LFI#141623/Form ID#011801) ================================================================================ ==========================================================

-------------------Third party licenses -------------------================================================================================ ========================================================== OPEN DYNAMICS ENGINE -------------------Copyright (c) 2001-2004, Russell L. Smith. All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. Neither the names of ODE's copyright owner nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. ================================================================================ ========================================================== OGG VORBIS ---------Copyright (c) 2002, Xiph.org Foundation Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: - Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. - Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. - Neither the name of the Xiph.org Foundation nor the names of its contributors may be used to endorse or promote products derived from

this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE FOUNDATION OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. ================================================================================ ==========================================================

You might also like