8 lines
13 KiB
Java
8 lines
13 KiB
Java
package com.honeywellVenomTools.eula;
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public interface IVenomEula {
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public static final String EULA_HEADER_NAME = "VENOM End User License Agreement";
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public static final String EULA_PROPERTIES_FILE_NAME = "lib\\venomEULA.properties";
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public static final String EULA_TEXT = "HONEYWELL SOFTWARE END USER LICENSE AGREEMENT\n\nHONEYWELL IS WILLING TO PROVIDE A LIMITED LICENSE OF THE SOFTWARE TO YOU ONLY ON\nTHE CONDITION THAT YOU ACCEPT ALL OF THE TERMS IN THIS AGREEMENT. PLEASE READ\nTHE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE CLICKING ON THE \"I\nACCEPT\" BUTTON. BY CLICKING ON THE \"I ACCEPT\" BUTTON YOU ACKNOWLEDGE THAT YOU\nHAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. BY\nINSTALLING, COPYING, DOWNLOADING, ACCESSING, OR OTHERWISE USING THE SOFTWARE\nYOU REPRESENT THAT YOU ARE ACTING ON BEHALF OF YOUR EMPLOYER (SUCH EMPLOYER\nHEREINFTER REFERRED TO AS YOU OR THE LICENSEE), AND ARE AUTHORIZED TO, AND\nDO, ACCEPT THESE TERMS ON ITS BEHALF. THE ACCEPTANCE OF THIS AGREEMENT IS\nREQUIRED FOR USE OF THE LICENSED SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF\nTHIS AGREEMENT: (A) DO NOT INSTALL, COPY, DOWLOAD, ACCESS, OTHERWISE USE THE\nSOFTWARE; AND (B) RETURN THE COMPLETE UNUSED SOFTWARE AND ALL ACCOMPANYING\nITEMS AND PACKING WITHIN 30 DAYS OF PURCHASE FOR A FULL REFUND OF ANY AMOUNT\nPAID FOR THE RETURNED SOFTWARE. \n\nThis End User License Agreement (Agreement) is a legal contract between Honeywell International Inc.,\nacting through its Environmental and Combustion Controls business, having an office at 1985 Douglas\nDrive North, Golden Valley MN 55422 (Honeywell), and You. The right to use the Software is granted\nonly on the condition that You agree to the following terms:\n\n1. LICENSE GRANT\n1.1 Subject to the terms and conditions herein, Honeywell grants, and You accept, a nonexclusive, non-\ntransferable, limited license to install, execute, and use the Software with the Designated System. All\nsuch use of the Software shall be for your internal business purposes, at and for the benefit of the\nDesignated Facility only.\n1.2 The license granted in Section 1.1 above does not include the right to make copies of the Software.\n\n2. PROPERTY RIGHTS\nThe Software is highly confidential and proprietary to Honeywell or Honeywell's Software vendor(s) and\ntitle thereto remains in Honeywell or Honeywell's Software vendor(s). All applicable rights in patents,\ncopyrights, trademarks and trade secrets in the Software are and will remain in Honeywell or Honeywell's\nSoftware vendor(s). You shall not sell, lease transfer, publicly disclose or display or otherwise make\navailable the Software or copies thereof to others. You agree to secure and protect the Software in a\nmanner consistent with the maintenance of Honeywell's or Honeywell's Software vendor's rights therein.\nYou shall not, and will not permit others, to modify, adapt, translate, reverse engineer, decompile,\ndisassemble or otherwise attempt to create derivate works or alter of the Software or discover its source\ncode. The terms of this Section will survive termination or expiration of this Agreement. You understand\nthat violation of this provision may cause irreparable harm to Honeywell.\n\n3. TERM AND TERMINATION\n3.1 This Agreement is effective upon first installation, downloading, access, or other use of the Software\nand shall remain in effect until terminated.\n3.2 Honeywell may terminate this Agreement immediately if you fail to comply with any of terms and\nconditions of this Agreement including, but not limited to, failing to pay any fees or charges when due.\nTermination of this Agreement by Honeywell shall, among other things, constitute termination of all\nlicenses granted hereunder.\n3.3 Within 5 days after the termination of this Agreement, unless the requirement is waived by Honeywell,\nyou will return to Honeywell the Software in the form provided by Honeywell and all copies.\n\n4. TRANSFER\nYou understand that reproduction of copies of the Software and/or transfer of the Software or any copy \nthereof may be a serious crime, as well as subjecting You to damages and attorneys' fees. You may not\ntransfer the original or any copy of the Software to another person except with Honeywell's prior written\napproval. Honeywell has the right to terminate the License, to trace serial numbers, and to take legal\naction if these conditions are violated. This License Agreement may not be assigned by You.\n\n5. DISCLAIMER OF WARRANTY\nTHE SOFTWARE IS PROVIDED \"AS IS\" WITHOUT WARRANTY OF ANY KIND. FURTHER, HONEYWELL\nDOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR\nTHE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF CORRECTNESS, ACCURACY,\nRELIABILITY OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE\nSOFTWARE IS ASSUMED BY YOU. IF THE SOFTWARE IS DEFECTIVE, YOU AND NOT HONEYWELL\nASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.\nHONEYWELL AND ITS SOFTWARE VENDORS EXCLUDE ALL WARRANTIES INCLUDING IMPLIED\nWARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.\n\n6. LIMITATION OF LIABILITY AND INDEMNIFICATION\n6.1 Neither Honeywell nor anyone else who has been involved in the creation, production or delivery of\nthe Software shall be liable for any direct, indirect, consequential, or incidental damages (including\ndamages for loss of business profits, business interruption, loss of business information and the like)\narising out of training on the Software, nor the use of or inability to use such Software even if Honeywell\nhas been advised of the possibility of such damages. In no event shall Honeywell will liable for any\namount in excess of the amounts paid by You for the Software.\n6.2 You hereby release Honeywell from any and all liability relating directly or indirectly, to Honeywells\nproviding training on the Software, your entry of data using the Software, your error in writing or\nmodifying software programs using the Software, or any other act relating to or arising out use of the\nSoftware. Further, You agree to indemnify and hold Honeywell harmless from and against any claim, loss\nof damage, arising directly or indirectly out of your use of the Software or the use of the Software by\nanyone while the Software is licensed to You. In the event the cause of any damage cannot be\ndetermined, the damage will be presumed to be caused by your use of the Software and this paragraph\nshall apply with respect to such damage.\n\n7. GENERAL\n7.1 Honeywell shall have the right, upon reasonable notice during business hours, to audit your use of\nthe Software for purposes of evaluating your compliance with this Agreement\n7.2 This License Agreement may be amended only by an instrument in writing executed by You and\nHoneywell.\n7.3 You agree that no copy of the Software, nor any of its associated documentation, nor any other\ninformation regarding such Software shall be transmitted into any country other than the country in which\nthe designated installation is located without the express written consent of Honeywell. Such written\nconsent must specify both the country from which the Software is to be moved and the country into\nwhich the Software is to be moved.\n7.4 Software, including technical data, is subject to U.S. export control laws, including the U.S. Export\nAdministration Act and its associated regulations, and may be subject to export or import regulations in\nother countries. You agree to comply strictly with all such regulations and acknowledge that you have the\nresponsibility to obtain such licenses to export, re-export, or import the Software. The Software may not\nbe used, sold, resold, sublicensed, diverted, transferred, reshipped, or otherwise exported or re-\nexported: (i) in, into or through any country designated as a terrorist supporting country by the U.S.\ngovernment or any of its agencies; (ii) in, into or through any country for which the U.S. has an embargo\nor with which the U.S. or any of its agencies maintains comprehensive trade controls; (iii) to or by a\nnational or resident of the countries described in (i) or (ii); or (iv) to or by any party included in the\nStates Department of Commerce's Denied Persons List, Entity List or Unverified List; or the United\nStates Department of the Treasury's Specially Designated Nationals, Specially Designated Global\nTerrorists, Specially Designated Narcotics Traffickers, or Specially Designated Terrorists List; or the\nUnited States Department of State's Designated Foreign Terrorist Organizations or Debarred Persons\nList; or is otherwise designated by the U.S. government, or any of its agencies, as a party with which it is\nunlawful to do business.\n7.5 The Software is provided with restricted rights. With respect to any acquisition of the Software by or\nfor any unit or agency of the U.S. Government (\"Government\"), the Software shall be classified as\n\"Commercial Computer Software,\" as that term is defined in the applicable provisions of the Federal\nAcquisition Regulation (\"FAR\") and supplements thereto, including the Department of Defense (DoD)\nFAR Supplement (\"DFARS\"). If the Software is supplied for use by DoD, the Software is delivered\nsubject to the terms of this Agreement and either (i) in accordance with DFARS 252.227-7202-1(a) and\n227.7202-3(a), or (ii) with restricted rights in accordance with DFARS 252.227 7013(c)(1)(ii), as applicable.\nIf the Software is supplied for use by a federal agency other than DoD, the Software is restricted\ncomputer software delivered subject to the terms of this Agreement and (i) FAR 12.212(a); (ii) FAR\n52.227-19; or (iii) FAR 52.227-14 (ALT III), as applicable.\n7.6 The failure of either party to enforce at any time any of the provisions of this agreement shall not be\nconstrued to be a continuing waiver of any provisions hereunder nor shall any such failure prejudice the\nright of such party to take any action in the future to enforce any provisions hereunder.\n7.7 In the event any provision of this Agreement is determined to be illegal, invalid, or unenforceable, the\nvalidity and enforceability of the remaining provisions of this Agreement will not be affected and, in lieu\nof such illegal, invalid, or unenforceable provision, there will be added as part of this Agreement one or\nmore provisions as similar in terms as may be legal, valid and enforceable under applicable law.\n7.8 You acknowledge that any breach of your obligations hereunder with respect to the Software or the\nconfidential information of Honeywell will cause Honeywell irreparable injury for which it has no adequate\nremedy at law. You further agree that Honeywell will be entitled to seek and obtain equitable relief,\nincluding preliminary injunctions and temporary restraining orders, to prevent any unauthorized use of the\nSoftware and confidential information, without posting of bond or other security, in addition to all other\nremedies available to it under this Agreement or other applicable law.\n7.9 This Agreement will be governed by and interpreted in accordance with the laws of the State of\nMinnesota without reference to conflict of laws principles. If for any reason a court of competent\njurisdiction finds any provision of the Agreement to be unenforceable, that provision will be enforced to\nthe maximum extent possible to effectuate the intent of the parties, and the remainder of the Agreement\nwill continue in full force and effect. This Agreement shall not be governed by the United Nations\nConvention on Contracts for the International Sale of Goods, or by the Uniform Computer Information\nTransactions Act (UCITA). The parties agree that exclusive jurisdiction for any dispute arising out of or\nrelating to this Agreement lies within courts located in the State of Minnesota. Notwithstanding the\nforegoing, any judgment may be enforced in any United States or foreign court\n7.10 Certain module icons obtained from the Silk icon set 1.3 created by Mark James (see \nhttp://www.famfamfam.com/lab/icons/silk/) contained in the Honeywell Venom software are licensed subject to\nthe terms of a Creative Commons Attribution 2.5 license agreement that may be found at \nhttp://creativecommons.org/licenses/by/2.5/.\n\n8. DEFINITIONS\n8.1 Designated Facility means the particular building(s) owned or operated by you or authorized\nHoneywell customers at the locations authorized by Honeywell for use with the Software.\n8.2 Designated System means the equipment and/or computer hardware authorized by Honeywell for\nuse with the Software.\n8.3 Software means the computer software in machine-readable, object code form only, owned and\ndistributed by Honeywell via CD ROM, the Internet, or other distribution mechanism, including any\nUpdates to such Software that may be provided by Honeywell to this Agreement.\n8.4 Updates means any enhancement, upgrade, or modification to the Licensed Software that may be\nprovided by Honeywell under this Agreement but excluding any items licensed, marketed or distributed\nby Honeywell as a separately-priced product.";
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}
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