Heap Analysis Tool 1.0.5 (HAT)
Software License
SUN MICROSYSTEMS, INC., THROUGH ITS JAVASOFT BUSINESS ("SUN") IS
WILLING TO LICENSE THE HAT 1.0 SOFTWARE AND THE ACCOMPANYING
DOCUMENTATION INCLUDING AUTHORIZED COPIES OF EACH (THE "SOFTWARE") TO
LICENSEE ONLY ON THE CONDITION THAT LICENSEE ACCEPTS ALL OF THE TERMS
IN THIS AGREEMENT.
PLEASE READ THE TERMS CAREFULLY BEFORE CLICKING ON THE "ACCEPT" BUTTON.
BY CLICKING ON THE "ACCEPT" BUTTON, LICENSEE ACKNOWLEDGES THAT LICENSEE
HAS READ AND UNDERSTANDS THIS AGREEMENT AND AGREES TO BE BOUND BY ITS
TERMS AND CONDITIONS.
IF LICENSEE DOES NOT ACCEPT THESE LICENSE TERMS, SUN DOES NOT GRANT ANY
LICENSE TO THE SOFTWARE, AND LICENSEE SHOULD CLICK ON THE "REJECT"
BUTTON TO EXIT THIS PAGE.
1. LICENSE GRANT
(A) License Rights
Licensee is granted a personal, non-exclusive and non-transferable
license to download, install and use the binary Software. Licensee
may make one archival copy of the Software, provided that Licensee
reproduces all copyright and other proprietary notices that are on
the original copy of the Software. Licensee may not distribute the
Software to any third party. This license is for individual
non-commercial use only.
(B) License Restrictions
The Software is licensed to Licensee only under the terms of this
Agreement, and Sun reserves all rights not expressly granted to
Licensee. Licensee may not use, copy, modify, rent, lease, loan,
sell, distribute or transfer the Software, or any copy or part
thereof, except as expressly provided for in this Agreement. Except
as otherwise provided by law for purposes of decompilation of the
Software solely for inter-operability, Licensee may not reverse
engineer, disassemble, decompile, or translate the Software, or
otherwise attempt to derive the source code of the Software. No
right, title, or interest in or to any trademarks, service marks,
or trade names of Sun or Sun's licensors is granted hereunder. Sun
makes no representations or warranties that the Software existing
as of the date of acceptance of this Agreement will remain
unchanged or continued thereafter.
(C) Aircraft Product and Nuclear Applications Restriction
SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN ON-LINE CONTROL OF
AIRCRAFT, AIR TRAFFIC, AIRCRAFT NAVIGATION OR AIRCRAFT
COMMUNICATIONS; OR IN THE DESIGN, CONSTRUCTION, OPERATION OR
MAINTENANCE OF ANY NUCLEAR FACILITY. SUN DISCLAIMS ANY EXPRESS OR
IMPLIED WARRANTY OF FITNESS FOR SUCH USES. LICENSEE REPRESENTS AND
WARRANTS THAT IT WILL NOT USE THE SOFTWARE FOR SUCH PURPOSES.
2. CONFIDENTIALITY
The Software is the confidential and proprietary information of Sun
and/or its licensors. The Software is protected by United States
copyright law and international treaty. Unauthorized reproduction
or distribution is subject to civil and criminal penalties.
Licensee agrees to take adequate steps to protect the Software from
unauthorized disclosure or use.
3. TERM, TERMINATION AND SURVIVAL
(A) The Agreement is effective until terminated.
(B) Licensee may terminate this Agreement at any time by destroying
all copies of the Software.
(C) This Agreement will immediately terminate without notice if
Licensee fails to comply with any obligation of this
Agreement.
(D) Upon termination, Licensee must immediately cease use of and
destroy the Software or, upon request from Sun, return the
Software to Sun.
(E) The provisions set forth in paragraphs 1 (B), 2, 6, 7, 8, and 9
will survive termination or expiration of this Agreement.
4. NO WARRANTY
THE SOFTWARE IS PROVIDED TO LICENSEE "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.
5. MAINTENANCE AND SUPPORT
Sun has no obligation to provide upgrades, maintenance or support
for the Software under this Agreement.
6. LIMITATION OF DAMAGES
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, SUN'S AGGREGATE
LIABILITY TO LICENSEE OR TO ANY THIRD PARTY FOR CLAIMS RELATING TO
THIS AGREEMENT, WHETHER FOR BREACH OR IN TORT, WILL BE LIMITED TO
THE FEES PAID BY LICENSEE FOR SOFTWARE WHICH IS THE SUBJECT MATTER
OF THE CLAIMS. 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 SUN HAS BEEN
PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. LIABILITY FOR
DAMAGES WILL BE LIMITED AND EXCLUDED, EVEN IF ANY EXCLUSIVE REMEDY
PROVIDED FOR IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.
7. GOVERNMENT USER
Rights in Data: If procured by, or provided to, the U.S.
Government, use, duplication, or disclosure of technical data is
subject to restrictions as set forth in FAR 52.227-14(g)(2), Rights
in Data-General (June 1987); and for computer software and computer
software documentation, FAR 52-227-19, Commercial Computer
Software-Restricted Rights (June 1987). However, if under DOD, use,
duplication, or disclosure of technical data is subject to DFARS
252.227-7015(b), Technical Data-Commercial Items (June 1995); and
for computer software and computer software documentation, as
specified in the license under which the computer software was
procured pursuant to DFARS 227.7202-3(a). Licensee shall not
provide Software nor technical data to any third party, including
the U.S. Government, unless such third party accepts the same
restrictions. Licensee is responsible for ensuring that proper
notice is given to all such third parties and that the Software and
technical data are properly marked.
8. EXPORT LAW
Licensee acknowledges and agrees that this Software and/or
technology is subject to the U.S. Export Administration Laws and
Regulations. Diversion of such Software and/or technology contrary
to U.S. law is prohibited. Licensee agrees that none of this
Software and/or technology, nor any direct product therefrom, is
being or will be acquired for, shipped, transferred, or reexported,
directly or indirectly, to proscribed or embargoed countries or
their nationals, nor be used for nuclear activities, chemical
biological weapons, or missile projects unless authorized by the
U.S. Government. Proscribed countries are set forth in the U.S.
Export Administration Regulations. Countries subject to U.S.
embargo are: Cuba, Iran, Iraq, Libya, North Korea, Syria, and the
Sudan. This list is subject to change without further notice from
Sun, and Licensee must comply with the list as it exists in fact.
Licensee certifies that it is not on the U.S. Department of
Commerce's Denied Persons List or affiliated lists or on the U.S
Licensee is responsible for complying with any applicable local
laws and regulations, including but not limited to, the export and
import laws and regulations of other countries.
9. GOVERNING LAW, JURISDICTION AND VENUE
Any action related to this Agreement shall be governed by
California law and controlling U.S. federal law, and choice of law
rules of any jurisdiction shall not apply. The parties agree that
any action shall be brought in the United States District Court for
the Northern District of California or the California superior
Court for the County of Santa Clara, as applicable, and the parties
hereby submit exclusively to the personal jurisdiction and venue of
the United States District Court for the Northern District of
California and the California Superior Court of the county of Santa
Clara.
10. NO ASSIGNMENT
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 its right to payment
and may assign this Agreement to an affiliated company.
11. OFFICIAL LANGUAGE
The official text of this Agreement is in the English language and
any interpretation or construction of this Agreement will be based
thereon. In the event that this Agreement or any documents or
notices related to it are translated into any other language, the
English language version will control.
12. ENTIRE AGREEMENT
This Agreement is the parties' entire agreement relating to the
Software. It supersedes all prior or contemporaneous oral or
written communications, proposals, warranties, and representations
with respect to its subject matter, and following Licensee's
acceptance of this license by clicking on the "Accept" Button, will
prevail over any conflicting or additional terms of any subsequent
quote, order, acknowledgment, or any other communications by or
between the parties. No modification to this Agreement will be
binding, unless in writing and signed by an authorized
representative of each party.