What are the terms and conditions for Java SerialPort licensing?

The term "Product" pertains to any of the following products SerialPort, X/YModem, ZModem, JKermit, and any and all files included with the product, or received as an update to the product. The term "User" pertains to the purchaser of the product, be it an individual or a company. The Term "Application" pertains to the User's product be it an Application or Applet.

1. The Product source code or any part thereof, may not be distributed or resold.

2. With exception to section 9, the Product class files may be distributed without royalties with a Java Application that the User develops and sells, so long as the User Application is not to be used as a replacement for Product.

3. The Product class files, or any part thereof, may not be distributed or resold apart from the User Application.

4. With exception to section 9, the Product shared library(s) (DLLs) (if applicable) may be distributed without royalties with a Java Application that the User develops and sells, so long as the User Application is not to be used as a replacement for the Product.

5. The Product shared library(s) (DLLs) (if applicable) may not be distributed or resold apart from the User Application.

6. No part of the Product may be copied or reverse engineered for use in an Application that can be used as a replacement for Product.

7. If any modifications are made to any the source code, the User will provide an additional banner to the User Application which indicates that modifications were made by the User.

8. The Product is licensed per developer seat basis. A Standard/Platform license provides access for the class files and the Java sources for one developer (meaning the DLL sources may only be used by Professional/Enterprise license holders, not by Standard/Platform license holders).

9. This license DOES NOT ALLOW the Product class files, shared library(s) (DLLs) (if applicable) or any part thereof, to be burned into a ROM by a device manufacturer, or system integrator, to be bundled with a new or used device, or made available to any end user for any automatic field upgrade (e.g. via the Internet) to a device once it has been delivered to the end user. A distribution license is required for these purposes.

Test for distribution license applicability: Is the Product, or the product including the Product, installed by the end user? If the answer to this question is yes, and the end user is an individual (i.e. not a department), then there are no runtime royalties. Examples of where the distribution license applies: Embedded devices. Devices where Product or a product including Product is installed by an OEM. Devices where the package including Product is installed by other than the end user (or via an unattended installation process). Note: devices like the Compaq iPaq, and Sharp Zaurus, where Product is installed on volatile memory is considered in the same class as a PC. If however, the OEM installs Product on the non-volatile memory of such a device, the device is considered in the Embedded class.

Test for SerialPort Distribution License - Q70 applicability: Is the Product, or the product including the Product, installed by the end user? If the answer to this question is yes, and the end user is an individual (i.e. not a department), then there are no runtime royalties. Is the Product, or the product including the Product installed by other than the end user for Military, Government, or National Defense application? If the answer to this question is yes, and the end user is a member or employee of military or government entity for the purposes of military use, government use, or national defense, the SerialPort Distribution License - Q70 applies. Examples of where the distribution license applies: Embedded devices. Devices where Product or a product including Product is installed by an OEM. Devices where the package including Product is installed by other than the end user (or via an unattended installation process).

The Copyright banner may be suppressed if the following is shown in the 'Help' or 'About' option of the program. The format need not be identical to that shown but must be no smaller than 10 point text.

<Product Name> Powered by http://serialio.com

Examples

The following apply to the Professional/Enterprise license.

  • The Product class files may be distributed without royalties with a Java Application that the User develops and sells, with the following restrictions:
  • User Java package name(s) may not be modified.
  • The Copyright banner may not be modified.

TRANSFERABILITY. The license is nontransferable without written permission from Solutions Consulting.

Solutions Consulting makes no representations or warranties about the suitability of the software, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Solutions Consulting shall not be liable for any damages suffered by the licensee as a result of using, modifying, or distributing this software or its derivatives.

LIMITATION OF LIABILITY. To the extent not prohibited by law, in no event will Solutions Consulting or its licensers, be liable for any lost revenue, profit or data, or for the 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 Solutions Consulting has been advised of the possibility of such damages. And in no event will Solutions Consulting'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.