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Artima eBook License Agreement

NOTICE—READ THIS LICENSE AGREEMENT BEFORE DOWNLOADING, COPYING OR USING THE EBOOK

INSTALLING AND USING THE EBOOK ACCOMPANYING THIS LICENSE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS UNLESS YOU HAVE A DIFFERENT EBOOK LICENSE AGREEMENT SIGNED BY ARTIMA, INC. READ ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT PRIOR TO INSTALLING OR USING ALL OR ANY PORTION OF THE EBOOK. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DELETE THE EBOOK FROM YOUR HARDWARE AND DESTROY ALL COPIES.

PLEASE NOTE THAT YOU MAY NOT USE, COPY, MODIFY OR TRANSFER THE EBOOK OR ANY COPY, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT.

1. LICENSE. This eBook (the “EBook”) is licensed, not sold, to you by Artima, Inc. (“Artima”). The term “EBook” shall also include any updates of the EBook licensed to you by Artima. Subject to the terms of this License Agreement (the “Agreement”), you have a non-exclusive and nontransferable right to use the EBook for non-commercial (e.g. not for resale or rental or the like), educational, evaluation or personal purposes only. You may use this EBook on any computer, but may not store it such that it can be downloaded on any public network, including the internet. You agree to use your best efforts to prevent and protect the contents of the EBook from unauthorized disclosure or use. Artima reserves all rights not expressly granted to you.

2. LIMITATION ON USE. You may not rent, lease, sell, assign, or otherwise transfer or distribute copies, including but not limited to electronic or printed copies, of the EBook to others. You may not modify, adapt, or translate the EBook without the prior written consent of Artima. You may not install all or any portions of the EBook on any computer system on a public or private network where the contents of the EBook might be accessible to individuals who are not licensed users of the EBook.

3. TRANSFER. You may not sublicense, assign, delegate, rent, lease, time-share or otherwise transfer this license or any of the related rights or obligations for any reason. Any attempt to make any such sublicense, assignment, delegation or other transfer by you shall be void.

4. BACKUP AND COPYRIGHT. The EBook is copyrighted by Artima and/or the authors of the EBook. All rights are reserved. You may make copies of the EBook for your own personal use, or for backup purposes. You may print copies of the EBook, in whole or in part, for your own personal use. The EBook's copyright notice must be included on each copy.

5. OWNERSHIP. You agree that the EBook and any copies you make are the intellectual property of and are owned by Artima. You agree that you neither own nor hereby acquire any claim or right of ownership to the EBook or to any related patents, copyrights, trademarks or other intellectual property. Artima retains all right, title and interest in and to the EBook and all copies thereof at all times, regardless of the form or media in or on which the original or other copies may subsequently exist. This license is not a sale of the original or any subsequent copy.

6. TERM AND TERMINATION. This license is effective until terminated. You may terminate this license at any time by destroying the EBook and all copies you have made. This license automatically terminates if you fail to comply with its terms and conditions. You agree that, upon such termination, you will either destroy (or permanently erase) all copies of the EBook.

7. DISCLAIMER OF WARRANTY. ARTIMA PROVIDES THE EBOOK “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS. All risk of quality and performance of the EBook is with you. This disclaimer of warranty constitutes an essential part of this Agreement.

8. LIMITATION OF REMEDIES. IN NO EVENT WILL ARTIMA BE LIABLE FOR ANY INDIRECT DAMAGES OR OTHER RELIEF ARISING OUT OF YOUR USE OR INABILITY TO USE THE PROGRAM INCLUDING, BY WAY OF ILLUSTRATION AND NOT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF SUCH USE OR INABILITY TO USE THE PROGRAM, EVEN IF ARTIMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT SHALL ARTIMA AND THE AUTHORS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR THE EBOOK.

9. GOVERNING LAW, JURISDICTION. This license will be governed by, and construed in accordance with, the laws of the State of California. Customer hereby consents to the exclusive jurisdiction and venue of the state courts in Santa Clara County, California for all claims other than claims as to which federal jurisdiction is exclusive and where federal jurisdiction is exclusive to the federal courts most closely proximate to Santa Clara County, California in all disputes arising out of or relating to this Agreement. The United Nations Convention on Contracts for the Sale of Goods does not apply to this license.

10. EXPORT RULES. You agree that the EBook will not be shipped, transferred, or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions, or regulations.

11. NO OTHER AGREEMENTS. This Agreement constitutes the entire agreement between the parties with respect to the EBook, and supersedes any other written or oral agreement. In no event shall Artima's total liability to you for all damages, losses and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by you for the EBook.

12. SEVERABILITY. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

If you have any questions, please contact in writing: Artima, Inc., P.O. Box 390122, Mountain View, CA 94039.




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