THIS EULA IS A BINDING AGREEMENT BETWEEN YOU AND BELLSOFT FOR THE USE OF LIBERICA NATIVE IMAGE KIT (SOFTWARE). BY USING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS OF THIS EULA AND AGREE TO THEM. IF YOU ARE AGREEING TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE LEGAL ENTITY TO THESE TERMS.
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Liberica Native Image Kit is copyrighted software based on OpenJDK and GraalVM and is 100% Open Source Software. Notwithstanding anything to the contrary stated in this EULA, installation or use of Open Source Software shall be subject to the following license terms in its applicable version and the Terms and Conditions of Open Source Software License and Third Party Licenses which prevail over this EULA: https://openjdk.java.net/legal/gplv2+ce.html https://github.com/oracle/graal/blob/master/LICENSE https://bell-sw.com/third_party_licenses/
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BELLSOFT reserves the right to modify this EULA at any time and without prior notice by publishing the most current version of the EULA on the following website: https://bell-sw.com/liberica_eula/.
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BELLSOFT does not offer support or maintenance for the SOFTWARE under this EULA (unless you have entered into a separate written agreement for such support, in which case such separate agreement shall apply).
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You agree to indemnify and hold BELLSOFT harmless, from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, due to or arising out of Your use of SOFTWARE, your violation of the terms of this EULA or any applicable Open Source License or Your violation or infringement of any third party rights.
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THE SOFTWARE IS PROVIDED AS IS WITHOUT ANY WARRANTY OF ANY KIND EXPRESS OR IMPLIED: BELLSOFT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. BELLSOFT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN, THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BELLSOFT OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
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TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL BELLSOFT BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF BELLSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall BELLSOFT’s total liability to You for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
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The Agreement will be governed and interpreted in accordance with California legislation. Expressly waiving their own places of venue or competence, the parties agree that all disagreements, disputes, arguments or claims related to the Agreement, will be settled before the Courts and Tribunals of the city of San Francisco.
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The failure of BELLSOFT to exercise or enforce any rights or provisions of this EULA will not constitute a waiver of such rights or provisions.
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Should one or more provisions of this EULA be or become invalid or unenforceable, this shall not affect the validity and enforceability of the remaining provisions of this EULA. The same shall apply if the EULA does not contain an essential provision. In lieu of the invalid or unenforceable provision, or to fill a contractual lacuna, such valid and enforceable provision shall apply which reflects as closely as possible the commercial intention of the Parties as regards the invalid, unenforceable or missing provision.
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The SOFTWARE shall not be supplied in any way, directly or indirectly, to an entity/person in North Korea, Syria, Russia, Belarus, Iran, Sudan, or the Crimea Region of Ukraine. The SOFTWARE shall not be supplied in any way, directly or in- directly, to an entity or person that is on any other export control restricted lists, including any entity that is owned 50% or more, directly or indirectly, by such restricted entity or person. Accordingly, You confirm:
- You will not download, provide, make available, or otherwise export or re-export the SOFTWARE, directly or indirectly, to countries prohibited by applicable laws and regulations nor to citizens, nationals, or residents of those countries.
- You are not listed on the United States Department of Treasury lists of Specially Designated Nationals and Blocked Persons, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, nor are You listed on the United States Department of Commerce Table of Denial Orders.
- You will not download or otherwise export or re-export the SOFTWARE, directly or indirectly, to persons on the above-mentioned lists.
- You will not use the SOFTWARE for, and will not allow the SOFTWARE to be used for, any purposes prohibited by applicable law, including, without limitation, for the development, design, manufacture, or production of nuclear, chemical, or biological weapons of mass destruction.