JavaGen Code GeneratorThank you for trying out JavaGen software! By using this software, including any third party software made available in conjunction with this software, ("JavaGen Software") you agree to accept a license under and be bound by the following terms and conditions (the "Agreement").
JavaGen Software is made available to you for your non-commercial use only. This means that you may use it at work or at home. But you first need to obtain Outsource Cafe's permission if you want to sell the JavaGen Software or any information, services, or software associated with or derived from it (excluding code generated by JavaGen), or if you want to modify, copy (except as provided below), license, or create derivative works from the JavaGen Software.
In that case, please send an email requesting permission to support@javagen.com. Furthermore, you may not use JavaGen Software in any manner that could damage, disable, overburden, or impair JavaGen's services, nor may you use JavaGen Software in any manner that could interfere with any other party's use and enjoyment of Outsource Cafe's services.
This Agreement allows you to install and use the JavaGen Software on a single computer. You may make copies of the JavaGen Software and distribute such copies to others within your employer's organization provided that any such recipient has had an opportunity to review and agree to be bound by this Agreement. If others within your organization do not have this opportunity to review and agree and you would still like to distribute copies to them, you may do so provided that you have the legal right to bind your organization (and others within your organization) to this Agreement. If you do not have this right and the recipients do not have an opportunity to review and agree to this Agreement, please do not distribute the JavaGen Software to them. If you have any questions regarding the terms of distribution, please send an email to support@javagen.com.
For each copy of the JavaGen Software authorized under this license, you may make one backup copy, provided your backup copy is not installed or used concurrently on different computers. You must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the JavaGen Software. The Outsource Cafe is not obligated to provide maintenance, support, or updates to you for the JavaGen Software.
If you have comments on JavaGen Software or ideas on how to improve it, please email support@javagen.com. Please note that by doing so, you also grant the Outsource Cafe and third parties permission to use and incorporate your ideas or comments into the JavaGen Software (or third party software) without further compensation.
Code produced by using the JavaGen Software will be subject to the terms of any accompanying license. If accompanying license is not present, destroyed or found to be unenforceable then this Agreement will apply in full to the generated code.
You agree that you will use the JavaGen Software in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not agree to, and shall not authorize or encourage any third party to: (i) use the JavaGen Software to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, contains viruses, or is otherwise objectionable; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) use the JavaGen Software for any fraudulent or inappropriate purpose; or (iv) act in any way that violates this Agreement, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this license, and may subject you to state and federal penalties and other legal consequences.
You acknowledge that the Outsource Cafe or third parties own all right, title and interest in and to the JavaGen Software, portions thereof, or software or other materials (not including UML models uploaded by users or generated code) provided through or in conjunction with the JavaGen Software, including without limitation all intellectual property rights. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble JavaGen Software. You also agree to not remove, obscure, or alter the Outsource Cafe's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the JavaGen Software.
Outsource Cafe and its licensors and suppliers disclaim any responsibility for any harm resulting from your use of the JavaGen Software and/or any third party software accessed in conjunction with or through the JavaGen Software.
THE JAVAGEN SOFTWARE AND ANY THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE JAVAGEN SOFTWARE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. THE OUTSOURCE CAFE AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. OUTSOURCE CAFE AND ITS LICENSORS AND SUPPLIERS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF JAVAGEN SOFTWARE AND SUCH THIRD PARTY SOFTWARE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE JAVAGEN SOFTWARE AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE JAVAGEN SOFTWARE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF JAVAGEN SOFTWARE AND SUCH THIRD PARTY SOFTWARE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
UNDER NO CIRCUMSTANCES SHALL THE OUTSOURCE CAFE OR ITS LICENSORS AND SUPPLIERS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THE JAVAGEN SOFTWARE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE JAVAGEN SOFTWARE, FROM INABILITY TO USE JAVAGEN SOFTWARE OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF JAVAGEN SOFTWARE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
It is your responsibility to ascertain whether any copyright or other licenses for use of content are necessary and to obtain any such licenses. You agree to copy, distribute, display, and modify only those materials which you have the necessary permission to use. You agree to hold harmless and indemnify Outsource Cafe and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the JavaGen Software, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, the Outsource Cafe will provide you with written notice of such claim, suit or action.
For a full description of how the Outsource Cafe handles personal information, please see the JavaGen Privacy Policy: http://javagen.com/privacy.jsp.
The JavaGen Software and Documentation are "Commercial Items," as that term is defined at 48 C.F.R. S2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. S12.212 or 48 C.F.R. S227.7202, as applicable. Consistent with 48 C.F.R. S12.212 or 48 C.F.R. S227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
The JavaGen Software is subject to the export control laws of the United States and import control laws of other countries. You agree to comply with and use the JavaGen Software in a manner consistent with applicable laws. All rights to use the JavaGen Software are granted on condition that such rights are forfeited if you fail to comply with this Agreement.
This Agreement will be governed by and construed in accordance with the laws of the State of California, without giving effect to the conflict of laws provisions of California or your actual state or country of residence. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement will continue in full force and effect.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Outsource Cafe.
IF YOU WISH TO TERMINATE THIS AGREEMENT, YOU MAY SIMPLY CEASE USING THE JAVAGEN SOFTWARE AND FOLLOW THE UNINSTALL INSTRUCTIONS. THE OUTSOURCE CAFE RESERVES THE RIGHT TO TERMINATE THIS AGREEMENT AND YOUR AUTHORIZATION TO USE THE JAVAGEN SOFTWARE AT ANY TIME WITHOUT CAUSE.
For inquiries please contact: Outsource Cafe, Inc. 870 Alvarado Rd. Berkeley CA 94705.