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Text File | 2001-10-19 | 6KB | 113 lines

Sun Microsystems, Inc.

Binary Code License Agreement

READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL
LICENSE TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING
THE SOFTWARE MEDIA PACKAGE.  BY OPENING THE SOFTWARE MEDIA
PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE
ACCESSING THE SOFTWARE ELECTRONICALLY INDICATE YOUR ACCEPTANCE OF
THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS
AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PROMPTLY
RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE FOR A REFUND
OR, IF THE SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE
"CANCEL" BUTTON AT THE END OF THIS AGREEMENT.

1. License to Use. Sun grants to you a non-exclusive and
non-transferable license for the internal use only of the
accompanying software and documentation and any error corrections
provided by Sun (collectively "Software"). You have no right to
distribute the Software.

2. Restrictions. Software is confidential and copyrighted. Title
to Software and all associated intellectual property rights is
retained by Sun and/or its licensors. You may make copies of
Software only for your internal use provided that you reproduce
all notices in and on Software, including this Agreement.  Unless
enforcement is prohibited by applicable law, you may not modify,
decompile, disassemble, or otherwise reverse engineer Software.
You acknowledge that the 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. No right, title or interest in or to any trademark, service
mark, logo, or trade name of Sun or its licensors is granted
under this Agreement.

3. Limited Warranty. Sun warrants to you that for a period of
ninety (90) days from the date of purchase, as evidenced by a
copy of the receipt, the media on which Software is furnished (if
any) will be free of defects in materials and workmanship under
normal use. Except for the foregoing, Software is provided "AS
IS". Your exclusive remedy and Sun's entire liability under this
limited warranty will be at Sun's option to replace the Software
media or refund the fee paid for the Software.

4. Disclaimer of Warranty. UNLESS SPECIFIED IN THIS AGREEMENT,
ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND
WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE
DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD
TO BE LEGALLY INVALID.

5. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY
APPLICABLE LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE
FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT,
CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND
REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED
TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will
Sun'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.

6. Termination. This Agreement is effective until terminated. You
may terminate this Agreement at any time by destroying all copies
of Software. This Agreement will terminate immediately without
notice from Sun if you fail to comply with any provision of this
Agreement. Upon termination, you must destroy all copies of
Software.

7. Export Regulations. All Software and technical data delivered
under this Agreement are subject to U.S. export control laws and
may be subject to export or import regulations in other
countries. You agree to comply strictly with all such laws and
regulations and acknowledge that you have the responsibility to
obtain such licenses to export, re-export, or import as may be
required after delivery to you.

8. U.S. Government Restricted Rights. If this Software is being
acquired by or on behalf of the U.S. Government or by a U.S.
Government prime contractor or subcontractor (at any tier), then
the Government's rights in the Software shall be only as set
forth in this Agreement; this is in accordance with 48 C.F.R.
227.7201 through 227.7202-4 (for Department of Defense (DoD)
acquisitions) and with 48 C.F.R. 2.101 and 12.212 (for non-DoD
acquisitions).

9. Governing Law. Any action related to this Agreement will be
governed by California law and controlling U.S. federal law. No
choice of law rules of any jurisdiction will apply.

10. Severability. If any provision of this Agreement is held to
be unenforceable, this Agreement will remain in effect with the
provision omitted, unless omission of the provision would
frustrate the intent of the parties, in which case this Agreement
will immediately terminate.

11. Integration. This Agreement is the entire agreement between
you and Sun relating to its subject matter. It supersedes all
prior or contemporaneous oral or written communications,
proposals, representations and warranties and prevails over any
conflicting or additional terms of any quote, order,
acknowledgment, or other communication between the parties
relating to its subject matter during the term of this Agreement.
No modification of this Agreement will be binding, unless in
writing and signed by an authorized representative of each party.

For inquiries please contact: Sun Microsystems, Inc., 901 San
Antonio Road, Palo Alto, California 94303