SUN 縺ッ縲√♀螳「讒倥′譛ャ繝ゥ繧、繧サ繝ウ繧ケ螂醍エ譖クシ井サ・荳九梧悽螂醍エ譖ク縲阪→縺吶kシ峨↓蜷ォ縺セ繧後k蜈ィ縺ヲ縺ョ譚。鬆縺ォ蜷梧э縺励◆蝣エ蜷医↓髯舌j縲√♀螳「讒倥↓蟇セ縺励√ヰ繧、繝翫Μ蠖「蠑上〒縺ョSTARSUITE 繝舌繧ク繝ァ繝ウ7 繧ス繝輔ヨ繧ヲ繧ァ繧「縺ョ菴ソ逕ィ繧定ィア隲セ縺縺溘@縺セ縺吶縺ァ縲√%縺ョ螂醍エ譖ク縺ョ譚。鬆繧偵h縺上♀隱ュ縺ソ縺上□縺輔>縲ゅ%縺ョ繧ス繝輔ヨ繧ヲ繧ァ繧「繧偵う繝ウ繧ケ繝医繝ォ縺吶k縺ィ縲√♀螳「讒倥′譛ャ螂醍エ縺ョ譚。鬆縺ォ蜷梧э縺励◆繧ゅ縺ィ隕九↑縺輔l縺セ縺吶ゅ%繧後i縺ョ譚。鬆縺ォ蜷梧э縺ァ縺阪↑縺蝣エ蜷医縲∵悽繝壹繧ク譛ォ蟆セ縺ョ縲後く繝」繝ウ繧サ繝ォ縲阪繧ソ繝ウ繧帝∈謚槭@縺ヲ縺上□縺輔>縲ゅた繝輔ヨ繧ヲ繧ァ繧「縺ョ繧、繝ウ繧ケ繝医繝ォ菴懈・ュ縺ッ荳ュ豁「縺輔l縺セ縺吶
1.0 螳夂セゥ
縲後Λ繧、繧サ繝ウ繧ケ繧ス繝輔ヨ繧ヲ繧ァ繧「縲阪→縺ッ縲√ヰ繧、繝翫Μ繧ウ繝シ繝牙ス「蠑上StarSuite 繝舌繧ク繝ァ繝ウ7 繧ス繝輔ヨ繧ヲ繧ァ繧「縲∽サ悶繝槭す繝ウ縺瑚ェュ縺ソ縺ィ繧後k雉譁呻シ医Λ繧、繝悶Λ繝ェ縲√た繝シ繧ケ繝輔ぃ繧、繝ォ縲√繝ム繝シ繝輔ぃ繧、繝ォ縲√♀繧医繝繝シ繧ソ繝輔ぃ繧、繝ォ繧貞性繧縺後◎繧後↓髯仙ョ壹&繧後↑縺シ峨√≠繧峨f繧句叙謇ア隱ャ譏取嶌縲√繝ュ繧ー繝ゥ繝溘Φ繧ー繧ャ繧、繝峨√♀繧医譛ャ螂醍エ縺ョ荳九↓Sun Microsystems, Inc. 縺ォ繧医▲縺ヲ縺雁ョ「讒倥↓謠蝉セ帙&繧後◆蜈ィ縺ヲ縺ョ譁譖ク繧呈э蜻ウ縺励∪縺吶
2.0 髯仙ョ夂噪菴ソ逕ィ讓ゥ
Sun Microsystems, Inc. 縺ッ縺雁ョ「讒倥↓縲∬ゥ穂セ。縺吶k縺薙→縺縺代r逶ョ逧縺ィ縺励※縲∫、セ蜀縺ァ菴ソ逕ィ縺吶k縺溘a縺ォ譛ャ繧ス繝輔ヨ繧ヲ繧ァ繧「陬ス蜩√r隍陬ス縺吶k縲撼迢ャ蜊逧縺ァ隴イ貂。荳崎縺ェ縲√Ο繧、繝、繝ォ繝繧」繧貞性縺セ縺ェ縺髯仙ョ夂噪菴ソ逕ィ讓ゥ繧定ィア隲セ縺励∪縺吶ゅ%縺ョ逶ョ逧莉・螟悶〒縺ョ荳蛻縺ョ菴ソ逕ィ縺ッ蝗コ縺冗ヲ√§繧峨l縺ヲ縺縺セ縺吶ゅ♀螳「讒倥譛ャ繧ス繝輔ヨ繧ヲ繧ァ繧「陬ス蜩√縺吶∋縺ヲ縲√∪縺溘荳驛ィ繧堤ャャ荳芽縺ォ螢イ蜊エ縲√Ξ繝ウ繧ソ繝ォ縲∬イク莉倥¢縲∵慣蠖薙↓蜈・繧後◆繧翫∬ュイ貂。縺励↑縺繧ゅ縺ィ縺励∪縺吶
Sun Microsystems, Inc. 縺ッ譛ャ繧ス繝輔ヨ繧ヲ繧ァ繧「縺ョ繧オ繝昴繝医√∪縺溘縺雁ョ「讒倥↓繧「繝繧ー繝ャ繝シ繝臥沿繧繧ィ繝ゥ繝シ菫ョ豁」迚茨シ井サ・荳狗キ冗ァー縺励※縲後た繝輔ヨ繧ヲ繧ァ繧「繧「繝繝繝シ繝育沿縲阪→縺吶kシ峨r謠蝉セ帙☆繧玖イャ莉サ繧剃ク蛻雋繧上↑縺繧ゅ縺ィ縺励∪縺吶4un Microsystems, Inc. 縺檎峡閾ェ縺ョ蛻、譁ュ縺ォ縺ヲ縺雁ョ「讒倥↓繧ス繧ヲ繝医え繧ァ繧「繧「繝繝繝シ繝育沿繧呈署萓帙@縺溷エ蜷医√◎縺ョ繧ス繝輔ヨ繧ヲ繧ァ繧「繧「繝繧ー繝ャ繝シ繝臥沿縺ッ繝ゥ繧、繧サ繝ウ繧ケ繧ス繝輔ヨ繧ヲ繧ァ繧「縺ョ荳驛ィ縺ィ隕九↑縺輔l縲∵悽螂醍エ縺ョ譚。鬆縺ォ蠕薙≧繧ゅ縺ィ縺励∪縺吶
5.4 譛ャ螂醍エ縺ョ邨ゆコ縺セ縺溘貅莠縺ォ莨エ縺縲√♀螳「讒倥逶エ縺。縺ォ譛ャ繧ス繝輔ヨ繧ヲ繧ァ繧「縺翫h縺ウ縺昴隍陬ス迚ゥ縺ョ縺吶∋縺ヲ縺ョ菴ソ逕ィ繧剃クュ豁「縺ョ荳顔エ譽縺励ヾun Microsystems, Inc. 縺ォ縺雁ョ「讒倥′蜑崎ソー縺ョ鄒ゥ蜍吶r驕オ螳医@縺溘%縺ィ繧堤「コ險縺吶k譁譖ク繧呈署蜃コ縺吶k繧ゅ縺ィ縺励∪縺吶
7.1 縺雁ョ「讒倥縲∵悽繧ス繝輔ヨ繧ヲ繧ァ繧「縺後>縺九↑繧句次蟄仙鴨譁ス險ュ縺ョ險ュ險医∝サコ險ュ縲∵桃菴懊∽ソ晏ョ医↓菴ソ逕ィ縺輔l繧九h縺險ュ險医&繧後※繧よэ蝗ウ縺輔l縺ヲ繧ゅ>縺ェ縺薙→繧呈価隲セ縺吶k繧ゅ縺ィ縺励∪縺吶4un Microsystems, Inc. 縺ッ縲√°縺九k菴ソ逕ィ縺ク縺ョ驕ゥ蜷域ァ縺ォ蟇セ縺吶k譏守、コ逧縺セ縺溘鮟咏、コ逧菫晁ィシ繧剃ク蛻蜷ヲ隱阪@縺セ縺吶
11.4 Sun 縺梧悽螂醍エ繧堤ウサ蛻嶺シ夂、セ縺ォ隴イ貂。縺吶k縺薙→繧帝勁縺縺ヲ縲√>縺壹l縺ョ蠖謎コ玖繧ゅ∫嶌謇句蠖謎コ玖縺ョ譖ク髱「縺ォ繧医k蜷梧э繧剃コ句燕縺ォ蠕励k縺薙→縺ェ縺上∵悽螂醍エ縺ョ荳九〒縺ョ讓ゥ蛻ゥ縺セ縺溘鄒ゥ蜍吶縺縺壹l繧ょ諡縺励◆繧願ュイ貂。縺励◆繧翫☆繧九%縺ィ縺ッ遖∵ュ「縺輔l縺ヲ縺縺セ縺吶
SUN IS WILLING TO LICENSE STARSUITE (TM), VERSION 7 SOFTWARE, IN BINARY FORM, TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT ("AGREEMENT"). PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE CAREFULLY. BY INSTALLING THIS SOFTWARE, YOU ACCEPT THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY ITS TERMS, SELECT THE "CANCEL" BUTTON AT THE BOTTOM OF THIS PAGE AND THE INSTALLATION PROCESS WILL NOT CONTINUE.
1.0 DEFINITIONS
"Licensed Software" means the StarSuite, Version 7 Software, in binary code form, any other machine readable materials (including, but not limited to, libraries, source files, header files, and data files) and any user manuals, programming guides and other documentation provided to Licensee by Sun Microsystems, Inc. under this Agreement.
2.0 LIMITED LICENSE
Sun Microsystems, Inc. grants to Licensee, a non-exclusive, non-transferable, royalty-free and limited license to reproduce Licensed Software internally for the purposes of evaluation only. No license is granted to Licensee for any other purpose. Licensee may not sell, rent, loan or otherwise encumber or transfer Licensed Software in whole or in part, to any third party.
3.0 LICENSE RESTRICTIONS
3.1 Licensee may not duplicate Licensed Software other than for a single copy of Licensed Software for archival purposes only. Licensee agrees to reproduce any copyright and other proprietary right notices on any such copy.
3.2 Except as otherwise provided by law, Licensee may not modify or create derivative works of the Licensed Software, or reverse engineer, disassemble or decompile binary portions of the Licensed Software, or otherwise attempt to derive the source code from such portions.
3.3 No right, title, or interest in or to Licensed Software, any trademarks, service marks, or trade names of Sun or Sun's licensors is granted under this Agreement.
3.4 Licensee shall have no right to use the Licensed Software for productive or commercial use.
4.0 NO SUPPORT
Sun Microsystems, Inc. is under no obligation to support Licensed Software or to provide Licensee with updates or error corrections (collectively "Software Updates"). If Sun Microsystems, Inc., at its sole option, supplies Software Updates to Licensee, the Software Updates will be considered part of Licensed Software, and subject to the terms of this Agreement.
5.0 TERM AND TERMINATION OF AGREEMENT
5.1 This Agreement will commence on the date on which Licensee receives Licensed Software (the "Effective Date") and will expire ninety (90) days from the Effective Date, unless terminated earlier as provided below.
5.2 Either party may terminate this Agreement upon ten (10) days written notice to the other party. However, Sun may terminate this Agreement immediately should any Licensed Software become, or in Sun's opinion be likely to become, the subject of a claim of infringement of a patent, trade secret or copyright.
5.3 Sun may terminate this Agreement immediately should Licensee materially breach any of its provisions or take any action in derogation of Sun's rights to the Confidential Information licensed to Licensee.
5.4 Upon termination or expiration of this Agreement, Licensee will immediately cease use of and destroy Licensed Software and any copies thereof and provide Sun Microsystems, Inc. a written statement certifying that Licensee has complied with the foregoing obligations.
5.5 Rights and obligations under this Agreement which by their nature should survive, will remain in effect after termination or expiration hereof.
6.0 CONFIDENTIAL INFORMATION
6.1 For purposes of this Agreement, "Confidential Information" means: (i) business and technical information and any source code or binary code which Sun discloses to Licensee related to Licensed Software; and (ii) the terms, conditions, and existence of this Agreement. Licensee may not disclose Confidential Information or use it except for the purposes specified in this Agreement. Licensee will protect the confidentiality of Confidential Information to the same degree of care, but no less than reasonable care, as Licensee uses to protect its own Confidential Information. Licensee's obligations regarding Confidential Information will expire no less than five (5) years from the date of receipt of the Confidential Information, except for Sun source code which will be protected in perpetuity. Licensee agrees that Licensed Software contains trade secrets of Sun.
6.2 Notwithstanding any provisions contained in this Agreement concerning nondisclosure and non-use of the Confidential Information, the nondisclosure obligations of Section 6.1 will not apply to any portion of Confidential Information that a Licensee can demonstrate in writing is: (i) now, or hereafter through no act or failure to act on the part of Licensee becomes, generally known to the general public; (ii) known to Licensee at the time of receiving the Confidential Information without an obligation of confidentiality; (iii) hereafter rightfully furnished to Licensee by a third party without restriction on disclosure; or (iv) independently developed by Licensee without any use of the Confidential Information.
6.3 Licensee must restrict access to Confidential Information to its employees or contractors with a need for this access to perform their employment or contractual obligations and who have agreed in writing to be bound by a confidentiality obligation which incorporates the protections and restrictions substantially as set forth in this Agreement.
7.0 DISCLAIMER OF WARRANTY
7.1 Licensee acknowledges that Licensed Software is not designed or intended for use in the design, construction, operation or maintenance of any nuclear facility. Sun Microsystems, Inc. disclaims any express or implied warranty of fitness for such uses.
7.2 LICENSED SOFTWARE IS PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
8.0 LIMITATION OF LIABILITY
8.1 Licensee acknowledges that the Licensed Software may have defects or deficiencies which cannot or will not be corrected by Sun. Licensee will hold Sun harmless from any claims based on Licensee's use of the Licensed Software for any purposes other than those of internal evaluation, and from any claims that later versions or releases of any Licensed Software furnished to Licensee are incompatible with the Licensed Software provided to Licensee under this Agreement.
8.2 Licensee shall have the sole responsibility to protect adequately and backup Licensee's data and/or equipment used in connection with the Licensed Software. Licensee shall not claim against Sun for lost data, re-run time, inaccurate output, work delays or lost profits resulting from Licensee's use of the Licensed Software.
8.3 To the extent not prohibited by law, in no event will Sun be liable for any indirect, punitive, special, incidental or consequential damage in connection with or arising out of this Agreement (including loss of business, revenue, profits, use, data or other economic advantage), however it arises, whether for breach or in tort, even if that party has been previously advised of the possibility of such damage.
9.0 EXPORT REGULATIONS
All Software and technical data delivered under this Agreement is 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.
10.0 U.S. GOVERNMENT 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 and accompanying
documentation shall be only as set forth in this license; 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).
11.0 GENERAL TERMS
11.1 Any action related to this Agreement will be governed by California law and controlling U.S. federal law. The U.N. Convention for the International Sale of Goods and the choice of law rules of any jurisdiction will not apply.
11.2 Licensed 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. Licensee agrees to comply strictly with all such laws and regulations and acknowledges that it has the responsibility to obtain such licenses to export, re-export or import as may be required after delivery to Licensee.
11.3 It is understood and agreed that, notwithstanding any other provision of this Agreement, Licensee's breach of the provisions of Section 6 of this Agreement will cause Sun irreparable damage for which recovery of money damages would be inadequate, and that Sun will therefore be entitled to seek timely injunctive relief to protect Sun's rights under this Agreement in addition to any and all remedies available at law.
11.4 Neither party may assign or otherwise transfer any of its rights or obligations under this Agreement, without the prior written consent of the other party, except that Sun may assign this Agreement to an affiliated company.
11.5 This Agreement is the parties' entire agreement relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, conditions, 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 to this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
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