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- 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 "DECLINE" BUTTON AT THE END OF THIS AGREEMENT AND THE
- INSTALLATION PROCESS WILL NOT CONTINUE.
-
- 1. License to Use. Sun Microsystems, Inc. ("Sun") grants you a
- non-exclusive and non-transferable license for the internal use only of
- the accompanying software, documentation and any error corrections
- provided by Sun (collectively "Software"), by the number of users and the
- class of computer hardware for which the corresponding fee has been paid.
-
- 2. Restrictions. Software is confidential and copyrighted. Title to
- Software and all associated intellectual property rights is retained by
- Sun and/or its licensors. Except as specifically authorized in any
- Supplemental License Terms, you may not make copies of Software, other
- than a single copy of Software for archival purposes. Unless enforcement
- is prohibited by applicable law, you may not modify, decompile, or
- reverse engineer Software. You acknowledge that Software is not designed,
- licensed or intended for use 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
- Software media or refund the fee paid for 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 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 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 any technical data delivered
- under this Agreement are subject to US 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 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 Software
- and accompanying documentation will be only as set forth in this
- Agreement; this is in accordance with 48 C.F.R. 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 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
-
- JAVA 2 RUNTIME ENVIRONMENT (J2RE), VERSION 1.3
- SUPPLEMENTAL LICENSE TERMS
-
- These supplemental license terms ("Supplemental Terms") add to or modify
- the terms of the Binary Code License Agreement (collectively, the
- "Agreement"). Capitalized terms not defined in these Supplemental Terms
- shall have the same meanings ascribed to them in the Agreement. These
- Supplemental Terms shall supersede any inconsistent or conflicting terms
- in the Agreement, or in any license contained within the Software.
-
- 1. Software Internal Use and Development License Grant. Subject to the
- terms and conditions of this Agreement, including, but not limited to
- Section 3 (Java(TM) Technology Restrictions) of these Supplemental Terms,
- Sun grants you a non-exclusive, non-transferable, limited license to
- reproduce internally and use internally the binary form of the Software
- complete and unmodified for the sole purpose of designing, developing and
- testing your Java applets and applications intended to run on the Java
- platform ("Programs").
-
- 2. License to Distribute Software. Subject to the terms and conditions of
- this Agreement, including, but not limited to Section 3 (Java (TM)
- Technology Restrictions) of these Supplemental Terms, Sun grants you a
- non-exclusive, non-transferable, limited license to reproduce and
- distribute the Software in binary code form only, provided that (i) you
- distribute the Software complete and unmodified and only bundled as part
- of, and for the sole purpose of running, your Programs, (ii) the
- Programs add significant and primary functionality to the Software, (iii)
- you do not distribute additional software intended to replace any
- component(s) of the Software, (iv) you do not remove or alter any
- proprietary legends or notices contained in the Software, (v) you only
- distribute the Software subject to a license agreement that protects
- Sun's interests consistent with the terms contained in this Agreement,
- and (vi) you agree to defend and indemnify Sun and its licensors from and
- against any!
- damages, costs, liabilities, settlement amounts and/or expenses
- (including attorneys' fees) incurred in connection with any claim,
- lawsuit or action by any third party that arises or results from the use
- or distribution of any and all Programs and/or Software.
-
- 3. Java Technology Restrictions. You may not modify the Java Platform
- Interface ("JPI", identified as classes contained within the "java"
- package or any subpackages of the "java" package), by creating additional
- classes within the JPI or otherwise causing the addition to or
- modification of the classes in the JPI. In the event that you create an
- additional class and associated API(s) which (i) extends the
- functionality of the Java platform, and (ii) is exposed to third party
- software developers for the purpose of developing additional software
- which invokes such additional API, you must promptly publish broadly an
- accurate specification for such API for free use by all developers. You
- may not create, or authorize your licensees to create, additional
- classes, interfaces, or subpackages that are in any way identified as
- "java", "javax", "sun" or similar convention as specified by Sun in any
- naming convention designation.
-
- 4. Trademarks and Logos. You acknowledge and agree as between you and Sun
- that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE, STAROFFICE, STARPORTAL
- and iPLANET trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE,
- STAROFFICE, STARPORTAL and iPLANET-related trademarks, service marks,
- logos and other brand designations ("Sun Marks"), and you agree to comply
- with the Sun Trademark and Logo Usage Requirements currently located at
- http://www.sun.com/policies/trademarks. Any use you make of the Sun Marks
- inures to Sun's benefit.
-
- 5. Source Code. Software may contain source code that is provided solely
- for reference purposes pursuant to the terms of this Agreement. Source
- code may not be redistributed unless expressly provided for in this
- Agreement.
-
- 6. Termination for Infringement. Either party may terminate this
- Agreement immediately should any Software become, or in either party's
- opinion be likely to become, the subject of a claim of infringement of
- any intellectual property right.
- For inquiries please contact: Sun Microsystems, Inc. 901 San Antonio
- Road, Palo Alto, California 94303
-