home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
Java 1996 August
/
Java - Summer 1996.iso
/
docs
/
source_license
< prev
next >
Wrap
Text File
|
1996-07-22
|
10KB
|
244 lines
CHECKLIST FOR JAVA(tm) INTERNAL NONCOMMERCIAL USE SOURCE LICENSE
To avoid unnecessary delays in the processing of your license:
1. Type or print (IN CAPITAL LETTERS) all information legibly.
2. Sign and fill in all the information in the LICENSEE section (right
side) only. Electronic signatures will not be accepted.
3. VERIFY YOUR EMAIL ADDRESS. Downloading instructions will be sent to
ou by email - be sure it is legible.
4. If you are designating another recipient to receive the source code,
you may authorize this by filling in the requested information in the
LICENSEE section.
5. Make no additions or changes to the license.
6. Indicate a distribution format.
7. Return the entire license (Sections 1 through 10) by fax to: (408)
343-1483 or by mail to:
JavaSoft - Licensing Department
2550 Garcia Avenue, M/S CUP01-303
Mountain View, California 94043-1100
8. If you have any questions, please send an e-mail to
src-admin@java.sun.com.
JAVA(tm) INTERNAL NONCOMMERCIAL USE SOURCE LICENSE
1.0 LICENSE GRANT
1.1 Sun grants to you ("Licensee") a nontransferable, nonexclusive,
royalty-free, limited license to use a copy of the Java Source Code
("Licensed Software") in the United States, Canada, Japan and the
European Union, at the location identified below, for internal
evaluation, research and educational purposes only, including the right
to: (i) modify only the Platform Dependent Portion of the Licensed
Software to create ports; and (ii) compile the Licensed Software and
such ports. Other than the limited rights granted in this License,
Licensee acquires no right, title or interest in or to the Licensed
Software, and Licensee shall have no right to distribute the Source
Code of the Licensed Software, except that Licensee may post to the
internet only those modifications to the Source Code created by
Licensee during porting (i.e., diffs). Sun owns all modifications,
enhancements and bug fixes made by or for Licensee to the Licensed
Software. Licensee shall retain all rights to any software such as
applets and applications that are independently developed by Licensee
without use of the Licensed Software. In the event that Licensee
creates additional classes or otherwise extends the public programming
interface to the Licensed Software, Licensee must promptly publish an
accurate specification for such extensions for free use by third party
developers of Java-based software. If Licensee desires that its use of
the Licensed Software be for commercial or productive use such as
product development or product or customer support, Licensee must
execute a commercial license agreement with Sun.
1.2 Sun grants to Licensee the royalty-free right to distribute
binary code developed and compiled from the Licensed Software in
accordance with Subsection 1.1 above ("Derived Binaries"), provided
that: (i) Derived Binaries are not integrated, bundled, combined or
associated in any way with a product, (ii) there is no charge
associated with such distribution, (iii) Derived Binaries are fully
compatible with the then-current version of the publicly available test
suite supplied by Sun which verifies Java compatibility ("JavaTest
Suite") and must remain compatible with subsequent versions of the
JavaTest Suites and upgraded Licensed Software, and (iv) Derived
Binaries are distributed subject to a license agreement containing
terms and conditions at least as protective of Sun as those included in
the binary code license used by Sun for internet distribution of the
Java binaries. In the event that Licensee desires that such
distribution be fee-based, or be associated with a product, Licensee
must execute a commercial license agreement with Sun.
1.3 This License, including any licenses and rights granted
hereunder, the Licensed Software and Derived Binaries may not be sold,
leased, assigned, sublicensed or otherwise transferred, in whole or in
part, by Licensee. Sun is under no obligation to provide maintenance or
support for the Licensed Software, or to notify Licensee of upgrades to
the Test Suites or Licensed Software. If Sun, in its sole discretion,
makes upgrades generally available, use of such upgrades by Licensee
will be subject to the terms of this License.
2.0 COPYRIGHTS AND TRADEMARKS
2.1 Licensee shall reproduce and apply any copyright or other
proprietary rights notices included on or embedded in Licensed Software
to any copies of Licensed Software or Derived Binaries, in whole or in
part, in any form.
2.2 Licensee acknowledges that Sun owns all Java-related
trademarks, logos and icons ("Java Marks") and agrees to: (i) not use
Java Marks in the names of internet domains or businesses, or applets,
applications implementations, ports, modifications, classes,
extensions, Derived Binaries or other software, developed with or from
the Licensed Software ("Apps"); (ii) not use Java-related logos or
icons in Apps, webpages or other marketing materials, except as may be
authorized separately by Sun; (iii) follow the Java Trademark
Guidelines (see http://java.sun.com/trademarks.html); and (iv) assign
to Sun any rights acquired by Licensee in any Java Mark.
3.0 FEES
Use of Licensed Software in accordance with the terms of this License
shall not require payment of a license fee.
4.0 TERM AND TERMINATION
4.1 This License shall commence on the date it is signed by Sun,
and expire three (3) years thereafter.
4.2 Sun may immediately terminate this License upon written notice
to Licensee, if Licensee fails to comply with any of the material terms
or conditions of this License. Upon termination of this License, use of
all Licensed Software by Licensee shall be immediately discontinued,
all copies of Licensed Software shall be destroyed by Licensee, and the
License granted hereunder shall expire.
5.0 DISCLAIMER OF WARRANTY
5.1 Licensed Software is provided "AS IS" and without any warranty
of any kind, and Licensee accepts all risks and liabilities associated
with its use of Licensed Software.
5.2 SUN DOES NOT MAKE AND HEREBY DISCLAIMS ANY EXPRESS OR IMPLIED
WARRANTIES RELATING TO THE LICENSED SOFTWARE, INCLUDING BUT NOT LIMITED
TO, WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, OR ANY WARRANTIES THAT MIGHT ARISE FROM A COURSE OF
DEALING, USAGE OR TRADE PRACTICE.
6.0 LIMITATION OF LIABILITY
6.1 In no event will Sun be liable for any lost revenues, data, or
profits, or direct, indirect, special, punitive or consequential
damages, even if Sun has been advised of the possibility or probability
of such damages.
6.2 Licensed Software is not fault-tolerant and is not designed,
manufactured or intended for use in on-line control equipment in
hazardous environments requiring fail-safe performance, such as in the
operation of nuclear facilities, aircraft navigation or communication
systems, air traffic control, direct life support machines, or weapons
systems, in which the failure of Licensed Software or Derived Binaries
could lead directly to death, personal injury, or severe physical or
environmental damage ("High Risk Activities"). Sun specifically
disclaims any express or implied warranty of fitness for High Risk
Activities. Licensee will not use, distribute or resell the Licensed
Software or Derived Binaries for High Risk Activities and will ensure
that its licensees of Derived Binaries are provided with a copy of the
notice specified in the first sentence of this Subsection 6.2.
7.0 CONFIDENTIAL INFORMATION
Licensed Software is the confidential and proprietary information of
Sun Microsystems, Inc. ("Confidential Information"). Licensee shall
not disclose Confidential Information and shall use it only for
purposes specifically permitted by this License. This License will not
affect any other confidential disclosure agreement between the
parties.
8.0 EXPORT
Licensee shall not export, re-export or transfer, whether directly or
indirectly, Licensed Software or Derived Binaries or direct products
thereof, to any person or company who is a legal resident or is
controlled by a legal resident of any proscribed country listed in the
U.S. Export Administration Regulations (or any equivalent thereof)
unless properly authorized by the U.S. Government.
9.0 U.S. GOVERNMENT RESTRICTED RIGHTS
Licensed Software is provided with RESTRICTED RIGHTS. Use, duplication,
or disclosure by the Government is subject to the restrictions as set
forth in subparagraph (c) (1) (ii) of the Rights in Technical Data and
Computer Software Clause as DFARS 252.227-7013 and FAR 52.227-19, as
applicable. Manufacturer is Sun Microsystems, Inc., 2550 Garcia Avenue,
Mountain View, California 94043-1100.
10.0 GOVERNING LAW
Any action related to this License will be governed by California law,
excluding choice of law rules.
SUN MICROSYSTEMS, INC. LICENSEE
by and through its JavaSoft business unit
Company:_______________________________
(If Applicable)
By:____________________________ By:____________________________________
(Signature) (Signature)
Name:__________________________ Name:__________________________________
(Printed or Typed) (Printed or Typed)
Title:_________________________ Title:_________________________________
Date:__________________________ Date:__________________________________
Licensee's EMail:______________________
Phone:_________________________________
Fax:___________________________________
Address (Where Licensed Software Will
Be Used):______________________________
_______________________________________
_______________________________________
_______________________________________
Name and contact information of LICENSEE's
authorized recipient of source release, if
different from signatory to this License:
Name:__________________________________________
EMail:_________________________________________
Phone:_________________________________________
Fax:___________________________________________
Distribution Format (choose one only):
Zip file:_____________________________
Gzipped tar file:_____________________
Compressed tar file:__________________
5/1/96 Rev.3.0