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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
- 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.
-
- 1. LICENSE TO USE. Sun grants 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"), 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, reverse engineer Software. Software is not
- designed or licensed 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. You
- warrant that you will not use Software for these
- purposes. You may not publish or provide the results
- of any benchmark or comparison tests run on Software
- to any third party without the prior written consent
- of Sun. 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 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. Use,
- duplication, or disclosure by the U.S. Government is
- subject to restrictions set forth in this Agreement
- and as provided in DFARS 227.7202-1 (a) and
- 227.7202-3(a) (1995), DFARS 252.227-7013
- (c)(1)(ii)(Oct 1988), FAR 12.212 (a) (1995), FAR
- 52.227-19 (June 1987), or FAR 52.227-14(ALT III) (June
- 1987), as applicable.
-
- 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(R) 2 SDK, STANDARD EDITION,
- VERSION 1.2.1 SUPPLEMENTAL LICENSE TERMS
-
- These supplemental terms ("Supplement") add to the
- terms of the Binary Code License Agreement
- ("Agreement"). Capitalized terms not defined herein
- shall have the same meanings ascribed to them in the
- Agreement. The Supplement terms shall supersede any
- inconsistent or conflicting terms in the Agreement.
-
- 1. Limited License Grant. Sun grants to you a
- non-exclusive, non-transferable limited license to use
- the Software without fee for evaluation of the
- Software and for development of Java(TM) applets and
- applications provided that you: (i) may not
- re-distribute the Software in whole or in part, either
- separately or included with a product. (ii) may not
- create, or authorize your licensees to create
- additional classes, interfaces, or subpackages that
- are contained in the "java" or "sun" packages or
- similar as specified by Sun in any class file naming
- convention; and (iii) agree to the extent Programs are
- developed which utilize the Windows 95/98 style
- graphical user interface or components contained
- therein, such applets or applications may only be
- developed to run on a Windows 95/98 or Windows NT
- platform. Refer to the Java Runtime Environment
- Version 1.2.1 binary code license
- (http://java.sun.com/products/JDK/1.2/index.html) for
- the availability of runtime code which may be
- distributed with Java applets and applications. 2.
- Java Platform Interface. In the event that Licensee
- creates an additional API(s) which: (i) extends the
- functionality of a Java Environment; and, (ii) is
- exposed to third party software developers for the
- purpose of developing additional software which
- invokes such additional API, Licensee must promptly
- publish broadly an accurate specification for such API
- for free use by all developers.
-
- 3. Trademarks and Logos. This Agreement does not
- authorize Licensee to use any Sun name, trademark or
- logo. Licensee acknowledges as between it and Sun that
- Sun owns the Java trademark and all Java-related
- trademarks, logos and icons including the Coffee Cup
- and Duke ("Java Marks") and agrees to comply with the
- Java Trademark Guidelines at
- http://java.sun.com/trademarks.html.
-
- 4. High Risk Activities. Notwithstanding Section 2,
- with respect to high risk activities, the following
- language shall apply: 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.
-
- 5. Source Code. Software may contain source code
- that is provided solely for reference purposes
- pursuant to the terms of this Agreement.
-
-
-