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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(TM) DEVELOPMENT KIT (JDK(TM)) VERSION 1.2
- 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 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.
-
-
-