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- Sun Microsystems, Inc.
- Binary Code License Agreement
-
- PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE
- INSTALLING SUN'S NATIVE THREADS PACK VERSION 1.1.6 SOFTWARE
- ("SOFTWARE"). BY INSTALLING THE SOFTWARE YOU AGREE TO THE TERMS AND
- CONDITIONS OF THE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY
- THEM, DO NOT INSTALL THE SOFTWARE.
-
- SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE SOFTWARE
- (WHICH SHALL INCLUDE ANY ACCOMPANYING DOCUMENTATION) TO YOU
- ("CUSTOMER") ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS
- CONTAINED IN THIS LICENSE AGREEMENT ("AGREEMENT").
-
- 1. License to Use. Sun grants to Customer a royalty-free, non-exclusive
- and non-transferable license to reproduce and distribute the Software
- provided that Customer distributes the Software in its entirety and
- without modification, and only when installed in version 1.1.6 of the
- Java Runtime Environment ("JRE") or in version 1.1.6 of the Java
- Development Kit ("JDK"), the distribution of which is subject to
- separate license agreements.
-
- 2. Restrictions. Software is copyrighted and title to Software and all
- associated intellectual property rights is retained by Sun and/or its
- licensors. You may not copy Software to additional servers, other than
- a single copy for archival purposes. Software is confidential
- information of Sun. Unless prohibited by applicable law, you may not
- modify, decompile, disassemble, decrypt, extract, or otherwise reverse
- engineer Software. Software is not designed or licensed for use in
- on-line control of aircraft, air traffic, aircraft of navigation or
- aircraft communications; or in the design, construction, operation or
- maintenance of any nuclear facility. 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.
-
- 3. Trademarks and Logos.This Agreement does not authorize Customer to
- use any Sun name, trademark or logo. Customer acknowledges 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:
- (i) comply with the Java Trademark Guidelines at
- http://java.sun.com/trademarks.html; (ii) not do anything harmful to or
- inconsistent with Sun's rights in the Java Marks; and (iii) assist Sun
- in protecting those rights, including assigning to Sun any rights
- acquired by Customer in any Java Mark.
-
- 4. Disclaimer of Warranty. THE SOFTWARE IS PROVIDED "AS IS." 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 SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
-
- 5. Limitation of Liability. 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 AND
- REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR
- INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE
- POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO
- NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE
- LIMITATIONS MAY NOT APPLY TO YOU. 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. The foregoing limitations
- will apply even if the above stated warranty fails of its essential
- purpose.
-
- 6. Term and Termination. This Agreement shall commence on the date of
- its execution and shall terminate upon the termination of that version
- of the JRE or JDK, in accordance with their respective license terms,
- with which the Software is distributed, unless terminated earlier in
- accordance with this Paragraph 6. 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, including 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.
-
- 8. U.S. Government Restricted Rights. Rights in Data: If procured by,
- or provided to, the U.S. Government, other than the Department of
- Defense ("DOD"), the use, duplication, or disclosure of technical data
- is subject to restrictions as set forth in FAR 52.227-14(g)(2), Rights
- in Data-General (June 1987); and for computer software and computer
- software documentation, FAR 52-227-19, Commercial Computer Software-
- Restricted Rights (June 1987). If procured by, or provided to, the DOD,
- the use, duplication, or disclosure of technical data is subject to
- DFARS 252.227-7015(b), Technical Data-Commercial Items (June 1995); and
- for computer software and computer software documentation, as specified
- in the license under which the computer software was procured pursuant
- to DFARS 227.7202-3(a). Licensee may not provide Software or technical
- data to any third party, including the U.S. Government, unless such
- third party accepts the same restrictions. Licensee is responsible for
- ensuring that proper notice is given to all such third parties and that
- the Software and technical data are properly marked.
-
- 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. 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 inquires please contact:
- Sun Microsystems, Inc.
- 901 San Antonio Road
- Palo Alto, California 94303
-