ftp.msan.hr/ftp.msan.hr.tar/ftp.msan.hr/Drivers/HP/Server/ml150g2supportCD.nrg/Utility/Tools/ml150winasm-2.12.00build811-1.exe/data1.cab/_207BD56890814487AFA0D0F3F2271F44

Text File | 2003-11-19 | 16KB | 248 lines

                           Sun Microsystems, Inc.
                        Binary Code License Agreement

                                   for the

   JAVATM 2 RUNTIME ENVIRONMENT (J2RE), STANDARD EDITION, VERSION 1.4.2_X

SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE SOFTWARE IDENTIFIED
BELOW TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS
CONTAINED IN THIS BINARY CODE LICENSE AGREEMENT AND SUPPLEMENTAL LICENSE
TERMS (COLLECTIVELY "AGREEMENT").  PLEASE READ THE AGREEMENT CAREFULLY.  BY
DOWNLOADING OR INSTALLING THIS SOFTWARE, YOU ACCEPT THE TERMS OF THE
AGREEMENT. INDICATE ACCEPTANCE BY SELECTING THE "ACCEPT" BUTTON AT THE
BOTTOM OF THE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY ALL THE
TERMS, SELECT THE "DECLINE" BUTTON AT THE BOTTOM OF THE AGREEMENT AND THE
DOWNLOAD OR INSTALL PROCESS WILL NOT CONTINUE.

  1. DEFINITIONS. "Software" means the identified above in binary form, any
     other machine readable materials (including, but not limited to,
     libraries, source files, header files, and data files), any updates or
     error corrections provided by Sun, and any user manuals, programming
     guides and other documentation provided to you by Sun under this
     Agreement. "Programs" mean Java applets and applications
     intended to run on the Java 2 Platform, Standard Edition (J2SETM
     platform) platform on Java-enabled general purpose desktop computers
     and servers.

  2. LICENSE TO USE. Subject to the terms and conditions of this Agreement,
     including, but not limited to the Java Technology Restrictions of the
     Supplemental License Terms, Sun grants you a non-exclusive,
     non-transferable, limited license without license fees to reproduce and
     use internally Software complete and unmodified for the sole purpose of
     running Programs. Additional licenses for developers and/or publishers
     are granted in the Supplemental License Terms.

  3. RESTRICTIONS. Software is confidential and copyrighted. Title to
     Software and all associated intellectual property rights is retained by
     Sun and/or its licensors. Unless enforcement is prohibited by
     applicable law, you may not modify, decompile, or reverse engineer
     Software.  You acknowledge that Licensed Software is not designed or
     intended for use in the design, construction, operation or maintenance
     of any nuclear facility. Sun Microsystems, Inc. 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. Additional
     restrictions for developers and/or publishers licenses are set forth in
     the Supplemental License Terms.

  4. 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.
     Any implied warranties on the Software are limited to 90 days. Some
     states do not allow limitations on duration of an implied warranty, so
     the above may not apply to you. This limited warranty gives you
     specific legal rights. You may have others, which vary from state to
     state.

  5. 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.

  6. 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. Some states do
     not allow the exclusion of incidental or consequential damages, so some
     of the terms above may not be applicable to you.

  7. SOFTWARE UPDATES FROM SUN. You acknowledge that at your request or
     consent optional features of the Software may download, install, and
     execute applets, applications, software extensions, and updated
     versions of the Software from Sun ("Software Updates"), which may
     require you to accept updated terms and conditions for installation. If
     additional terms and conditions are not presented on installation, the
     Software Updates will be considered part of the Software and subject to
     the terms and conditions of the Agreement.

  8. SOFTWARE FROM SOURCES OTHER THAN SUN. You acknowledge that, by your use
     of optional features of the Software and/or by requesting services that
     require use of the optional features of the Software, the Software may
     automatically download, install, and execute software applications from
     sources other than Sun ("Other Software"). Sun makes no representations
     of a relationship of any kind to licensors of Other Software. 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 OTHER SOFTWARE, EVEN IF SUN HAS BEEN ADVISED
     OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the
     exclusion of incidental or consequential damages, so some of the terms
     above may not be applicable to you.

  9. 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.
     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.
     Upon Termination, you must destroy all copies of Software.

 10. 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.

 11. TRADEMARKS AND LOGOS. You acknowledge and agree as between you and Sun
     that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET
     trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE, 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.

 12. 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 CFR 227.7201 through
     227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48
     CFR 2.101 and 12.212 (for non-DOD acquisitions).

 13. 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.

 14. 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.

 15. 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.

                         SUPPLEMENTAL LICENSE TERMS

These Supplemental License Terms add to or modify the terms of the Binary
Code License Agreement. Capitalized terms not defined in these Supplemental
Terms shall have the same meanings ascribed to them in the Binary Code
License Agreement . These Supplemental Terms shall supersede any
inconsistent or conflicting terms in the Binary Code License Agreement, or
in any license contained within the Software.

  A. Software Internal Use and Development License Grant. Subject to the
     terms and conditions of this Agreement, including, but not limited to
     the Java Technology Restrictions of these Supplemental Terms, Sun
     grants you a non-exclusive, non-transferable, limited license without
     fees to reproduce internally and use internally the Software complete
     and unmodified for the purpose of designing, developing, and testing
     your Programs.

  B. License to Distribute Software. Subject to the terms and conditions of
     this Agreement, including, but not limited to the Java Technology
     Restrictions of these Supplemental Terms, Sun grants you a
     non-exclusive, non-transferable, limited license without fees to
     reproduce and distribute the Software, provided that (i) you distribute
     the Software complete and unmodified (unless otherwise specified in the
     applicable README file) 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 (unless otherwise specified in the applicable README file),
     (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.

  C. License to Distribute Redistributables. Subject to the terms and
     conditions of this Agreement, including but not limited to the Java
     Technology Restrictions of these Supplemental Terms, Sun grants you a
     non-exclusive, non-transferable, limited license without fees to
     reproduce and distribute those files specifically identified as
     redistributable in the Software "README" file ("Redistributables")
     provided that: (i) you distribute the Redistributables complete and
     unmodified (unless otherwise specified in the applicable README file),
     and only bundled as part of Programs, (ii) you do not distribute
     additional software intended to supersede any component(s) of the
     Redistributables (unless otherwise specified in the applicable README
     file), (iii) you do not remove or alter any proprietary legends or
     notices contained in or on the Redistributables, (iv) you only
     distribute the Redistributables pursuant to a license agreement that
     protects Sun's interests consistent with the terms contained in the
     Agreement, (v) 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.

  D. 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.

  E. Source Code. Software may contain source code that, unless expressly
     licensed for other purposes, 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.

  F. Third Party Code. Additional copyright notices and license terms
     applicable to portions of the Software are set forth in the
     THIRDPARTYLICENSEREADME.txt file. In addition to any terms and
     conditions of any third party opensource/freeware license identified in
     the THIRDPARTYLICENSEREADME.txt file, the disclaimer of warranty and
     limitation of liability provisions in paragraphs 5 and 6 of the Binary
     Code License Agreement shall apply to all Software in this
     distribution.

For inquiries please contact: Sun Microsystems, Inc., 4150 Network Circle,
Santa Clara, California 95054, U.S.A.
(LFI#135003/Form ID#011801)