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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 OF 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 AND THE INSTALLATION PROCESS WILL NOT
- CONTINUE.
-
- 1. License to Use. Sun Microsystems, Inc. ("Sun") grants you a
- non-exclusive and non-transferable license for the internal use only of the
- accompanying software, 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, or reverse engineer
- Software. You acknowledge that Software is not designed, licensed or
- intended for use in the design, construction, operation or maintenance of
- any nuclear facility. Sun 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.
-
- 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 any 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. 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 C.F.R. 227.7202-4 (for Department of Defense
- (DOD) acquisitions) and with 48 C.F.R. 2.101 and 12.212 (for non-DOD
- acquisitions).
-
- 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 2 RUNTIME ENVIRONMENT (J2RE), VERSION 1.3
-
- SUPPLEMENTAL LICENSE TERMS
-
- These supplemental license terms ("Supplemental Terms") add to or modify
- the terms of the Binary Code License Agreement (collectively, the
- "Agreement"). Capitalized terms not defined in these Supplemental Terms
- shall have the same meanings ascribed to them in the Agreement. These
- Supplemental Terms shall supersede any inconsistent or conflicting terms in
- the Agreement, or in any license contained within the Software.
-
- 1. Software Internal Use and Development License Grant. Subject to the
- terms and conditions of this Agreement, including, but not limited to
- Section 4 (Java(TM) Technology Restrictions) of these Supplemental Terms,
- Sun grants you a non-exclusive, non-transferable, limited license to
- reproduce internally and use internally the binary form of the Software
- complete and unmodified for the sole purpose of designing, developing and
- testing your Java applets and applications intended to run on the Java
- platform ("Programs").
-
- 2. License to Distribute Software. Subject to the terms and conditions of
- this Agreement, including, but not limited to Section 4 (Java (TM)
- Technology Restrictions) of these Supplemental Terms, Sun grants you a
- non-exclusive, non-transferable, limited license to reproduce and
- distribute the Software in binary code form only, provided that (i) you
- distribute the Software complete and unmodified 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, (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.
-
- 3. License to Distribute Redistributables. Subject to the terms and
- conditions of this Agreement, including but not limited to Section 4 (Java
- Technology Restrictions) of these Supplemental Terms, Sun grants you a
- non-exclusive, non-transferable, limited license to reproduce and
- distribute the binary form of 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, (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, and (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.
-
- 4. 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.
-
- 5. Trademarks and Logos. You acknowledge and agree as between you and Sun
- that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE, STAROFFICE, STARPORTAL
- and iPLANET trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE, STAROFFICE,
- STARPORTAL 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.
-
- 6. Source Code. Software may contain source code that 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.
-
- 7. Termination for Infringement. 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.
-
- For inquiries please contact: Sun Microsystems, Inc. 901 San Antonio Road,
- Palo Alto, California 94303
- (Form ID#011801)
-