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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, or reverse engineer
- Software. Licensee acknowledges 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.
-
- 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. 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).
-
- 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.
-
- JAVA(TM) 2 SOFTWARE DEVELOPMENT KIT (J2SDK), STANDARD EDITION,
- VERSION 1.4.1_X
- 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 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.
-
- 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 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 binary
- form of the Software complete and unmodified for the sole
- purpose of designing, developing, testing, and running your
- Java applets and applications intended to run on
- Java-enabled general purpose desktop computers and servers
- ("Programs").
-
- 2. License to Distribute Software. 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 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. (vi)
- include the following statement as part of product
- documentation (whether hard copy or electronic), as a part
- of a copyright page or proprietary rights notice page, in
- an "About" box or in any other form reasonably designed to
- make the statement visible to users of the Software: "This
- product includes code licensed from RSA Security, Inc.",
- and (vii) include the statement, "Some portions licensed
- from IBM are available at
- http://oss.software.ibm.com/icu4j/".
-
- 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 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, (vi) include the following
- statement as part of product documentation (whether hard
- copy or electronic), as a part of a copyright page or
- proprietary rights notice page, in an "About" box or in any
- other form reasonably designed to make the statement
- visible to users of the Software: "This product includes
- code licensed from RSA Security, Inc.", and (vii) include
- the statement, "Some portions licensed from IBM are
- available at http://oss.software.ibm.com/icu4j/".
-
- 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. Notice of Automatic Software Updates from Sun. You
- acknowledge that the Software may automatically 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.
-
- 6. Notice of Automatic Downloads. You acknowledge that, by
- your use of the Software and/or by requesting services that
- require use 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.
-
- 7. Distribution by Publishers. This section pertains to
- your distribution of the Software with your printed book or
- magazine (as those terms are commonly used in the industry)
- relating to Java technology ("Publication"). Subject to and
- conditioned upon your compliance with the restrictions and
- obligations contained in the Agreement, in addition to the
- license granted in Paragraph 1 above, Sun hereby grants to
- you a non-exclusive, nontransferable limited right to
- reproduce complete and unmodified copies of the Software on
- electronic media (the "Media") for the sole purpose of
- inclusion and distribution with your Publication(s),
- subject to the following terms: (i) You may not distribute
- the Software on a stand-alone basis; it must be distributed
- with your Publication(s); (ii) You are responsible for
- downloading the Software from the applicable Sun web site;
- (iii) You must refer to the Software as JavaTM 2 Software
- Development Kit, Standard Edition, Version 1.4.1; (iv) The
- Software must be reproduced in its entirety and without any
- modification whatsoever (including, without limitation, the
- Binary Code License and Supplemental License Terms
- accompanying the Software and proprietary rights notices
- contained in the Software); (v) The Media label shall
- include the following information: Copyright 2002, Sun
- Microsystems, Inc. All rights reserved. Use is subject to
- license terms. Sun, Sun Microsystems, the Sun logo,
- Solaris, Java, the Java Coffee Cup logo, J2SE , and all
- trademarks and logos based on Java are trademarks or
- registered trademarks of Sun Microsystems, Inc. in the
- U.S. and other countries. This information must be placed
- on the Media label in such a manner as to only apply to the
- Sun Software; (vi) You must clearly identify the Software
- as Sun's product on the Media holder or Media label, and
- you may not state or imply that Sun is responsible for any
- third-party software contained on the Media; (vii) You may
- not include any third party software on the Media which is
- intended to be a replacement or substitute for the
- Software; (viii) You shall indemnify Sun for all damages
- arising from your failure to comply with the requirements
- of this Agreement. In addition, you shall defend, at your
- expense, any and all claims brought against Sun by third
- parties, and shall pay all damages awarded by a court of
- competent jurisdiction, or such settlement amount
- negotiated by you, arising out of or in connection with
- your use, reproduction or distribution of the Software
- and/or the Publication. Your obligation to provide
- indemnification under this section shall arise provided
- that Sun: (i) provides you prompt notice of the claim; (ii)
- gives you sole control of the defense and settlement of the
- claim; (iii) provides you, at your expense, with all
- available information, assistance and authority to defend;
- and (iv) has not compromised or settled such claim without
- your prior written consent; and (ix) You shall provide Sun
- with a written notice for each Publication; such notice
- shall include the following information: (1) title of
- Publication, (2) author(s), (3) date of Publication, and
- (4) ISBN or ISSN numbers. Such notice shall be sent to Sun
- Microsystems, Inc., 4150 Network Circle, M/S USCA12-110,
- Santa Clara, California 95054, U.S.A , Attention:
- Contracts Administration.
-
- 8. 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.
-
- 9. 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.
-
- 10. 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., 4150
- Network Circle, Santa Clara, California 95054, U.S.A
- (LFI#124423/Form ID#011801)
-