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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. 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.
- 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.
-
- For inquiries please contact: Sun Microsystems,
- Inc. 901 San Antonio Road, Palo Alto, California
- 94303
-
-
- SUPPLEMENTAL LICENSE TERMS
- JDBCTM 2.0 INTERFACE CLASSES
-
- These supplemental license terms ("Supplement")
- add to or modify the terms of the Binary Code
- License Agreement (collectively, the
- "Agreement"). Capitalized terms not defined in
- this Supplement shall have the same meanings
- ascribed to them in the Agreement. These
- Supplement terms shall supersede any inconsistent
- or conflicting terms in the Agreement, or in any
- license contained within the Software.
-
- 1. License to Distribute. Sun grants you a
- non-exclusive, non-transferable, limited license
- to reproduce and distribute the binary and/or
- source code form of the Software to third party
- end users through multiple tiers of distribution,
- provided that you: (i) distribute the Software
- complete and unmodified in its original Java
- Archive file, and only bundled as a part of your
- program that incorporates the Software
- ("Program"); (ii) do not distribute additional
- software intended to replace any component(s) of
- the Software; (iii) agree to incorporate the most
- current version of the Software that was available
- from Sun no later than 180 days prior to each
- production release of the Program; (iv) do not
- remove or alter any proprietary legends or notices
- contained in or on the Software; (v) only
- distribute the Program pursuant to a license
- agreement that protects Sun's interest consistent
- with the terms contained in the Agreement; (vi)
- may not create, or authorize your licensees to cr!
- eate additional classes, interfaces, or
- subpackages that are contained in the "java"
- "javax" or "sun" packages or similar as specified
- by Sun in any class file naming convention; and
- (vii) 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.
-
- 2. Trademarks and Logos. You acknowledge as
- between you 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 agree to comply with the Java
- Trademark Guidelines at
- http://java.sun.com/trademarks.html.
-
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