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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. 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 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
-
- JAVATM 2 RUNTIME ENVIRONMENT VERSION 1.3.0_01 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. License to Distribute. Subject to the terms and
- conditions of this Agreement, including, but not limited
- to, Section 2 (Redistributables) and Section 3 (Java
- 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 you (i) distribute the
- Software complete and unmodified, only as part of, and for
- the sole purpose of running your Java applet or application
- ("Program") into which the Software is incorporated, (ii)
- do not distribute additional software intended to replace
- any component(s) of the Software, (iii) do not remove or
- alter any proprietary legends or notices contained in the
- Software, (iv) only distribute the Program subject to a
- license agreement that protects Sun's interests consistent
- with the terms contained in this Agreement, and (v) 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.
-
- 2. Redistributables. In addition to the license granted in
- Paragraph 1 above, Sun grants you a non-exclusive,
- non-transferable, limited license to reproduce and
- distribute, only as part of Software, those files
- specifically identified as redistributable in the Software
- "README" file (the "Redistributables") provided that: (a)
- you distribute the Redistributables complete and unmodified
- (unless otherwise specified in the applicable README file),
- and only bundled as part of the JavaTM applets and
- applications that you develop (the "Programs:); (b) you do
- not distribute additional software intended to supersede
- any component(s) of the Redistributables; (c) you do not
- remove or alter any proprietary legends or notices
- contained in or on the Redistributables; (d) you only
- distribute the Redistributables pursuant to a license
- agreement that protects Sun's interests consistent with the
- terms contained in the Agreement; and (e) you agree to
- defend and indemnify Sun and its licensor! s 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. 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 a 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 class file naming convention.
-
- 4. Trademarks and Logos. You acknowledge and agree as
- between you and Sun that Sun owns the Java trademark and
- all Java-related trademarks, service marks, logos and other
- brand designations including the Coffee Cup logo and Duke
- logo ("Java 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 Java Marks inures to Sun's benefit.
-
- 5. 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.
-
- 6. Termination. Sun may terminate this Agreement
- immediately should any Software become, or in Sun's opinion
- be likely to become, the subject of a claim of infringement
- of a patent, trade secret, copyright or other intellectual
- property right.
-