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- Sun JavaServer Web Development Kit 1.0.1
- 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
-
- PROGRAM DEVELOPMENT AND SERVLET JAR FILE
- DISTRIBUTION SUPPLEMENTAL LICENSE TERMS
-
- 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 Develop.
-
- Sun grants you a non-exclusive,
- non-transferable, royalty-free limited
- license to use the Software for the
- development of Java TM compatible servlets
- (the "Programs") and reproduce and distribute
- the Programs to third party end users
- provided that you: (i) do not redistribute
- the Software in whole or in part, either
- separately or included in any Program except
- as authorized for the Servlet JAR Files as
- specified in Section 2 below, and (ii) agree
- to indemnify, hold harmless, and defend Sun
- and its licensors from and against any claims
- or lawsuits, including attorney's fees, that
- arise or result from the use or distribution
- of any and all Programs.
-
- 2. License to Distribute.
-
- Sun grants you a non-exclusive,
- non-transferable, royalty-free limited
- license to reproduce and distribute the
- servlet classes contained in the Software in
- the archive files "servlet.jar" and
- "server.jar" ("Servlet JAR Files") to third
- party end users solely as a component of your
- Programs provided that you: (i) distribute
- the Servlet JAR Files complete and unmodified
- in their original Java Archive file; (ii) do
- not distribute additional software intended
- to replace any component(s) of the Servlet
- JAR Files; (iii) do not remove or alter any
- proprietary legends or notices contained in
- or on the Software; (iv) only distribute the
- Servlet JAR Files pursuant to a license
- agreement that protects Sun's interests
- consistent with the terms contained in the
- Agreement; (v) agree to incorporate the most
- current version of the Servlet JAR Files that
- was available from Sun no later than 180 days
- prior to each production release of your
- Program; and (vi) agree to indemnify, hold
- harmless, and defend Sun and its licensors
- from and against any claims or lawsuits,
- including attorney's fees, that arise or
- result from the use or distribution of any
- and all Programs.
-
- 3. 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.
-