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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.
-
- JAVATM 2 RUNTIME ENVIRONMENT (J2RE),
- 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 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 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
- Technology Restrictions) of these Supplemental Terms, Sun grants you a
- non-exclusive, non-transferable, limited license 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 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. 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.
-
- 8. 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.
-
- 9. 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#113729/Form
- ID#011801)
-
-