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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 OF 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 AND THE
- INSTALLATION PROCESS WILL NOT CONTINUE.
-
-
- 1. License to Use. Sun Microsystems, Inc. ("Sun") grants you a non-exclusive
- and non-transferable license for the internal use only of the accompanying
- software, 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 any 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 C.F.R. 227.7202-4 (for Department of Defense (DOD)
- acquisitions) and with 48 C.F.R. 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
-
-
- JAVA 2 RUNTIME ENVIRONMENT (J2RE), VERSION 1.3.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(TM) 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 (TM) 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 (i) you distribute the Software complete
- and unmodified 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, (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.
-
- 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 the binary form of
- 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, (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, and (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.
-
- 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. 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.
-
- 6. 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.
-
- 7. 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. 901 San Antonio Road,
- Palo Alto, California 94303 (LFI#107241/Form ID#011801)
-