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- Java 2 SDK, Standard Edition, v.1.3
- Release Candidate
- Binary Software Evaluation Agreement
-
- Terms of Agreement
-
- SUN IS WILLING TO LICENSE JAVA 2 SDK, STANDARD EDITION, V.1.3,
- RELEASE CANDIDATE SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU
- ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT
- ("AGREEMENT"). PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE
- CAREFULLY. BY INSTALLING THIS SOFTWARE, YOU ACCEPT THE TERMS AND
- CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU ARE NOT WILLING TO BE
- BOUND BY ITS TERMS, SELECT THE "DO NOT ACCEPT" BUTTON AT THE BOTTOM
- OF THIS PAGE AND THE INSTALLATION PROCESS WILL NOT CONTINUE.
-
- 1.0 DEFINITIONS
- "Licensed Software" means the Java 2 SDK, Standard Edition, v.1.3,
- Release Candidate software in binary form, any other machine
- readable materials (including, but not limited to, libraries, source
- files, header files, and data files) and any user manuals,
- programming guides and other documentation provided to Licensee by
- Sun Microsystems, Inc. under this Agreement.
-
- 2.0 LIMITED LICENSE
- Sun Microsystems, Inc. grants to Licensee, a non-exclusive, non-
- transferable, royalty-free and limited license to use Licensed
- Software internally for the purposes of evaluation only. No license
- is granted to Licensee for any other purpose. Licensee may not sell,
- rent, loan or otherwise encumber or transfer Licensed Software in
- whole or in part, to any third party.
-
- 3.0 LICENSE RESTRICTIONS
-
- 3.1 Licensee may not duplicate Licensed Software other than for a
- single copy of Licensed Software for archival purposes only. Licensee
- agrees to reproduce any copyright and other proprietary right notices
- on any such copy.
-
- 3.2 Except as otherwise provided by law, Licensee may not modify or
- create derivative works of the Licensed Software, or reverse engineer,
- disassemble or decompile binary portions of the Licensed Software, or
- otherwise attempt to derive the source code from such portions.
-
- 3.3 No right, title, or interest in or to Licensed Software, any
- trademarks, service marks, or trade names of Sun or Sun's licensors
- is granted under this Agreement.
-
- 3.4 Licensee shall have no right to use the Licensed Software for
- productive or commercial use.
-
- 4.0 NO SUPPORT
- Sun Microsystems, Inc. is under no obligation to support Licensed
- Software or to provide Licensee with updates or error corrections
- (collectively "Software Updates"). If Sun Microsystems, Inc., at its
- sole option, supplies Software Updates to Licensee, the Software
- Updates will be considered part of Licensed Software, and subject to
- the terms of this Agreement.
-
- 5.0 LICENSEE DUTIES
- Licensee agrees to evaluate and test the Licensed Software for use
- with Licensee's products and to provide feedback to Sun's email
- address jdk-comments@sun.com. Sun shall treat any oral or written
- feedback or results of Licensee's testing of the Licensed Software
- which Licensee provides to Sun as Sun's Confidential Information
- (defined in Section 7 below).
-
- 6.0 TERM AND TERMINATION OF AGREEMENT
-
- 6.1 This Agreement will commence on the date on which Licensee
- receives Licensed Software (the "Effective Date") and will expire
- one hundred eighty (180) days from the Effective Date, unless
- terminated earlier as provided below.
-
- 6.2 Either party may terminate this Agreement upon ten (10) days
- written notice to the other party. However, Sun may terminate this
- Agreement immediately should any Licensed Software become, or in Sun's
- opinion be likely to become, the subject of a claim of infringement
- of a patent, trade secret or copyright.
-
- 6.3 Sun may terminate this Agreement immediately should Licensee
- materially breach any of its provisions or take any action in
- derogation of Sun's rights to the Confidential Information licensed to
- Licensee.
-
- 6.4 Upon termination or expiration of this Agreement, Licensee will
- immediately cease use of and destroy Licensed Software and any copies
- thereof and provide Sun Microsystems, Inc. a written statement
- certifying that Licensee has complied with the foregoing obligations.
-
- 6.5 Rights and obligations under this Agreement which by their nature
- should survive, will remain in effect after termination or expiration
- hereof.
-
- 7.0 CONFIDENTIAL INFORMATION
-
- 7.1 For purposes of this Agreement, "Confidential Information" means:
- (i) business and technical information and any source code or binary
- code which Sun discloses to Licensee related to Licensed Software;
- and (ii) the terms, conditions, and existence of this Agreement.
- Licensee may not disclose Confidential Information or use it except
- for the purposes specified in this Agreement. Licensee will protect
- the confidentiality of Confidential Information to the same degree of
- care, but no less than reasonable care, as Licensee uses to protect
- its own Confidential Information. Licensee's obligations regarding
- Confidential Information will expire no less than five (5) years from
- the date of receipt of the Confidential Information, except for Sun
- source code which will be protected in perpetuity. Licensee agrees
- that Licensed Software contains trade secrets of Sun.
-
- 7.2 Notwithstanding any provisions contained in this Agreement
- concerning nondisclosure and non-use of the Confidential Information,
- the nondisclosure obligations of Section 7.1 will not apply to any
- portion of Confidential Information that a Licensee can demonstrate
- in writing is: (i) now, or hereafter through no act or failure to act
- on the part of Licensee becomes, generally known to the general
- public; (ii) known to Licensee at the time of receiving the
- Confidential Information without an obligation of confidentiality;
- (iii) hereafter rightfully furnished to Licensee by a third party
- without restriction on disclosure; or (iv) independently developed by
- Licensee without any use of the Confidential Information.
-
- 7.3 Licensee must restrict access to Confidential Information to its
- employees or contractors with a need for this access to perform their
- employment or contractual obligations and who have agreed in writing
- to be bound by a confidentiality obligation which incorporates the
- protections and restrictions substantially as set forth in this
- Agreement.
-
- 8.0 DISCLAIMER OF WARRANTY
-
- 8.1 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.
-
- 8.2 LICENSED SOFTWARE IS PROVIDED "AS IS". ALL EXPRESS OR IMPLIED
- CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING ANY IMPLIED
- WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
- PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO
- THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
-
- 9.0 LIMITATION OF LIABILITY
-
- 9.1 Licensee acknowledges that the Licensed Software is experimental.
- Licensee acknowledges that the Licensed Software may have defects or
- deficiencies which cannot or will not be corrected by Sun. Licensee
- will hold Sun harmless from any claims based on Licensee's use of the
- Licensed Software for any purposes other than those of internal
- evaluation, and from any claims that later versions or releases of
- any Licensed Software furnished to Licensee are incompatible with the
- Licensed Software provided to Licensee under this Agreement.
-
- 9.2 Licensee shall have the sole responsibility to protect adequately
- and backup Licensee's data and/or equipment used in connection with
- the Licensed Software. Licensee shall not claim against Sun for lost
- data, re-run time, inaccurate output, work delays or lost profits
- resulting from Licensee' use of the Licensed Software.
-
- 9.3 Licensee acknowledges that Sun is under no obligation to release
- the Licensed Software as a product of Sun.
-
- 9.4 Neither party will be liable for any indirect, punitive, special,
- incidental or consequential damage in connection with or arising out
- of this Agreement (including loss of business, revenue, profits, use,
- data or other economic advantage), however it arises, whether for
- breach or in tort, even if that party has been previously advised of
- the possibility of such damage.
-
- 10.0 U.S. GOVERNMENT RIGHTS.
- If Licensed 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
- 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).
-
- 11.0 GENERAL TERMS
-
- 11.1 Any action related to this Agreement will be governed by
- California law and controlling U.S. federal law. The U.N. Convention
- for the International Sale of Goods and the choice of law rules of
- any jurisdiction will not apply.
-
- 11.2 Licensed Software and technical data delivered under this
- Agreement are subject to U.S. export control laws and may be
- subject to export or import regulations in other countries. Licensee
- agrees to comply strictly with all such laws and regulations and
- acknowledges that it has the responsibility to obtain such licenses
- to export, re-export or import as may be required after delivery to
- Licensee.
-
- 11.3 It is understood and agreed that, notwithstanding any other
- provision of this Agreement, Licensee's breach of the provisions of
- Section 7 of this Agreement will cause Sun irreparable damage for
- which recovery of money damages would be inadequate, and that Sun
- will therefore be entitled to seek timely injunctive relief to
- protect Sun's rights under this Agreement in addition to any and all
- remedies available at law.
-
- 11.4 Neither party may assign or otherwise transfer any of its rights
- or obligations under this Agreement, without the prior written consent
- of the other party, except that Sun may assign this Agreement to an
- affiliated company.
-
- 11.5 This Agreement is the parties' entire agreement relating to its
- subject matter. It supersedes all prior or contemporaneous oral or
- written communications, proposals, conditions, 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 to this Agreement will be binding, unless
- in writing and signed by an authorized representative of each party.
-