Chip 2003 April/Chip_2003-04_cd1.bin/internet/root/root_demo/licence/j2re.txt

Text File | 2003-01-27 | 14KB | 217 lines

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#119611/Form ID#011801)