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- Sun Microsystems, Inc.
- Binary Code License Agreement
-
- for the
-
- JAVATM 2 RUNTIME ENVIRONMENT (J2RE), STANDARD EDITION, VERSION 1.4.2_X
-
- SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE SOFTWARE IDENTIFIED
- BELOW TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS
- CONTAINED IN THIS BINARY CODE LICENSE AGREEMENT AND SUPPLEMENTAL LICENSE
- TERMS (COLLECTIVELY "AGREEMENT"). PLEASE READ THE AGREEMENT CAREFULLY. BY
- DOWNLOADING OR INSTALLING THIS SOFTWARE, YOU ACCEPT THE TERMS OF THE
- AGREEMENT. INDICATE ACCEPTANCE BY SELECTING THE "ACCEPT" BUTTON AT THE
- BOTTOM OF THE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY ALL THE
- TERMS, SELECT THE "DECLINE" BUTTON AT THE BOTTOM OF THE AGREEMENT AND THE
- DOWNLOAD OR INSTALL PROCESS WILL NOT CONTINUE.
-
- 1. DEFINITIONS. "Software" means the identified above in binary form, any
- other machine readable materials (including, but not limited to,
- libraries, source files, header files, and data files), any updates or
- error corrections provided by Sun, and any user manuals, programming
- guides and other documentation provided to you by Sun under this
- Agreement. "Programs" mean Java applets and applications
- intended to run on the Java 2 Platform, Standard Edition (J2SETM
- platform) platform on Java-enabled general purpose desktop computers
- and servers.
-
- 2. LICENSE TO USE. Subject to the terms and conditions of this Agreement,
- including, but not limited to the Java Technology Restrictions of the
- Supplemental License Terms, Sun grants you a non-exclusive,
- non-transferable, limited license without license fees to reproduce and
- use internally Software complete and unmodified for the sole purpose of
- running Programs. Additional licenses for developers and/or publishers
- are granted in the Supplemental License Terms.
-
- 3. RESTRICTIONS. Software is confidential and copyrighted. Title to
- Software and all associated intellectual property rights is retained by
- Sun and/or its licensors. Unless enforcement is prohibited by
- applicable law, you may not modify, decompile, or reverse engineer
- Software. You acknowledge 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. Additional
- restrictions for developers and/or publishers licenses are set forth in
- the Supplemental License Terms.
-
- 4. 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.
- Any implied warranties on the Software are limited to 90 days. Some
- states do not allow limitations on duration of an implied warranty, so
- the above may not apply to you. This limited warranty gives you
- specific legal rights. You may have others, which vary from state to
- state.
-
- 5. 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.
-
- 6. 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. Some states do
- not allow the exclusion of incidental or consequential damages, so some
- of the terms above may not be applicable to you.
-
- 7. SOFTWARE UPDATES FROM SUN. You acknowledge that at your request or
- consent optional features of the Software may 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.
-
- 8. SOFTWARE FROM SOURCES OTHER THAN SUN. You acknowledge that, by your use
- of optional features of the Software and/or by requesting services that
- require use of the optional features 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. Some states do not allow the
- exclusion of incidental or consequential damages, so some of the terms
- above may not be applicable to you.
-
- 9. 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.
- 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.
- Upon Termination, you must destroy all copies of Software.
-
- 10. 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.
-
- 11. 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.
-
- 12. 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).
-
- 13. 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.
-
- 14. 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.
-
- 15. 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.
-
- SUPPLEMENTAL LICENSE TERMS
-
- These Supplemental License Terms add to or modify the terms of the Binary
- Code License Agreement. Capitalized terms not defined in these Supplemental
- Terms shall have the same meanings ascribed to them in the Binary Code
- License Agreement . These Supplemental Terms shall supersede any
- inconsistent or conflicting terms in the Binary Code License Agreement, or
- in any license contained within the Software.
-
- A. Software Internal Use and Development License Grant. Subject to the
- terms and conditions of this Agreement, including, but not limited to
- the Java Technology Restrictions of these Supplemental Terms, Sun
- grants you a non-exclusive, non-transferable, limited license without
- fees to reproduce internally and use internally the Software complete
- and unmodified for the purpose of designing, developing, and testing
- your Programs.
-
- B. License to Distribute Software. Subject to the terms and conditions of
- this Agreement, including, but not limited to the Java Technology
- Restrictions of these Supplemental Terms, Sun grants you a
- non-exclusive, non-transferable, limited license without fees 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.
-
- C. License to Distribute Redistributables. Subject to the terms and
- conditions of this Agreement, including but not limited to the Java
- Technology Restrictions of these Supplemental Terms, Sun grants you a
- non-exclusive, non-transferable, limited license without fees 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.
-
- D. 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.
-
- E. Source Code. Software may contain source code that, unless expressly
- licensed for other purposes, 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.
-
- F. Third Party Code. Additional copyright notices and license terms
- applicable to portions of the Software are set forth in the
- THIRDPARTYLICENSEREADME.txt file. In addition to any terms and
- conditions of any third party opensource/freeware license identified in
- the THIRDPARTYLICENSEREADME.txt file, the disclaimer of warranty and
- limitation of liability provisions in paragraphs 5 and 6 of the Binary
- Code License Agreement shall apply to all Software in this
- distribution.
-
- For inquiries please contact: Sun Microsystems, Inc., 4150 Network Circle,
- Santa Clara, California 95054, U.S.A.
- (LFI#135003/Form ID#011801)
-