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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#90956/Form ID#011801)
-