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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#99458/Form ID#011801)
-