home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
PC World 1998 October
/
PCWorld_1998-10_cd.bin
/
software
/
prehled
/
inprise
/
JRUNTIME.Z
/
LICENSE.NTP
< prev
next >
Wrap
Text File
|
1998-05-08
|
7KB
|
117 lines
Sun Microsystems, Inc.
Binary Code License Agreement
PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE
INSTALLING SUN'S NATIVE THREADS PACK VERSION 1.1.6 SOFTWARE
("SOFTWARE"). BY INSTALLING THE SOFTWARE YOU AGREE TO THE TERMS AND
CONDITIONS OF THE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY
THEM, DO NOT INSTALL THE SOFTWARE.
SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE SOFTWARE
(WHICH SHALL INCLUDE ANY ACCOMPANYING DOCUMENTATION) TO YOU
("CUSTOMER") ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS
CONTAINED IN THIS LICENSE AGREEMENT ("AGREEMENT").
1. License to Use. Sun grants to Customer a royalty-free, non-exclusive
and non-transferable license to reproduce and distribute the Software
provided that Customer distributes the Software in its entirety and
without modification, and only when installed in version 1.1.6 of the
Java Runtime Environment ("JRE") or in version 1.1.6 of the Java
Development Kit ("JDK"), the distribution of which is subject to
separate license agreements.
2. Restrictions. Software is copyrighted and title to Software and all
associated intellectual property rights is retained by Sun and/or its
licensors. You may not copy Software to additional servers, other than
a single copy for archival purposes. Software is confidential
information of Sun. Unless prohibited by applicable law, you may not
modify, decompile, disassemble, decrypt, extract, or otherwise reverse
engineer Software. Software is not designed or licensed for use in
on-line control of aircraft, air traffic, aircraft of navigation or
aircraft communications; or in the design, construction, operation or
maintenance of any nuclear facility. You may not publish or provide the
results of any benchmark or comparison tests run on Software to any
third party without the prior written consent of Sun.
3. Trademarks and Logos.This Agreement does not authorize Customer to
use any Sun name, trademark or logo. Customer acknowledges that Sun
owns the Java trademark and all Java-related trademarks, logos and
icons including the Coffee Cup and Duke ("Java Marks") and agrees to:
(i) comply with the Java Trademark Guidelines at
http://java.sun.com/trademarks.html; (ii) not do anything harmful to or
inconsistent with Sun's rights in the Java Marks; and (iii) assist Sun
in protecting those rights, including assigning to Sun any rights
acquired by Customer in any Java Mark.
4. Disclaimer of Warranty. THE SOFTWARE IS PROVIDED "AS IS." 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 SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
5. Limitation of Liability. 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 AND
REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR
INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU. 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. The foregoing limitations
will apply even if the above stated warranty fails of its essential
purpose.
6. Term and Termination. This Agreement shall commence on the date of
its execution and shall terminate upon the termination of that version
of the JRE or JDK, in accordance with their respective license terms,
with which the Software is distributed, unless terminated earlier in
accordance with this Paragraph 6. 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, including technical data delivered
under this Agreement, is subject to U.S. 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. Rights in Data: If procured by,
or provided to, the U.S. Government, other than the Department of
Defense ("DOD"), the use, duplication, or disclosure of technical data
is subject to restrictions as set forth in FAR 52.227-14(g)(2), Rights
in Data-General (June 1987); and for computer software and computer
software documentation, FAR 52-227-19, Commercial Computer Software-
Restricted Rights (June 1987). If procured by, or provided to, the DOD,
the use, duplication, or disclosure of technical data is subject to
DFARS 252.227-7015(b), Technical Data-Commercial Items (June 1995); and
for computer software and computer software documentation, as specified
in the license under which the computer software was procured pursuant
to DFARS 227.7202-3(a). Licensee may not provide Software or technical
data to any third party, including the U.S. Government, unless such
third party accepts the same restrictions. Licensee is responsible for
ensuring that proper notice is given to all such third parties and that
the Software and technical data are properly marked.
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. 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 inquires please contact:
Sun Microsystems, Inc.
901 San Antonio Road
Palo Alto, California 94303