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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 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. 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 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.
-
- JAVA(TM) PLUG-IN, VERSION 1.1
- 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 3
- (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 aplications 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 3 (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. 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.
-
- 4. Trademarks and Logos. You acknowledge and agree as between you and Sun
- that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE, STAROFFICE, STARPORTAL
- and iPLANET trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE, STAROFFICE,
- STARPORTAL 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.
-
- 5. 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.
-
- 6. 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
-