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Contents of /licenses/sun-bcla-j2ee-deployment

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Revision 1.1 - (show annotations) (download)
Sat Apr 30 15:37:02 2005 UTC (9 years, 5 months ago) by karltk
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Added license for dev-java/sun-j2ee-deployment-bin

1 Sun Microsystems, Inc.
2 Binary Code License Agreement
3
4 READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMEN
5 TAL LICENSE TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFO
6 RE OPENING THE SOFTWARE MEDIA PACKAGE. BY OPENING THE SOFT
7 WARE MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMEN
8 T. IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDIC
9 ATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT
10 " BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE
11 TO ALL THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO
12 YOUR PLACE OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS
13 ACCESSED ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT TH
14 E END OF THIS AGREEMENT.
15
16 1. LICENSE TO USE. Sun grants you a non-exclusive and non
17 -transferable license for the internal use only of the acco
18 mpanying software and documentation and any error correctio
19 ns provided by Sun (collectively "Software"), by the number
20 of users and the class of computer hardware for which the
21 corresponding fee has been paid.
22
23 2. RESTRICTIONS. Software is confidential and copyrighted
24 . Title to Software and all associated intellectual propert
25 y rights is retained by Sun and/or its licensors. Except a
26 s specifically authorized in any Supplemental License Terms
27 , you may not make copies of Software, other than a single
28 copy of Software for archival purposes. Unless enforcement
29 is prohibited by applicable law, you may not modify, decom
30 pile, or reverse engineer Software. Licensee acknowledges
31 that Licensed Software is not designed or intended for use
32 in the design, construction, operation or maintenance of an
33 y nuclear facility. Sun Microsystems, Inc. disclaims any ex
34 press or implied warranty of fitness for such uses. No ri
35 ght, title or interest in or to any trademark, service mark
36 , logo or trade name of Sun or its licensors is granted und
37 er this Agreement.
38
39 3. LIMITED WARRANTY. Sun warrants to you that for a perio
40 d of ninety (90) days from the date of purchase, as evidenc
41 ed by a copy of the receipt, the media on which Software is
42 furnished (if any) will be free of defects in materials an
43 d workmanship under normal use. Except for the foregoing,
44 Software is provided "AS IS". Your exclusive remedy and Su
45 n's entire liability under this limited warranty will be at
46 Sun's option to replace Software media or refund the fee p
47 aid for Software.
48
49 4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREE
50 MENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AN
51 D WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABI
52 LITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT
53 ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS
54 ARE HELD TO BE LEGALLY INVALID.
55
56 5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED
57 BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR
58 ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT
59 , CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CA
60 USED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF
61 OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN
62 IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
63 . In no event will Sun's liability to you, whether in cont
64 ract, tort (including negligence), or otherwise, exceed the
65 amount paid by you for Software under this Agreement. The
66 foregoing limitations will apply even if the above stated
67 warranty fails of its essential purpose.
68
69 6. Termination. This Agreement is effective until termina
70 ted. You may terminate this Agreement at any time by destr
71 oying all copies of Software. This Agreement will terminat
72 e immediately without notice from Sun if you fail to comply
73 with any provision of this Agreement. Upon Termination, y
74 ou must destroy all copies of Software.
75
76 7. Export Regulations. All Software and technical data del
77 ivered under this Agreement are subject to US export contro
78 l laws and may be subject to export or import regulations i
79 n other countries. You agree to comply strictly with all s
80 uch laws and regulations and acknowledge that you have the
81 responsibility to obtain such licenses to export, re-export
82 , or import as may be required after delivery to you.
83
84 8. U.S. Government Restricted Rights. If Software is bein
85 g acquired by or on behalf of the U.S. Government or by a U
86 .S. Government prime contractor or subcontractor (at any ti
87 er), then the Government's rights in Software and accompany
88 ing documentation will be only as set forth in this Agreeme
89 nt; this is in accordance with 48 CFR 227.7201 through 227.
90 7202-4 (for Department of Defense (DOD) acquisitions) and w
91 ith 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
92
93 9. Governing Law. Any action related to this Agreement wi
94 ll be governed by California law and controlling U.S. feder
95 al law. No choice of law rules of any jurisdiction will ap
96 ply.
97
98 10. Severability. If any provision of this Agreement is hel
99 d to be unenforceable, this Agreement will remain in effect
100 with the provision omitted, unless omission would frustrat
101 e the intent of the parties, in which case this Agreement w
102 ill immediately terminate.
103
104 11. Integration. This Agreement is the entire agreement be
105 tween you and Sun relating to its subject matter. It super
106 sedes all prior or contemporaneous oral or written communic
107 ations, proposals, representations and warranties and preva
108 ils over any conflicting or additional terms of any quote,
109 order, acknowledgment, or other communication between the p
110 arties relating to its subject matter during the term of th
111 is Agreement. No modification of this Agreement will be bi
112 nding, unless in writing and signed by an authorized repres
113 entative of each party.
114
115 JAVA(TM) INTERFACE CLASSES
116 J2EE(TM) DEPLOYMENT SPECIFICATION INTERFACE CLASSES 1.1
117 SUPPLEMENTAL LICENSE TERMS
118
119 These supplemental license terms ("Supplemental Terms") add
120 to or modify the terms of the Binary Code License Agreemen
121 t (collectively, the "Agreement"). Capitalized terms not de
122 fined in these Supplemental Terms shall have the same meani
123 ngs ascribed to them in the Agreement. These Supplemental T
124 erms shall supersede any inconsistent or conflicting terms
125 in the Agreement, or in any license contained within the So
126 ftware.
127
128 1. Software Internal Use and Development License Grant. Sub
129 ject to the terms and conditions of this Agreement, includi
130 ng, but not limited to Section 3 (Java(TM) Technology Restr
131 ictions) of these Supplemental Terms, Sun grants you a non-
132 exclusive, non-transferable, limited license to reproduce i
133 nternally and use internally the binary form of the Softwar
134 e, complete and unmodified, for the sole purpose of designi
135 ng, developing and testing your Java applets and applicatio
136 ns ("Programs").
137
138 2. License to Distribute Software. In addition to the lice
139 nse granted in Section 1 (Software Internal Use and Develop
140 ment License Grant) of these Supplemental Terms, subject to
141 the terms and conditions of this Agreement, including but
142 not limited to Section 3 (Java Technology Restrictions), Su
143 n grants you a non-exclusive, non-transferable, limited lic
144 ense to reproduce and distribute the Software in binary for
145 m only, provided that you (i) distribute the Software compl
146 ete and unmodified and only bundled as part of your Program
147 s, (ii) do not distribute additional software intended to r
148 eplace any component(s) of the Software, (iii) do not remov
149 e or alter any proprietary legends or notices contained in
150 the Software, (iv) only distribute the Software subject to
151 a license agreement that protects Sun's interests consisten
152 t with the terms contained in this Agreement, and (v) agree
153 to defend and indemnify Sun and its licensors from and aga
154 inst any damages, costs, liabilities, settlement amounts an
155 d/or expenses (including attorneys' fees) incurred in conne
156 ction with any claim, lawsuit or action by any third party
157 that arises or results from the use or distribution of any
158 and all Programs and/or Software.
159
160 3. Java Technology Restrictions. You may not modify the Jav
161 a Platform Interface ("JPI", identified as classes containe
162 d within the "java" package or any subpackages of the "java
163 " package), by creating additional classes within the JPI o
164 r otherwise causing the addition to or modification of the
165 classes in the JPI. In the event that you create an additi
166 onal class and associated API(s) which (i) extends the func
167 tionality of the Java Platform, and (ii) is exposed to thir
168 d party software developers for the purpose of developing a
169 dditional software which invokes such additional API, you m
170 ust promptly publish broadly an accurate specification for
171 such API for free use by all developers. You may not create
172 , or authorize your licensees to create additional classes,
173 interfaces, or subpackages that are in any way identified
174 as "java", "javax", "sun" or similar convention as specifie
175 d by Sun in any naming convention designation.
176
177 4. Trademarks and Logos. You acknowledge and agree as betwe
178 en you and Sun that Sun owns the SUN, SOLARIS, JAVA, JINI,
179 FORTE, and iPLANET trademarks and all SUN, SOLARIS, JAVA, J
180 INI, FORTE, and iPLANET-related trademarks, service marks,
181 logos and other brand designations ("Sun Marks"), and you a
182 gree to comply with the Sun Trademark and Logo Usage Requir
183 ements currently located at http://www.sun.com/policies/tra
184 demarks. Any use you make of the Sun Marks inures to Sun's
185 benefit.
186
187 5. Source Code. Software may contain source code that is pr
188 ovided solely for reference purposes pursuant to the terms
189 of this Agreement. Source code may not be redistributed un
190 less expressly provided for in this Agreement.
191
192 6. Termination for Infringement. Either party may termina
193 te this Agreement immediately should any Software become, o
194 r in either party's opinion be likely to become, the subjec
195 t of a claim of infringement of any intellectual property r
196 ight.
197
198 For inquiries please contact: Sun Microsystems, Inc. 4150 N
199 etwork Circle, Santa Clara, California 95054.

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