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Thu Jul 6 17:29:29 2006 UTC (7 years, 9 months ago) by nelchael
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License for sun-j2me-bin

1 ENTITLEMENT
2 for
3 SOFTWARE
4
5 THIS ENTITLEMENT EVIDENCES YOUR LICENSE TO USE THE SUN
6 SOFTWARE SET FORTH BELOW UNDER THE TERMS OF THE SUN
7 MICROSYSTEMS, INC. SOFTWARE LICENSE AGREEMENT.
8
9 Licensee/Company: Entity receiving Software.
10
11 Effective Date: Date Sun delivers the Software to You.
12
13 Software: J2ME Wireless Toolkit 2.2 Patch.
14
15 Host Software: The software product described in the
16 Software's documentation for which the Software is
17 intended to be used.
18
19 Permitted Use: The Permitted Use shall be the same as
20 the permitted use in Your Host Software's software
21 license agreement. Software may only be used in
22 conjunction with the Host Software. Use of the
23 Software on a stand-alone basis is not permitted under
24 this license. If You do not have a valid license to
25 use the Host Software, You have no license to use the
26 Software for any purpose.
27
28 License Term: The License Term shall be the same as
29 the license term set forth in your Host Software's
30 software license agreement.
31
32 Licensed Unit: The Licensed Unit shall be the same as
33 the licensed unit set forth in your Host Software's
34 software license agreement.
35
36 Licensed Unit Count: The License Unit Count shall be
37 the same as the licensed unit count set forth in your
38 Host Software's software license agreement.
39
40
41 Sun Microsystems, Inc. ("Sun")
42 SOFTWARE LICENSE AGREEMENT
43
44 READ THE TERMS OF THIS AGREEMENT ("AGREEMENT")
45 CAREFULLY BEFORE OPENING SOFTWARE MEDIA PACKAGE. BY
46 OPENING SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS
47 OF THIS AGREEMENT. IF YOU ARE ACCESSING SOFTWARE
48 ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE
49 TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END OF
50 THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE
51 TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR
52 PLACE OF PURCHASE FOR A REFUND OR, IF SOFTWARE IS
53 ACCESSED ELECTRONICALLY, SELECT THE "DECLINE" (OR
54 "EXIT") BUTTON AT THE END OF THIS AGREEMENT. IF YOU
55 HAVE SEPARATELY AGREED TO LICENSE TERMS ("MASTER
56 TERMS") FOR YOUR LICENSE TO THIS SOFTWARE, THEN
57 SECTIONS 1-5 OF THIS AGREEMENT ("SUPPLEMENTAL LICENSE
58 TERMS") SHALL SUPPLEMENT AND SUPERSEDE THE MASTER
59 TERMS IN RELATION TO THIS SOFTWARE.
60
61 1. Definitions.
62
63 (a) "Entitlement" means the collective set of
64 applicable documents authorized by Sun evidencing your
65 obligation to pay associated fees (if any) for the
66 license, associated Services, and the authorized scope
67 of use of Software under this Agreement.
68
69 (b) "Licensed Unit" means the unit of measure by
70 which your use of Software and/or Service is licensed,
71 as described in your Entitlement.
72
73 (c) "Permitted Use" means the licensed Software
74 use(s) authorized in this Agreement as specified in
75 your Entitlement. The Permitted Use for any bundled
76 Sun software not specified in your Entitlement will be
77 evaluation use as provided in Section 3.
78
79 (d) "Service" means the service(s) that Sun or its
80 delegate will provide, if any, as selected in your
81 Entitlement and as further described in the applicable
82 service listings at www.sun.com/service/servicelist.
83
84 (e) "Software" means the Sun software described in
85 your Entitlement. Also, certain software may be
86 included for evaluation use under Section 3.
87
88 (f) "You" and "Your" means the individual or legal
89 entity specified in the Entitlement, or for evaluation
90 purposes, the entity performing the evaluation.
91
92 2. License Grant and Entitlement.
93
94 Subject to the terms of your Entitlement, Sun grants
95 you a nonexclusive, nontransferable limited license to
96 use Software for its Permitted Use for the license
97 term. Your Entitlement will specify (a) Software
98 licensed, (b) the Permitted Use, (c) the license term,
99 and (d) the Licensed Units.
100
101 Additionally, if your Entitlement includes Services,
102 then it will also specify the (e) Service and (f)
103 service term.
104
105 If your rights to Software or Services are limited in
106 duration and the date such rights begin is other than
107 the purchase date, your Entitlement will provide that
108 beginning date(s).
109
110 The Entitlement may delivered to you in various ways
111 depending on the manner in which you obtain Software
112 and Services, for example, the Entitlement may be
113 provided in your receipt, invoice or your contract
114 with Sun or authorized Sun reseller. It may also be in
115 electronic format if you download Software.
116
117 3. Permitted Use.
118
119 As selected in your Entitlement, one or more of the
120 following Permitted Uses will apply to your use of
121 Software. Unless you have an Entitlement that
122 expressly permits it, you may not use Software for any
123 of the other Permitted Uses. If you don't have an
124 Entitlement, or if your Entitlement doesn't cover
125 additional software delivered to you, then such
126 software is for your Evaluation Use.
127
128 (a) Evaluation Use. You may evaluate Software
129 internally for a period of 90 days from your first
130 use.
131
132 (b) Research and Instructional Use. You may use
133 Software internally to design, develop and test, and
134 also to provide instruction on such uses.
135
136 (c) Individual Use. You may use Software internally
137 for personal, individual use.
138
139 (d) Commercial Use. You may use Software internally
140 for your own commercial purposes.
141
142 (e) Service Provider Use. You may make Software
143 functionality accessible (but not by providing
144 Software itself or through outsourcing services) to
145 your end users in an extranet deployment, but not to
146 your affiliated companies or to government agencies.
147
148 4. Licensed Units.
149
150 Your Permitted Use is limited to the number of
151 Licensed Units stated in your Entitlement. If you
152 require additional Licensed Units, you will need
153 additional Entitlement(s).
154
155 5. Restrictions.
156
157 (a) The copies of Software provided to you under this
158 Agreement are licensed, not sold, to you by Sun. Sun
159 reserves all rights not expressly granted. (b) You may
160 make a single archival copy of Software, but otherwise
161 may not copy, modify, or distribute Software. However
162 if the Sun documentation accompanying Software lists
163 specific portions of Software, such as header files,
164 class libraries, reference source code, and/or
165 redistributable files, that may be handled
166 differently, you may do so only as provided in the Sun
167 documentation. (c) You may not rent, lease, lend or
168 encumber Software. (d) Unless enforcement is
169 prohibited by applicable law, you may not decompile,
170 or reverse engineer Software. (e) The terms and
171 conditions of this Agreement will apply to any
172 Software updates, provided to you at Sun's discretion,
173 that replace and/or supplement the original Software,
174 unless such update contains a separate license. (f)
175 You may not publish or provide the results of any
176 benchmark or comparison tests run on Software to any
177 third party without the prior written consent of Sun.
178 (g) Software is confidential and copyrighted. (h)
179 Unless otherwise specified, if Software is delivered
180 with embedded or bundled software that enables
181 functionality of Software, you may not use such
182 software on a stand-alone basis or use any portion of
183 such software to interoperate with any program(s)
184 other than Software. (i) Software may contain programs
185 that perform automated collection of system data
186 and/or automated software updating services. System
187 data collected through such programs may be used by
188 Sun, its subcontractors, and its service delivery
189 partners for the purpose of providing you with remote
190 system services and/or improving Sun's software and
191 systems. (j) Software is not designed, licensed or
192 intended for use in the design, construction,
193 operation or maintenance of any nuclear facility and
194 Sun and its licensors disclaim any express or implied
195 warranty of fitness for such uses. (k) No right, title
196 or interest in or to any trademark, service mark, logo
197 or trade name of Sun or its licensors is granted under
198 this Agreement.
199
200 6. Term and Termination.
201
202 The license and service term are set forth in your
203 Entitlement(s). Your rights under this Agreement will
204 terminate immediately without notice from Sun if you
205 materially breach it or take any action in derogation
206 of Sun's and/or its licensors' rights to Software. Sun
207 may terminate this Agreement should any Software
208 become, or in Sun's reasonable opinion likely to
209 become, the subject of a claim of intellectual
210 property infringement or trade secret
211 misappropriation. Upon termination, you will cease use
212 of, and destroy, Software and confirm compliance in
213 writing to Sun. Sections 1, 5, 6, 7, and 9-15 will
214 survive termination of the Agreement.
215
216 7. Java Compatibility and Open Source.
217
218 Software may contain Java technology. You may not
219 create additional classes to, or modifications of, the
220 Java technology, except under compatibility
221 requirements available under a separate agreement
222 available at www.java.net.
223
224 Sun supports and benefits from the global community of
225 open source developers, and thanks the community for
226 its important contributions and open standards-based
227 technology, which Sun has adopted into many of its
228 products.
229
230 Please note that portions of Software may be provided
231 with notices and open source licenses from such
232 communities and third parties that govern the use of
233 those portions, and any licenses granted hereunder do
234 not alter any rights and obligations you may have
235 under such open source licenses, however, the
236 disclaimer of warranty and limitation of liability
237 provisions in this Agreement will apply to all
238 Software in this distribution.
239
240 8. Limited Warranty.
241
242 Sun warrants to you that for a period of 90 days from
243 the date of purchase, as evidenced by a copy of the
244 receipt, the media on which Software is furnished (if
245 any) will be free of defects in materials and
246 workmanship under normal use. Except for the
247 foregoing, Software is provided "AS IS". Your
248 exclusive remedy and Sun's entire liability under this
249 limited warranty will be at Sun's option to replace
250 Software media or refund the fee paid for Software.
251 Some states do not allow limitations on certain
252 implied warranties, so the above may not apply to you.
253 This limited warranty gives you specific legal rights.
254 You may have others, which vary from state to state.
255
256 9. Disclaimer of Warranty.
257
258 UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR
259 IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES,
260 INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY,
261 FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT
262 ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE
263 DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
264
265 10. Limitation of Liability.
266
267 TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL
268 SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE,
269 PROFIT OR DATA, OR FOR SPECIAL, INDIRECT,
270 CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER
271 CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING
272 OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE
273 SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE
274 POSSIBILITY OF SUCH DAMAGES. In no event will Sun's
275 liability to you, whether in contract, tort (including
276 negligence), or otherwise, exceed the amount paid by
277 you for Software under this Agreement. The foregoing
278 limitations will apply even if the above stated
279 warranty fails of its essential purpose. Some states
280 do not allow the exclusion of incidental or
281 consequential damages, so some of the terms above may
282 not be applicable to you.
283
284 11. Export Regulations.
285
286 All Software, documents, technical data, and any other
287 materials delivered under this Agreement are subject
288 to U.S. export control laws and may be subject to
289 export or import regulations in other countries. You
290 agree to comply strictly with these laws and
291 regulations and acknowledge that you have the
292 responsibility to obtain any licenses to export,
293 re-export, or import as may be required after delivery
294 to you.
295
296 12. U.S. Government Restricted Rights.
297
298 If Software is being acquired by or on behalf of the
299 U.S. Government or by a U.S. Government prime
300 contractor or subcontractor (at any tier), then the
301 Government's rights in Software and accompanying
302 documentation will be only as set forth in this
303 Agreement; this is in accordance with 48 CFR 227.7201
304 through 227.7202-4 (for Department of Defense (DOD)
305 acquisitions) and with 48 CFR 2.101 and 12.212 (for
306 non-DOD acquisitions).
307
308 13. Governing Law.
309
310 Any action related to this Agreement will be governed
311 by California law and controlling U.S. federal law. No
312 choice of law rules of any jurisdiction will apply.
313
314 14. Severability.
315
316 If any provision of this Agreement is held to be
317 unenforceable, this Agreement will remain in effect
318 with the provision omitted, unless omission would
319 frustrate the intent of the parties, in which case
320 this Agreement will immediately terminate.
321
322 15. Integration.
323
324 This Agreement, including any terms contained in your
325 Entitlement, is the entire agreement between you and
326 Sun relating to its subject matter. It supersedes all
327 prior or contemporaneous oral or written
328 communications, proposals, representations and
329 warranties and prevails over any conflicting or
330 additional terms of any quote, order, acknowledgment,
331 or other communication between the parties relating to
332 its subject matter during the term of this Agreement.
333 No modification of this Agreement will be binding,
334 unless in writing and signed by an authorized
335 representative of each party.
336
337 Please contact Sun Microsystems, Inc. 4150 Network
338 Circle, Santa Clara, California 95054 if you have
339 questions.

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