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Sun Microsystems, Inc. Binary Code License Agreement
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READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED
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SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT")
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CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA PACKAGE. BY
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OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS
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OF THIS AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE
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ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY
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SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT.
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IF YOU DO NOT AGREE TO ALL THESE TERMS, PROMPTLY RETURN THE
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UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE FOR A REFUND OR,
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IF THE SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE
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"DECLINE" BUTTON AT THE END OF THIS AGREEMENT.
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1. LICENSE TO USE. Sun grants you a non-exclusive and non-
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transferable license for the internal use only of the
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accompanying software and documentation and any error
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corrections provided by Sun (collectively "Software"), by
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the number of users and the class of computer hardware for
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which the corresponding fee has been paid.
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2. RESTRICTIONS. Software is confidential and copyrighted.
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Title to Software and all associated intellectual property
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rights is retained by Sun and/or its licensors. Except as
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specifically authorized in any Supplemental License Terms,
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you may not make copies of Software, other than a single
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copy of Software for archival purposes. Unless enforcement
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is prohibited by applicable law, you may not modify,
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decompile, or reverse engineer Software. Licensee
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acknowledges that Licensed Software is not designed or
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intended for use in the design, construction, operation or
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maintenance of any nuclear facility. Sun Microsystems, Inc.
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disclaims any express or implied warranty of fitness for
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such uses. No right, title or interest in or to any
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trademark, service mark, logo or trade name of Sun or its
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licensors is granted under this Agreement.
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3. LIMITED WARRANTY. Sun warrants to you that for a period
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of ninety (90) days from the date of purchase, as evidenced
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by a copy of the receipt, the media on which Software is
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furnished (if any) will be free of defects in materials and
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workmanship under normal use. Except for the foregoing,
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Software is provided "AS IS". Your exclusive remedy and
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Sun's entire liability under this limited warranty will be
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at Sun's option to replace Software media or refund the fee
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paid for Software.
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4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS
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AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,
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REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED
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WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
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PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE
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EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY
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INVALID.
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5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED
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BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR
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ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT,
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CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER
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CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF
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OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN
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IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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In no event will Sun's liability to you, whether in
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contract, tort (including negligence), or otherwise, exceed
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the amount paid by you for Software under this Agreement.
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The foregoing limitations will apply even if the above
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stated warranty fails of its essential purpose.
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6. Termination. This Agreement is effective until
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terminated. You may terminate this Agreement at any time by
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destroying all copies of Software. This Agreement will
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terminate immediately without notice from Sun if you fail to
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comply with any provision of this Agreement. Upon
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Termination, you must destroy all copies of Software.
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7. Export Regulations. All Software and technical data
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delivered under this Agreement are subject to US export
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control laws and may be subject to export or import
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regulations in other countries. You agree to comply
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strictly with all such laws and regulations and acknowledge
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that you have the responsibility to obtain such licenses to
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export, re-export, or import as may be required after
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delivery to you.
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8. U.S. Government Restricted Rights. If Software is
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being acquired by or on behalf of the U.S. Government or by
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a U.S. Government prime contractor or subcontractor (at any
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tier), then the Government's rights in Software and
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accompanying documentation will be only as set forth in this
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Agreement; this is in accordance with 48 CFR 227.7201
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through 227.7202-4 (for Department of Defense (DOD)
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acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD
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acquisitions).
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9. Governing Law. Any action related to this Agreement
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will be governed by California law and controlling U.S.
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federal law. No choice of law rules of any jurisdiction
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will apply.
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10. Severability. If any provision of this Agreement is
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held to be unenforceable, this Agreement will remain in
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effect with the provision omitted, unless omission would
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frustrate the intent of the parties, in which case this
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Agreement will immediately terminate.
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11. Integration. This Agreement is the entire agreement
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between you and Sun relating to its subject matter. It
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supersedes all prior or contemporaneous oral or written
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communications, proposals, representations and warranties
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and prevails over any conflicting or additional terms of any
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quote, order, acknowledgment, or other communication between
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the parties relating to its subject matter during the term
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of this Agreement. No modification of this Agreement will
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be binding, unless in writing and signed by an authorized
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representative of each party.
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JAVATM 2 SOFTWARE DEVELOPMENT KIT (J2SDK), STANDARD EDITION,
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VERSION 1.4.1_X SUPPLEMENTAL LICENSE TERMS
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These supplemental license terms ("Supplemental Terms") add
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to or modify the terms of the Binary Code License Agreement
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(collectively, the "Agreement"). Capitalized terms not
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defined in these Supplemental Terms shall have the same
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meanings ascribed to them in the Agreement. These
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Supplemental Terms shall supersede any inconsistent or
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conflicting terms in the Agreement, or in any license
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contained within the Software.
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1. Software Internal Use and Development License Grant.
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Subject to the terms and conditions of this Agreement,
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including, but not limited to Section 4 (Java Technology
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Restrictions) of these Supplemental Terms, Sun grants you a
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non-exclusive, non- transferable, limited license without
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fees to reproduce internally and use internally the binary
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form of the Software complete and unmodified for the sole
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purpose of designing, developing and testing your Java
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applets and applications intended to run on the Java
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platform ("Programs").
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2. License to Distribute Software. Subject to the terms
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and conditions of this Agreement, including, but not limited
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to Section 4 (Java Technology Restrictions) of these
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Supplemental Terms, Sun grants you a non-exclusive,
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non-transferable, limited license without fees to reproduce
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and distribute the Software, provided that (i) you
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distribute the Software complete and unmodified (unless
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otherwise specified in the applicable README file) and only
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bundled as part of, and for the sole purpose of running,
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your Programs, (ii) the Programs add significant and primary
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functionality to the Software, (iii) you do not distribute
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additional software intended to replace any component(s) of
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the Software (unless otherwise specified in the applicable
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README file), (iv) you do not remove or alter any
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proprietary legends or notices contained in the Software,
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(v) you only distribute the Software subject to a license
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agreement that protects Sun's interests consistent with the
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terms contained in this Agreement, and (vi) you agree to
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defend and indemnify Sun and its licensors from and against
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any damages, costs, liabilities, settlement amounts and/or
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expenses (including attorneys' fees) incurred in connection
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with any claim, lawsuit or action by any third party that
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arises or results from the use or distribution of any and
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all Programs and/or Software. (vi) include the following
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statement as part of product documentation (whether hard
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copy or electronic), as a part of a copyright page or
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proprietary rights notice page, in an "About" box or in any
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other form reasonably designed to make the statement visible
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to users of the Software: "This product includes code
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licensed from RSA Security, Inc.", and (vii) include the
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statement, "Some portions licensed from IBM are available at
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http://oss.software.ibm.com/icu4j/".
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3. License to Distribute Redistributables. Subject to the
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terms and conditions of this Agreement, including but not
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limited to Section 4 (Java Technology Restrictions) of these
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Supplemental Terms, Sun grants you a non-exclusive,
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non-transferable, limited license without fees to reproduce
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and distribute those files specifically identified as
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redistributable in the Software "README" file
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("Redistributables") provided that: (i) you distribute the
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Redistributables complete and unmodified (unless otherwise
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specified in the applicable README file), and only bundled
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as part of Programs, (ii) you do not distribute additional
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software intended to supersede any component(s) of the
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Redistributables (unless otherwise specified in the
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applicable README file), (iii) you do not remove or alter
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any proprietary legends or notices contained in or on the
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Redistributables, (iv) you only distribute the
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Redistributables pursuant to a license agreement that
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protects Sun's interests consistent with the terms contained
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in the Agreement, (v) you agree to defend and indemnify Sun
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and its licensors from and against any damages, costs,
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liabilities, settlement amounts and/or expenses (including
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attorneys' fees) incurred in connection with any claim,
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lawsuit or action by any third party that arises or results
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from the use or distribution of any and all Programs and/or
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Software, (vi) include the following statement as part of
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product documentation (whether hard copy or electronic), as
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a part of a copyright page or proprietary rights notice
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page, in an "About" box or in any other form reasonably
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designed to make the statement visible to users of the
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Software: "This product includes code licensed from RSA
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Security, Inc.", and (vii) include the statement, "Some
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portions licensed from IBM are available at
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http://oss.software.ibm.com/icu4j/".
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4. Java Technology Restrictions. You may not modify the
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Java Platform Interface ("JPI", identified as classes
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contained within the "java" package or any subpackages of
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the "java" package), by creating additional classes within
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the JPI or otherwise causing the addition to or modification
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of the classes in the JPI. In the event that you create an
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additional class and associated API(s) which (i) extends the
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functionality of the Java platform, and (ii) is exposed to
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third party software developers for the purpose of
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developing additional software which invokes such additional
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API, you must promptly publish broadly an accurate
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specification for such API for free use by all developers.
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You may not create, or authorize your licensees to create,
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additional classes, interfaces, or subpackages that are in
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any way identified as "java", "javax", "sun" or similar
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convention as specified by Sun in any naming convention
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designation.
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5. Notice of Automatic Software Updates from Sun. You
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acknowledge that the Software may automatically download,
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install, and execute applets, applications, software
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extensions, and updated versions of the Software from Sun
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("Software Updates"), which may require you to accept
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updated terms and conditions for installation. If
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additional terms and conditions are not presented on
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installation, the Software Updates will be considered part
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of the Software and subject to the terms and conditions of
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the Agreement.
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6. Notice of Automatic Downloads. You acknowledge that, by
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your use of the Software and/or by requesting services that
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require use of the Software, the Software may automatically
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download, install, and execute software applications from
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sources other than Sun ("Other Software"). Sun makes no
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representations of a relationship of any kind to licensors
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of Other Software. TO THE EXTENT NOT PROHIBITED BY LAW, IN
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NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST
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REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT,
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CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER
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CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF
|
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OR RELATED TO THE USE OF OR INABILITY TO USE OTHER SOFTWARE,
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EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
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DAMAGES.
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7. Distribution by Publishers. This section pertains to
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your distribution of the Software with your printed book or
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magazine (as those terms are commonly used in the industry)
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relating to Java technology ("Publication"). Subject to and
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conditioned upon your compliance with the restrictions and
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obligations contained in the Agreement, in addition to the
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license granted in Paragraph 1 above, Sun hereby grants to
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you a non-exclusive, nontransferable limited right to
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reproduce complete and unmodified copies of the Software on
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electronic media (the "Media") for the sole purpose of
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inclusion and distribution with your Publication(s), subject
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to the following terms: (i) You may not distribute the
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Software on a stand-alone basis; it must be distributed with
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your Publication(s); (ii) You are responsible for
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downloading the Software from the applicable Sun web site;
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(iii) You must refer to the Software as JavaTM 2 Software
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Development Kit, Standard Edition, Version 1.4.1; (iv) The
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Software must be reproduced in its entirety and without any
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modification whatsoever (including, without limitation, the
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Binary Code License and Supplemental License Terms
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accompanying the Software and proprietary rights notices
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contained in the Software); (v) The Media label shall
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include the following information: Copyright 2002, Sun
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Microsystems, Inc. All rights reserved. Use is subject to
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license terms. Sun, Sun Microsystems, the Sun logo,
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Solaris, Java, the Java Coffee Cup logo, J2SE , and all
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trademarks and logos based on Java are trademarks or
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registered trademarks of Sun Microsystems, Inc. in the U.S.
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and other countries. This information must be placed on the
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Media label in such a manner as to only apply to the Sun
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Software; (vi) You must clearly identify the Software as
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Sun's product on the Media holder or Media label, and you
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may not state or imply that Sun is responsible for any
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third-party software contained on the Media; (vii) You may
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not include any third party software on the Media which is
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intended to be a replacement or substitute for the Software;
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(viii) You shall indemnify Sun for all damages arising from
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your failure to comply with the requirements of this
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Agreement. In addition, you shall defend, at your expense,
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any and all claims brought against Sun by third parties, and
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shall pay all damages awarded by a court of competent
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jurisdiction, or such settlement amount negotiated by you,
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arising out of or in connection with your use, reproduction
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or distribution of the Software and/or the Publication.
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Your obligation to provide indemnification under this
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section shall arise provided that Sun: (i) provides you
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prompt notice of the claim; (ii) gives you sole control of
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the defense and settlement of the claim; (iii) provides you,
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at your expense, with all available information, assistance
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and authority to defend; and (iv) has not compromised or
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settled such claim without your prior written consent; and
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(ix) You shall provide Sun with a written notice for each
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Publication; such notice shall include the following
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information: (1) title of Publication, (2) author(s), (3)
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date of Publication, and (4) ISBN or ISSN numbers. Such
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notice shall be sent to Sun Microsystems, Inc., 4150 Network
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Circle, M/S USCA12-110, Santa Clara, California 95054, U.S.A
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, Attention: Contracts Administration.
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8. Trademarks and Logos. You acknowledge and agree as
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between you and Sun that Sun owns the SUN, SOLARIS, JAVA,
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JINI, FORTE, and iPLANET trademarks and all SUN, SOLARIS,
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JAVA, JINI, FORTE, and iPLANET-related trademarks, service
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marks, logos and other brand designations ("Sun Marks"), and
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you agree to comply with the Sun Trademark and Logo Usage
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Requirements currently located at
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http://www.sun.com/policies/trademarks. Any use you make of
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the Sun Marks inures to Sun's benefit.
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9. Source Code. Software may contain source code that is
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provided solely for reference purposes pursuant to the terms
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of this Agreement. Source code may not be redistributed
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unless expressly provided for in this Agreement.
|
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10. Termination for Infringement. Either party may
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terminate this Agreement immediately should any Software
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become, or in either party's opinion be likely to become,
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the subject of a claim of infringement of any intellectual
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property right.
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For inquiries please contact: Sun Microsystems, Inc., 4150
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Network Circle, Santa Clara, California 95054, U.S.A
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(LFI#120080/Form ID#011801)
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|
Parent Directory
| 
Revision Log