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Sat May 24 05:27:35 2003 UTC (11 years, 3 months ago) by absinthe
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1 Sun Microsystems, Inc. Binary Code License Agreement
2
3 READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED
4 SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT")
5 CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA PACKAGE. BY
6 OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS
7 OF THIS AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE
8 ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY
9 SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT.
10 IF YOU DO NOT AGREE TO ALL THESE TERMS, PROMPTLY RETURN THE
11 UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE FOR A REFUND OR,
12 IF THE SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE
13 "DECLINE" BUTTON AT THE END OF THIS AGREEMENT.
14
15 1. LICENSE TO USE. Sun grants you a non-exclusive and non-
16 transferable license for the internal use only of the
17 accompanying software and documentation and any error
18 corrections provided by Sun (collectively "Software"), by
19 the number of users and the class of computer hardware for
20 which the corresponding fee has been paid.
21
22 2. RESTRICTIONS. Software is confidential and copyrighted.
23 Title to Software and all associated intellectual property
24 rights is retained by Sun and/or its licensors. Except as
25 specifically authorized in any Supplemental License Terms,
26 you may not make copies of Software, other than a single
27 copy of Software for archival purposes. Unless enforcement
28 is prohibited by applicable law, you may not modify,
29 decompile, or reverse engineer Software. Licensee
30 acknowledges that Licensed Software is not designed or
31 intended for use in the design, construction, operation or
32 maintenance of any nuclear facility. Sun Microsystems, Inc.
33 disclaims any express or implied warranty of fitness for
34 such uses. No right, title or interest in or to any
35 trademark, service mark, logo or trade name of Sun or its
36 licensors is granted under this Agreement.
37
38 3. LIMITED WARRANTY. Sun warrants to you that for a period
39 of ninety (90) days from the date of purchase, as evidenced
40 by a copy of the receipt, the media on which Software is
41 furnished (if any) will be free of defects in materials and
42 workmanship under normal use. Except for the foregoing,
43 Software is provided "AS IS". Your exclusive remedy and
44 Sun's entire liability under this limited warranty will be
45 at Sun's option to replace Software media or refund the fee
46 paid for Software.
47
48 4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS
49 AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,
50 REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED
51 WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
52 PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE
53 EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY
54 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
60 CAUSED 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
64 contract, tort (including negligence), or otherwise, exceed
65 the amount paid by you for Software under this Agreement.
66 The foregoing limitations will apply even if the above
67 stated warranty fails of its essential purpose.
68
69 6. Termination. This Agreement is effective until
70 terminated. You may terminate this Agreement at any time by
71 destroying all copies of Software. This Agreement will
72 terminate immediately without notice from Sun if you fail to
73 comply with any provision of this Agreement. Upon
74 Termination, you must destroy all copies of Software.
75
76 7. Export Regulations. All Software and technical data
77 delivered under this Agreement are subject to US export
78 control laws and may be subject to export or import
79 regulations in other countries. You agree to comply
80 strictly with all such laws and regulations and acknowledge
81 that you have the responsibility to obtain such licenses to
82 export, re-export, or import as may be required after
83 delivery to you.
84
85 8. U.S. Government Restricted Rights. If Software is
86 being acquired by or on behalf of the U.S. Government or by
87 a U.S. Government prime contractor or subcontractor (at any
88 tier), then the Government's rights in Software and
89 accompanying documentation will be only as set forth in this
90 Agreement; this is in accordance with 48 CFR 227.7201
91 through 227.7202-4 (for Department of Defense (DOD)
92 acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD
93 acquisitions).
94
95 9. Governing Law. Any action related to this Agreement
96 will be governed by California law and controlling U.S.
97 federal law. No choice of law rules of any jurisdiction
98 will apply.
99
100 10. Severability. If any provision of this Agreement is
101 held to be unenforceable, this Agreement will remain in
102 effect with the provision omitted, unless omission would
103 frustrate the intent of the parties, in which case this
104 Agreement will immediately terminate.
105
106 11. Integration. This Agreement is the entire agreement
107 between you and Sun relating to its subject matter. It
108 supersedes all prior or contemporaneous oral or written
109 communications, proposals, representations and warranties
110 and prevails over any conflicting or additional terms of any
111 quote, order, acknowledgment, or other communication between
112 the parties relating to its subject matter during the term
113 of this Agreement. No modification of this Agreement will
114 be binding, unless in writing and signed by an authorized
115 representative of each party.
116
117 JAVATM 2 SOFTWARE DEVELOPMENT KIT (J2SDK), STANDARD EDITION,
118 VERSION 1.4.1_X SUPPLEMENTAL LICENSE TERMS
119
120 These supplemental license terms ("Supplemental Terms") add
121 to or modify the terms of the Binary Code License Agreement
122 (collectively, the "Agreement"). Capitalized terms not
123 defined in these Supplemental Terms shall have the same
124 meanings ascribed to them in the Agreement. These
125 Supplemental Terms shall supersede any inconsistent or
126 conflicting terms in the Agreement, or in any license
127 contained within the Software.
128
129 1. Software Internal Use and Development License Grant.
130 Subject to the terms and conditions of this Agreement,
131 including, but not limited to Section 4 (Java Technology
132 Restrictions) of these Supplemental Terms, Sun grants you a
133 non-exclusive, non- transferable, limited license without
134 fees to reproduce internally and use internally the binary
135 form of the Software complete and unmodified for the sole
136 purpose of designing, developing and testing your Java
137 applets and applications intended to run on the Java
138 platform ("Programs").
139
140 2. License to Distribute Software. Subject to the terms
141 and conditions of this Agreement, including, but not limited
142 to Section 4 (Java Technology Restrictions) of these
143 Supplemental Terms, Sun grants you a non-exclusive,
144 non-transferable, limited license without fees to reproduce
145 and distribute the Software, provided that (i) you
146 distribute the Software complete and unmodified (unless
147 otherwise specified in the applicable README file) and only
148 bundled as part of, and for the sole purpose of running,
149 your Programs, (ii) the Programs add significant and primary
150 functionality to the Software, (iii) you do not distribute
151 additional software intended to replace any component(s) of
152 the Software (unless otherwise specified in the applicable
153 README file), (iv) you do not remove or alter any
154 proprietary legends or notices contained in the Software,
155 (v) you only distribute the Software subject to a license
156 agreement that protects Sun's interests consistent with the
157 terms contained in this Agreement, and (vi) you agree to
158 defend and indemnify Sun and its licensors from and against
159 any damages, costs, liabilities, settlement amounts and/or
160 expenses (including attorneys' fees) incurred in connection
161 with any claim, lawsuit or action by any third party that
162 arises or results from the use or distribution of any and
163 all Programs and/or Software. (vi) include the following
164 statement as part of product documentation (whether hard
165 copy or electronic), as a part of a copyright page or
166 proprietary rights notice page, in an "About" box or in any
167 other form reasonably designed to make the statement visible
168 to users of the Software: "This product includes code
169 licensed from RSA Security, Inc.", and (vii) include the
170 statement, "Some portions licensed from IBM are available at
171 http://oss.software.ibm.com/icu4j/".
172
173 3. License to Distribute Redistributables. Subject to the
174 terms and conditions of this Agreement, including but not
175 limited to Section 4 (Java Technology Restrictions) of these
176 Supplemental Terms, Sun grants you a non-exclusive,
177 non-transferable, limited license without fees to reproduce
178 and distribute those files specifically identified as
179 redistributable in the Software "README" file
180 ("Redistributables") provided that: (i) you distribute the
181 Redistributables complete and unmodified (unless otherwise
182 specified in the applicable README file), and only bundled
183 as part of Programs, (ii) you do not distribute additional
184 software intended to supersede any component(s) of the
185 Redistributables (unless otherwise specified in the
186 applicable README file), (iii) you do not remove or alter
187 any proprietary legends or notices contained in or on the
188 Redistributables, (iv) you only distribute the
189 Redistributables pursuant to a license agreement that
190 protects Sun's interests consistent with the terms contained
191 in the Agreement, (v) you agree to defend and indemnify Sun
192 and its licensors from and against any damages, costs,
193 liabilities, settlement amounts and/or expenses (including
194 attorneys' fees) incurred in connection with any claim,
195 lawsuit or action by any third party that arises or results
196 from the use or distribution of any and all Programs and/or
197 Software, (vi) include the following statement as part of
198 product documentation (whether hard copy or electronic), as
199 a part of a copyright page or proprietary rights notice
200 page, in an "About" box or in any other form reasonably
201 designed to make the statement visible to users of the
202 Software: "This product includes code licensed from RSA
203 Security, Inc.", and (vii) include the statement, "Some
204 portions licensed from IBM are available at
205 http://oss.software.ibm.com/icu4j/".
206
207 4. Java Technology Restrictions. You may not modify the
208 Java Platform Interface ("JPI", identified as classes
209 contained within the "java" package or any subpackages of
210 the "java" package), by creating additional classes within
211 the JPI or otherwise causing the addition to or modification
212 of the classes in the JPI. In the event that you create an
213 additional class and associated API(s) which (i) extends the
214 functionality of the Java platform, and (ii) is exposed to
215 third party software developers for the purpose of
216 developing additional software which invokes such additional
217 API, you must promptly publish broadly an accurate
218 specification for such API for free use by all developers.
219 You may not create, or authorize your licensees to create,
220 additional classes, interfaces, or subpackages that are in
221 any way identified as "java", "javax", "sun" or similar
222 convention as specified by Sun in any naming convention
223 designation.
224
225 5. Notice of Automatic Software Updates from Sun. You
226 acknowledge that the Software may automatically download,
227 install, and execute applets, applications, software
228 extensions, and updated versions of the Software from Sun
229 ("Software Updates"), which may require you to accept
230 updated terms and conditions for installation. If
231 additional terms and conditions are not presented on
232 installation, the Software Updates will be considered part
233 of the Software and subject to the terms and conditions of
234 the Agreement.
235
236 6. Notice of Automatic Downloads. You acknowledge that, by
237 your use of the Software and/or by requesting services that
238 require use of the Software, the Software may automatically
239 download, install, and execute software applications from
240 sources other than Sun ("Other Software"). Sun makes no
241 representations of a relationship of any kind to licensors
242 of Other Software. TO THE EXTENT NOT PROHIBITED BY LAW, IN
243 NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST
244 REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT,
245 CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER
246 CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF
247 OR RELATED TO THE USE OF OR INABILITY TO USE OTHER SOFTWARE,
248 EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
249 DAMAGES.
250
251 7. Distribution by Publishers. This section pertains to
252 your distribution of the Software with your printed book or
253 magazine (as those terms are commonly used in the industry)
254 relating to Java technology ("Publication"). Subject to and
255 conditioned upon your compliance with the restrictions and
256 obligations contained in the Agreement, in addition to the
257 license granted in Paragraph 1 above, Sun hereby grants to
258 you a non-exclusive, nontransferable limited right to
259 reproduce complete and unmodified copies of the Software on
260 electronic media (the "Media") for the sole purpose of
261 inclusion and distribution with your Publication(s), subject
262 to the following terms: (i) You may not distribute the
263 Software on a stand-alone basis; it must be distributed with
264 your Publication(s); (ii) You are responsible for
265 downloading the Software from the applicable Sun web site;
266 (iii) You must refer to the Software as JavaTM 2 Software
267 Development Kit, Standard Edition, Version 1.4.1; (iv) The
268 Software must be reproduced in its entirety and without any
269 modification whatsoever (including, without limitation, the
270 Binary Code License and Supplemental License Terms
271 accompanying the Software and proprietary rights notices
272 contained in the Software); (v) The Media label shall
273 include the following information: Copyright 2002, Sun
274 Microsystems, Inc. All rights reserved. Use is subject to
275 license terms. Sun, Sun Microsystems, the Sun logo,
276 Solaris, Java, the Java Coffee Cup logo, J2SE , and all
277 trademarks and logos based on Java are trademarks or
278 registered trademarks of Sun Microsystems, Inc. in the U.S.
279 and other countries. This information must be placed on the
280 Media label in such a manner as to only apply to the Sun
281 Software; (vi) You must clearly identify the Software as
282 Sun's product on the Media holder or Media label, and you
283 may not state or imply that Sun is responsible for any
284 third-party software contained on the Media; (vii) You may
285 not include any third party software on the Media which is
286 intended to be a replacement or substitute for the Software;
287 (viii) You shall indemnify Sun for all damages arising from
288 your failure to comply with the requirements of this
289 Agreement. In addition, you shall defend, at your expense,
290 any and all claims brought against Sun by third parties, and
291 shall pay all damages awarded by a court of competent
292 jurisdiction, or such settlement amount negotiated by you,
293 arising out of or in connection with your use, reproduction
294 or distribution of the Software and/or the Publication.
295 Your obligation to provide indemnification under this
296 section shall arise provided that Sun: (i) provides you
297 prompt notice of the claim; (ii) gives you sole control of
298 the defense and settlement of the claim; (iii) provides you,
299 at your expense, with all available information, assistance
300 and authority to defend; and (iv) has not compromised or
301 settled such claim without your prior written consent; and
302 (ix) You shall provide Sun with a written notice for each
303 Publication; such notice shall include the following
304 information: (1) title of Publication, (2) author(s), (3)
305 date of Publication, and (4) ISBN or ISSN numbers. Such
306 notice shall be sent to Sun Microsystems, Inc., 4150 Network
307 Circle, M/S USCA12-110, Santa Clara, California 95054, U.S.A
308 , Attention: Contracts Administration.
309
310 8. Trademarks and Logos. You acknowledge and agree as
311 between you and Sun that Sun owns the SUN, SOLARIS, JAVA,
312 JINI, FORTE, and iPLANET trademarks and all SUN, SOLARIS,
313 JAVA, JINI, FORTE, and iPLANET-related trademarks, service
314 marks, logos and other brand designations ("Sun Marks"), and
315 you agree to comply with the Sun Trademark and Logo Usage
316 Requirements currently located at
317 http://www.sun.com/policies/trademarks. Any use you make of
318 the Sun Marks inures to Sun's benefit.
319
320 9. Source Code. Software may contain source code that is
321 provided solely for reference purposes pursuant to the terms
322 of this Agreement. Source code may not be redistributed
323 unless expressly provided for in this Agreement.
324
325 10. Termination for Infringement. Either party may
326 terminate this Agreement immediately should any Software
327 become, or in either party's opinion be likely to become,
328 the subject of a claim of infringement of any intellectual
329 property right.
330
331 For inquiries please contact: Sun Microsystems, Inc., 4150
332 Network Circle, Santa Clara, California 95054, U.S.A
333 (LFI#120080/Form ID#011801)

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