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dev-java/jmf

1 JavaTM Media Framework (JMF) 2.1.x
2 Binary Code License Agreement
3
4 READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY
5 "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA PACKAGE. BY OPENING THE SOFTWARE
6 MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE
7 ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT
8 THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS, PROMPTLY RETURN THE
9 UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED
10 ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THIS AGREEMENT.
11
12 1. License to Use. Sun Microsystems, Inc. ("Sun") grants you a non-exclusive and
13 non-transferable license for the internal use only of the accompanying software and
14 documentation and any error corrections provided by Sun (collectively "Software"), by the
15 number of users and the class of computer hardware for which the corresponding fee has been
16 paid.
17
18 2. Restrictions. Software is confidential and copyrighted. Title to Software and all
19 associated intellectual property rights is retained by Sun and/or its licensors. Except as
20 specifically authorized in any Supplemental License Terms, you may not make copies of
21 Software, other than a single copy of Software for archival purposes. Unless enforcement is
22 prohibited by applicable law, you may not modify, decompile, or reverse engineer Software.
23 You acknowledge that Software is not designed or intended for use in the design,
24 construction, operation or maintenance of any nuclear facility. Sun disclaims any express or
25 implied warranty of fitness for such uses. No right, title or interest in or to any
26 trademark, service mark, logo or trade name of Sun or its licensors is granted under this
27 Agreement.
28
29 3. Limited Warranty. Sun warrants to you that for a period of ninety (90) days from the date
30 of purchase, as evidenced by a copy of the receipt, the media on which Software is furnished
31 (if any) will be free of defects in materials and workmanship under normal use. Except for
32 the foregoing, Software is provided "AS IS". Your exclusive remedy and Sun's entire
33 liability under this limited warranty will be at Sun's option to replace Software media or
34 refund the fee paid for Software.
35
36 4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED
37 CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF
38 MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT
39 TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
40
41 5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS
42 LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT,
43 CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF
44 LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN
45 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun's liability to
46 you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid
47 by you for Software under this Agreement. The foregoing limitations will apply even if the
48 above stated warranty fails of its essential purpose.
49
50 6. Termination. This Agreement is effective until terminated. You may terminate this
51 Agreement at any time by destroying all copies of Software. This Agreement will terminate
52 immediately without notice from Sun if you fail to comply with any provision of this
53 Agreement. Upon Termination, you must destroy all copies of Software.
54
55 7. Export Regulations. All Software and technical data delivered under this Agreement are
56 subject to US export control laws and may be subject to export or import regulations in
57 other countries. You agree to comply strictly with all such laws and regulations and
58 acknowledge that you have the responsibility to obtain such licenses to export, re-export,
59 or import as may be required after delivery to you.
60
61 8. U.S. Government Restricted Rights. If Software is being acquired by or on behalf of the
62 U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier),
63 then the Government's rights in Software and accompanying documentation will be only as set
64 forth in this Agreement; this is in accordance with 48 C.F.R. 227.7202-4 (for Department of
65 Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
66
67 9. Governing Law. Any action related to this Agreement will be governed by California law
68 and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.
69
70 10. Severability. If any provision of this Agreement is held to be unenforceable, this
71 Agreement will remain in effect with the provision omitted, unless omission would frustrate
72 the intent of the parties, in which case this Agreement will immediately terminate.
73
74 11. Integration. This Agreement is the entire agreement between you and Sun relating to its
75 subject matter. It supersedes all prior or contemporaneous oral or written communications,
76 proposals, representations and warranties and prevails over any conflicting or additional
77 terms of any quote, order, acknowledgment, or other communication between the parties
78 relating to its subject matter during the term of this Agreement. No modification of this
79 Agreement will be binding, unless in writing and signed by an authorized representative of
80 each party.
81
82 JavaTM Media Framework (JMF) 2.1.x
83 Supplemental License Terms
84
85 These supplemental license terms ("Supplemental Terms") add to or modify the terms of the
86 Binary Code License Agreement (collectively, the "Agreement"). Capitalized terms not defined
87 in these Supplemental Terms shall have the same meanings ascribed to them in the Agreement.
88 These Supplemental Terms shall supersede any inconsistent or conflicting terms in the
89 Agreement, or in any license contained within the Software.
90
91 1. Software Internal Use and Development License Grant. Subject to the terms and conditions
92 of this Agreement, including, but not limited to Section 3 (Java Technology Restrictions) of
93 these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license
94 to reproduce internally and use internally the binary form of the Software, complete and
95 unmodified, for the sole purpose of designing, developing and testing your Java applets and
96 applications ("Programs").
97
98 2. License to Distribute Software. In addition to the license granted in Section 1 (Software
99 Internal Use and Development License Grant) of these Supplemental Terms, subject to the
100 terms and conditions of this Agreement, including but not limited to, Section 3 (Java
101 Technology Restrictions) of these Supplemental Terms, Sun grants you a non-exclusive,
102 non-transferable, limited license to reproduce and distribute the Software in binary code
103 form only, provided that you: (i) distribute the Software complete and unmodified, except
104 that you may omit those files specifically identified as"optional" in the Software "README"
105 file, which include samples, documents, and bin files, or that are removable by using the
106 Software customizer tool provided, only as part of and for the sole purpose of running your
107 Program into which the Software is incorporated; (ii) do not distribute additional software
108 intended to replace any components of the Software; (iii) do not remove or alter any
109 proprietary legends or notices contained in the Software; (iv) only distribute the Software
110 subject to a license agreement that protects Sun's interests consistent with the terms
111 contained in this Agreement; and (v) agree to defend and indemnify Sun and its licensors
112 from and against any damages, costs, liabilities, settlement amounts or expenses, including
113 attorneys' fees, incurred in connection with any claim, lawsuit or action by any third party
114 that arises or results from the use or distribution of any and all Programs or Software.
115
116 3. Java Technology Restrictions. You may not modify the Java Platform Interface ("JPI",
117 identified as classes contained within the "java" package or any subpackages of the "java"
118 package), by creating additional classes within the JPI or otherwise causing the addition to
119 or modification of the classes in the JPI. In the event that you create an additional class
120 and associated API's, which: (i) extends the functionality of the Java platform, and (ii) is
121 exposed to third party software developers for the purpose of developing additional software
122 which invokes such additional API, you must promptly publish broadly an accurate
123 specification for such API for free use by all developers. You may not create, or authorize
124 your licensees to create additional classes, interfaces, packages or subpackages that are in
125 any way identified as "java", "javax", "sun" or similar convention as specified by Sun in
126 any class file naming convention designation.
127
128 4. Java Runtime Availability. Refer to the appropriate version of the Java Runtime
129 Environment binary code license (currently located at
130 http://www.java.sun.com/jdk/index.html) for the availability of runtime code which may be
131 distributed with Java applets and applications.
132
133 5. Trademarks and Logos. You acknowledge and agree as between you and Sun that Sun owns the
134 SUN, SOLARIS, JAVA, JINI, FORTE, STAROFFICE, STARPORTAL and iPLANET trademarks and all SUN,
135 SOLARIS, JAVA, JINI, FORTE, STAROFFICE, STARPORTAL and iPLANET-related trademarks, service
136 marks, logos and other brand designations ("Sun Marks"), and you agree to comply with the
137 Sun Trademark and Logo Usage Requirements currently located at
138 http://www.sun.com/policies/trademarks. Any use you make of the Sun Marks inures to Sun's
139 benefit.
140
141 6. Source Code. Software may contain source code that is provided solely for reference
142 purposes pursuant to the terms of this Agreement. Source code may not be redistributed
143 unless expressly provided for in this Agreement.
144
145 7. Termination for Infringement. Either party may terminate this Agreement immediately
146 should any Software become, or in either party's opinion be likely to become, the subject of
147 a claim of infringement of any intellectual property right.
148
149 For inquiries please contact: Sun Microsystems, Inc. 4150 Network Circle, Santa Clara,
150 California 95054.
151
152 LFI# 129621/Form ID#011801

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