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