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sun-bcla-jms

1 axxo 1.1 Sun Java(TM) System Message Queue 3.5 SP2, Platform Edition
2     Sun Java System Message Queue 3.5 SP2, Enterprise Edition
3     for Evaluation Only
4    
5     IMPORTANT - PLEASE READ. THE LICENSES BELOW GOVERN YOUR USE
6     OF THE SUN JAVA SYSTEM MESSAGE QUEUE, PLATFORM EDITION AND
7     SUN JAVA SYSTEM MESSAGE QUEUE, ENTERPRISE EDITION FOR
8     EVALUATION ONLY.
9    
10     THIRD PARTY CODE. ADDITIONAL COPYRIGHT NOTICES AND LICENSE
11     TERMS APPLICABLE TO PORTIONS OF THE SOFTWARE ARE SET FORTH
12     IN THE THIRDPARTYLICENSEREADME FILE. IN ADDITION TO ANY
13     TERMS AND CONDITIONS OF ANY THIRD PARTY OPENSOURCE/FREEWARE
14     LICENSE IDENTIFIED IN THE THIRDPARTYLICENSEREADME FILE, THE
15     DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
16     PROVISIONS IN PARAGRAPHS 6 AND 7 OF THE BINARY CODE LICENSE
17     AGREEMENTS BELOW SHALL APPLY TO ALL SOFTWARE IN THIS
18     DISTRIBUTION.
19    
20     IF YOU SELECT TO USE THE SUN JAVA SYSTEM MESSAGE QUEUE,
21     PLATFORM EDITION (ALONG WITH ALL ACCOMPANYING SOFTWARE AND
22     DOCUMENTATION, THE "MESSAGE QUEUE PE"), YOUR LICENSE TO THE
23     MESSAGE QUEUE PE IS SET FORTH ENTIRELY IN SECTION B. IF YOU
24     SELECT TO USE THE SUN JAVA SYSTEM MESSAGE QUEUE, ENTERPRISE
25     EDITION (ALONG WITH ALL ACCOMPANYING SOFTWARE AND
26     DOCUMENTATION, THE "MESSAGE QUEUE EE EVALUATION"), YOUR
27     LICENSE TO THE MESSAGE QUEUE EE EVALUATION IS SET FORTH
28     ENTIRELY IN SECTION A. The two licenses set forth in
29     Sections A and B are separate and distinct legal agreements.
30    
31     READ THE TERMS OF THE AGREEMENT IN THE SECTION APPLICABLE TO
32     YOU (THE "APPLICABLE AGREEMENT") CAREFULLY BEFORE OPENING
33     THE SOFTWARE MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA
34     PACKAGE, YOU AGREE TO ALL THE TERMS OF THE APPLICABLE
35     AGREEMENT. IF YOU ARE ACCESSING THE MESSAGE QUEUE PE OR
36     MESSAGE QUEUE EE EVALUATION ELECTRONICALLY, INDICATE YOUR
37     COMPLETE ACCEPTANCE OF THIS AGREEMENT BY SELECTING THE
38     "ACCEPT" BUTTON DISPLAYED ALONG WITH THE APPLICABLE
39     AGREEMENT OR OTHERWISE PROVIDING THE AFFIRMATIVE RESPONSE
40     REQUESTED. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THE
41     APPLICABLE AGREEMENT, DO NOT INSTALL, COPY OR OTHERWISE USE
42     THE MESSAGE QUEUE PE OR OR MESSAGE QUEUE EE EVALUATION.
43    
44     If you are accepting the Applicable Agreement on behalf of a
45     corporation, partnership or other legal entity, the use of
46     the terms "you" and "your" in the Applicable Agreement will
47     refer to such entity and the entity accepting the Applicable
48     Agreement represents and warrants to Sun that it has
49     sufficient permissions, capacity, consents and authority to
50     enter into the Applicable Agreement.
51    
52    
53     SECTION A:
54    
55     Sun Microsystems, Inc. Binary Software Evaluation Agreement
56     ("Agreement") Sun Java System Message Queue, Enterprise
57     Edition for Evaluation Only ("Message Queue EE Evaluation")
58    
59     1.0 DEFINITIONS
60    
61     "Licensed Software" means all or any portion of the Message
62     Queue EE Evaluation in binary form (the "Product"), and any
63     other machine readable materials (including, but not limited
64     to, libraries, header files, and data files), additional
65     software, user manuals, programming guides and other
66     documentation provided to you by Sun Microsystems, Inc.
67     ("Sun") as part of, or embedded with, the files that
68     comprise the Product.
69    
70     2.0 LIMITED LICENSE Subject to the terms and conditions of
71     this Agreement and your complete acceptance of this
72     Agreement, Sun grants to you a non-exclusive,
73     non-transferable, royalty-free and limited license to use
74     Licensed Software solely for the purposes of evaluation of
75     the Licensed Software and internal design, development,
76     testing and evaluation of software products developed by
77     you. No license is granted to you for any other purpose.
78     You may not sell, rent, loan or otherwise encumber or
79     transfer Licensed Software, in whole or in part, to any
80     third party, including any output or results of execution of
81     the Licensed Software.
82    
83     3.0 LICENSE RESTRICTIONS 3.1 You may not duplicate the
84     Licensed Software other than for a single copy of binary
85     portions of the Licensed Software for backup purposes only.
86     You agree to reproduce all copyright and other proprietary
87     right notices on any such copy.
88    
89     3.2 Except as otherwise provided by law, you may not modify
90     or create derivative works of the Licensed Software, or
91     reverse engineer, disassemble or decompile binary portions
92     of the Licensed Software, otherwise attempt to derive the
93     source code from such portions, or assist any other person
94     or entity in any of these activities.
95    
96     3.3 No right, title, or interest in or to the Licensed
97     Software, any trademarks, service marks, or trade names of
98     Sun or Sun's licensors is granted under this Agreement. You
99     acknowledge and agree as between you and Sun that Sun owns
100     the SUN, SOLARIS, JAVA, JINI, JDK, FORTE, STAROFFICE,
101     STARPORTAL, SUN ONE, and iPLANET trademarks and all SUN,
102     SOLARIS, JAVA, JINI, FORTE, STAROFFICE, STARPORTAL, SUN ONE
103     and iPLANET-related trademarks, service marks, logos and
104     other brand designations ("Sun Marks").
105    
106     3.4 You have no right to use the Licensed Software in a
107     production environment, for commercial use, or for
108     operational purposes.
109    
110     3.5 You acknowledge that Licensed Software may contain a
111     timebomb mechanism.
112    
113     3.6 You may use any Sun(tm) ONE, Sun(tm) or third party
114     products embedded in or bundled with Software only in
115     conjunction with Software (and the applications that run on
116     Software), and not with other software products or on a
117     stand-alone basis. Except as otherwise explicitly provided,
118     the use of each such bundled product shall be governed by
119     its license agreement.
120    
121     3.7 Software may contain source code that is provided solely
122     for reference purposes pursuant to the terms of this
123     Agreement. Source code may not be redistributed unless
124     expressly provided for in this Agreement.
125    
126     3.8 You may not publish or provide the results of any
127     benchmark or comparison tests run on the Licensed Software
128     to any third party without Sun's prior written consent.
129    
130     4.0 NO FURTHER OBLIGATIONS Neither Sun nor its licensors are
131     under any obligation to support the Licensed Software or to
132     provide you with updates or error corrections (collectively
133     "Software Updates"). If Sun, at its sole option, supplies
134     Software Updates to you, the Software Updates will be
135     considered part of Licensed Software, and subject to the
136     terms of this Agreement. Further, neither Sun nor its
137     licensors are under any obligation to develop, market, sell,
138     distribute or take any other action with respect to the
139     Licensed Software or to provide or ensure compatibility
140     between the Licensed Software and any future version of the
141     Licensed Software.
142    
143     5.0 TERM AND TERMINATION OF AGREEMENT 5.1 This Agreement
144     will commence on the date on which you install the Licensed
145     Software (the "Effective Date") and will terminate 90 days
146     from the Effective Date, unless terminated earlier as set
147     forth below. However, if the Licensed Software does not
148     require installation for use, the Effective Date is the date
149     that you accept this Agreement.
150    
151     5.2 You may terminate this Agreement at any time by
152     completely destroying all copies of the Licensed Software
153     and removing all portions of the Licensed Software that you
154     deployed on any electronic device (including without
155     limitation, computer systems, servers, networks, and
156     personal electronic devices).
157    
158     5.3 Sun may terminate this Agreement upon 10 days' written
159     notice to you. However, Sun may terminate this Agreement
160     immediately should any Licensed Software become, or in Sun's
161     and/or its licensors' opinion be likely to become, the
162     subject of a claim of intellectual property infringement or
163     trade secret misappropriation.
164    
165     5.4 Sun may terminate this Agreement immediately should you
166     materially breach any of its provisions or take any action
167     in derogation of Sun's and/or its licensors' rights to the
168     Licensed Software.
169    
170     5.5 Upon termination or expiration of this Agreement, you
171     will immediately cease use of and destroy Licensed Software,
172     and within ten (10) days from termination or expiration of
173     this Agreement, you will any copies thereof and provide Sun
174     a written statement from a duly authorized representative
175     certifying that you have complied with the foregoing
176     obligations.
177    
178     5.6 The following sections will survive any termination or
179     expiration of this Agreement: Sections 1.0, 3.0, 4.0, 5.5,
180     5.6, and 6.0-9.0. You shall have no rights toN IF ANY EXCLUSIVE REMEDY PROVIDED IN THIS AGREEMENT
181     FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL THE
182     CUMMULATIVE LIABILITY OF SUN FOR ANY DAMAGES WHATSOEVER
183     INCURRED BY YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT
184     EXCEED THE TOTAL AMOUNT ACTUALLY PAID TO SUN BY YOU UNDER
185     THIS AGREEMENT.
186    
187     8.0 U.S. GOVERNMENT RESTRICTED RIGHTS. If Licensed
188     Software is being acquired by or on behalf of the U.S.
189     Government or by a U.S. Government prime contractor or
190     subcontractor (at any tier), then the Government's rights in
191     the Licensed Software will be only as set forth in this
192     Agreement; this is in accordance with 48 CFR 227.7201
193     through 227.7202-4 (for Department of Defense (DOD)
194     acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD
195     acquisitions).
196    
197     9.0 GENERAL TERMS 9.1 This Agreement will be governed by and
198     construed in accordance with the laws of the State of
199     California, U.S.A., excluding its conflict of laws
200     principles. You expressly agree and consent that exclusive
201     jurisdiction and venue for any dispute arising out of or
202     relating to this Agreement will lie with the federal and
203     state courts located in and serving Santa Clara County,
204     California, U.S.A. The U.N. Convention for the
205     International Sale of Goods and the choice of law rules of
206     any jurisdiction will not apply. The official text of this
207     Agreement is in the English language and any interpretation
208     or construction of this Agreement will be based thereon. In
209     the event that this Agreement or any documents or notices
210     related to it are translated into any other language, the
211     English language version will control.
212    
213     9.2 Licensed Software and technical data delivered under
214     this Agreement are subject to U.S. export control laws and
215     may be subject to export or import regulations in other
216     countries. You agree to comply strictly with all such laws
217     and regulations and acknowledge that you have the
218     responsibility to obtain such licenses to export, re-export
219     or import as may be required after delivery to you. Unless
220     authorized by the U.S. Government, you will not, directly
221     or indiountry identified in the U.S. export laws, including but
222     not limited to the Export Administration Regulations (15
223     C.F.R. Parts 730-774). You affirm that you are not
224     identified on any U.S. Government export exclusion lists
225     and that you will not use Licensed Software for nuclear
226     missile, chemical biological weaponry, or other weapons of
227     mass destruction.
228    
229     9.3 It is understood and agreed that, notwithstanding any
230     other provision of this Agreement, your breach of the
231     provisions of Sections 2.0, or 3.0 of this Agreement will
232     cause Sun and/or its licensors irreparable damage for which
233     recovery of money damages would be inadequate, and that Sun
234     and/or its licensors will therefore be entitled to seek
235     timely injunctive relief, without the necessity of posting
236     bond or other security, to protect Sun's and/or its
237     licensors' rights under this Agreement in addition to any
238     and all remedies available at law.
239    
240     9.4 You may not assign or otherwise transfer any of your
241     rights or obligations under this Agreement, without the
242     prior written consent of Sun.
243    
244     9.5 If any provision of this Agreement is held invalid by
245     any law or regulation of any government or by any court,
246     such invalidity will not affect the enforceability of any
247     other provisions.
248    
249     9.6 Any express waiver or failure to exercise promptly any
250     right under this Agreement will not create a continuing
251     waiver or any expectation of non-enforcement.
252    
253     9.7 This Agreement is the parties' entire agreement relating
254     to its subject matter. It supersedes all prior or
255     contemporaneous oral or written communications, proposals,
256     conditions, representations and warranties and prevails over
257     any conflicting or additional terms of any quote, order,
258     acknowledgment, or other communication between the parties
259     relating to its subject matter during the term of this
260     Agreement. No modification to this Agreement will be
261     binding, unless in writing and signed by an authorized
262     representative of each party.
263    
264     For inquiries please contact: Sun Microsystems, Inc., 4140
265     Network Circle, Santa Clara, California 95054
266    
267    
268     SECTION B:
269    
270     Sun Microsystems, Inc. Binary Code License Agreement
271     ("BCL") Sun Java System Message Queue 3.5 SP2, Platfoto be unenforceable, this Agreement will remain in
272     effect with the provision omitted, unless omission would
273     frustrate the intent of the parties, in which case this
274     Agreement will immediately terminate.
275    
276     11. Integration. This Agreement is the entire agreement
277     between you and Sun relating to its subject matter. It
278     supersedes all prior or contemporaneous oral or written
279     communications, proposals, representations and warranties
280     and prevails over any conflicting or additional terms of any
281     quote, order, acknowledgment, or other communication between
282     the parties relating to its subject matter during the term
283     of this Agreement. No modification of this Agreement will
284     be binding, unless in writing and signed by an authorized
285     representative of each party.
286    
287     For inquiries please contact: Sun Microsystems, Inc., 4140
288     Network Circle, Santa Clara, California 95054
289    
290     Sun Microsystems, Inc. Supplemental Terms and Conditions
291     for Sun(TM) Java System Message Queue 3.5 SP2, Platform
292     Edition
293    
294     These terms and conditions for the Message Queue PE
295     supplement the terms and conditions of the Agreement for the
296     Message Queue PE. Capitalized terms not defined herein
297     shall have the meanings ascribed to them in Agreement for
298     Message Queue PE. These terms and conditions shall
299     supersede any inconsistent or conflicting terms and
300     conditions in the Agreement for the Message Queue PE.
301    
302     1. Definitions.
303    
304     A. "Broker" means the server side Software component that
305     manages the routing of JMS messages.
306    
307     B. "Client Applications" means the application created by
308     you using the APIs provided in the Software for
309     connecting with the Broker.
310    
311     2. Additional Use Conditions.
312    
313     A. You may copy the documentation, without change, as
314     necessary to fully utilize Software, provided the copies
315     contain all of the original proprietary notices.
316    
317     B. You may use any Sun(tm) ONE, Sun(tm) or third party
318     products embedded in or bundled with Software only in
319     conjunction with Software (and the applications that run
320     on Software), and not with other software products or on
321     a stand-alone basis. Except as otherwise explicitly
322     provided, the use of each such bundled product shall be
323     governed by its license agreement.
324    
325     C.extends to you an
326     option to purchase, at your election, an upgrade to Sun
327     Java System Queue, Enterprise Edition, that will, upon
328     payment of the applicable license fee, terminate your
329     license to Message Queue PE, and upgrade the Software to
330     Sun Java System Message Queue, Enterprise Edition. Your
331     use of Sun Java System Message Queue, Enterprise Edition
332     pursuant to the upgrade will be governed by and subject
333     to the BCL and applicable Supplemental Terms. No
334     additional license for the Software is being granted with
335     the purchase of an upgrade to the Software.
336    
337     3. License to Distribute Redistributables. Subject to the
338     terms and conditions of this Agreement, Sun grants you a
339     non-exclusive, non-transferable, limited license to
340     reproduce and distribute the binary form of those files
341     specifically identified as redistributable below in Section
342     3.A ("Redistributables"), provided that: (i) you do not
343     distribute additional software intended to supersede any
344     component(s) of the Redistributables, (ii) you do not remove
345     or alter any proprietary legends or notices contained in or
346     on the Redistributables, (iii) you only distribute the
347     Redistributables pursuant to a license agreement that
348     protects Sun's interests consistent with the terms contained
349     in the Agreement, and (iv) you agree to defend and indemnify
350     Sun and its licensors from and against any damages, costs,
351     liabilities, settlement amounts and/or expenses (including
352     attorneys' fees) incurred in connection with any claim,
353     lawsuit or action by any third party that arises or results
354     from the use or distribution of any and all Programs and/or
355     Software. If you distribute the Redistributables pursuant
356     to this paragraph, you must include the following statement
357     as part of product documentation (whether hard copy or
358     electronic), as a part of a copyright page or proprietary
359     rights notice page, in an "About" box or in any other form
360     reasonably designed to make the statement visible to users
361     of the Software: "This product includes code licensed from
362     RSA Data Security".
363    
364    
365     A. Only the following jar files may be redistributed in
366     accordance with the license in Section 3 of these
367     les distributed with the product are NOT
368     redistributable.
369    
370    
371     4. Java Technology Restrictions. In the event that you
372     create an additional class and associated API(s) which (i)
373     extends the functionality of the Java platform, and (ii) is
374     exposed to third party software developers for the purpose
375     of developing additional software which invokes such
376     additional API, you must promptly publish broadly an
377     accurate specification for such API for free use by all
378     developers. You may not create, or authorize your licensees
379     to create, additional classes, interfaces, or sub- packages
380     that are in any way identified as "java", "javax", "sun" or
381     similar convention as specified by Sun in any naming
382     convention designation.
383    
384     5. Trademarks and Logos. You acknowledge and agree as
385     between you and Sun that Sun owns the SUN, SOLARIS, JAVA,
386     JINI, JDK, FORTE, STAROFFICE, STARPORTAL and iPLANET
387     trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE,
388     STAROFFICE, STARPORTAL and iPLANET-related trademarks,
389     service marks, logos and other brand designations ("Sun
390     Marks"), and you agree to comply with the Sun Trademark and
391     Logo Usage Requirements currently located at
392     http://www.sun.com/policies/trademarks. Any use you make of
393     the Sun Marks inures to Sun's benefit.
394    
395     6. Source Code. Software may contain source code that is
396     provided solely for reference purposes pursuant to the terms
397     of this Agreement. Source code may not be redistributed
398     unless expressly provided for in this Agreement.
399    
400     7. Termination for Infringement. Either party may
401     terminate this Agreement immediately should any Software
402     become, or in either party's opinion be likely to become,
403     the subject of a claim of infringement of any intellectual
404     property right.
405    
406     8. Additional Restrictions. You may not publish or provide
407     the results of any benchmark or comparison tests run on
408     Software to any third party without the prior written
409     consent of Sun.
410    
411    
412     SOMQ3.5PE/EE-EVAL LICENSE (LFI#:142957)

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