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Revision 1.3 - (hide annotations) (download)
Sat Jul 21 11:17:43 2007 UTC (7 years, 5 months ago) by betelgeuse
Branch: MAIN
CVS Tags: HEAD
Changes since 1.2: +54 -1 lines
The license was cut in half so add the rest of it. Fixes bug #186007.

1 axxo 1.1
2 axxo 1.2 Sun Microsystems, Inc.
3     Binary Code License Agreement
4 axxo 1.1
5 axxo 1.2 READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED
6     SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY
7     "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE
8     MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA
9     PACKAGE, YOU AGREE TO THE TERMS OF THIS
10     AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE
11     ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE
12     TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END
13     OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL
14     THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE
15     TO YOUR PLACE OF PURCHASE FOR A REFUND OR, IF THE
16     SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE
17     "DECLINE" BUTTON AT THE END OF THIS AGREEMENT.
18    
19     1. LICENSE TO USE. Sun grants you a
20     non-exclusive and non-transferable license for the
21     internal use only of the accompanying software and
22     documentation and any error corrections provided
23     by Sun (collectively "Software"), by the number of
24     users and the class of computer hardware for which
25     the corresponding fee has been paid.
26    
27     2. RESTRICTIONS. Software is confidential and
28     copyrighted. Title to Software and all associated
29     intellectual property rights is retained by Sun
30     and/or its licensors. Except as specifically
31     authorized in any Supplemental License Terms, you
32     may not make copies of Software, other than a
33     single copy of Software for archival purposes.
34     Unless enforcement is prohibited by applicable
35     law, you may not modify, decompile, or reverse
36     engineer Software. You acknowledge that Software
37     is not designed, licensed or intended for use in
38     the design, construction, operation or maintenance
39     of any nuclear facility. Sun disclaims any
40     express or implied warranty of fitness for such
41     uses. No right, title or interest in or to any
42     trademark, service mark, logo or trade name of Sun
43     or its licensors is granted under this Agreement.
44    
45     3. LIMITED WARRANTY. Sun warrants to you that for
46     a period of ninety (90) days from the date of
47     purchase, as evidenced by a copy of the receipt,
48     the media on which Software is furnished (if any)
49     will be free of defects in materials and
50     workmanship under normal use. Except for the
51     foregoing, Software is provided "AS IS". Your
52     exclusive remedy and Sun's entire liability under
53     this limited warranty will be at Sun's option to
54     replace Software media or refund the fee paid for
55     Software.
56    
57     4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN
58     THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,
59     REPRESENTATIONS AND WARRANTIES, INCLUDING ANY
60     IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
61     PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE
62     DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE
63     DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
64    
65     5. LIMITATION OF LIABILITY. TO THE EXTENT NOT
66     PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS
67     LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT
68     OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL,
69     INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED
70     REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT
71     OF OR RELATED TO THE USE OF OR INABILITY TO USE
72     SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE
73     POSSIBILITY OF SUCH DAMAGES. In no event will
74     Sun's liability to you, whether in contract, tort
75     (including negligence), or otherwise, exceed the
76     amount paid by you for Software under this
77     Agreement. The foregoing limitations will apply
78     even if the above stated warranty fails of its
79     essential purpose.
80    
81     6. Termination. This Agreement is effective
82     until terminated. You may terminate this
83     Agreement at any time by destroying all copies of
84     Software. This Agreement will terminate
85     immediately without notice from Sun if you fail to
86     comply with any provision of this Agreement. Upon
87     Termination, you must destroy all copies of
88     Software.
89    
90     7. Export Regulations. All Software and technical
91     data delivered under this Agreement are subject to
92     US export control laws and may be subject to
93     export or import regulations in other countries.
94     You agree to comply strictly with all such laws
95     and regulations and acknowledge that you have the
96     responsibility to obtain such licenses to export,
97     re-export, or import as may be required after
98     delivery to you.
99    
100     8. U.S. Government Restricted Rights. If
101     Software is being acquired by or on behalf of the
102     U.S. Government or by a U.S. Government prime
103     contractor or subcontractor (at any tier), then
104     the Government's rights in Software and
105     accompanying documentation will be only as set
106     forth in this Agreement; this is in accordance
107     with 48 CFR 227.7201 through 227.7202-4 (for
108     Department of Defense (DOD) acquisitions) and with
109     48 CFR 2.101 and 12.212 (for non-DOD
110     acquisitions).
111    
112     9. Governing Law. Any action related to this
113     Agreement will be governed by California law and
114     controlling U.S. federal law. No choice of law
115     rules of any jurisdiction will apply.
116    
117     10. Severability. If any provision of this
118     Agreement is held to be unenforceable, this
119     Agreement will remain in effect with the provision
120     omitted, unless omission would frustrate the
121     intent of the parties, in which case this
122     Agreement will immediately terminate.
123    
124     11. Integration. This Agreement is the entire
125     agreement between you and Sun relating to its
126     subject matter. It supersedes all prior or
127     contemporaneous oral or written communications,
128     proposals, representations and warranties and
129     prevails over any conflicting or additional terms
130     of any quote, order, acknowledgment, or other
131     communication between the parties relating to its
132     subject matter during the term of this Agreement.
133     No modification of this Agreement will be binding,
134     unless in writing and signed by an authorized
135     representative of each party.
136    
137     JAVA(TM) INTERFACE CLASSES
138     JAVA MESSAGE SERVICE (JMS), VERSION 1.1
139     SUPPLEMENTAL LICENSE TERMS
140    
141     These supplemental license terms ("Supplemental
142     Terms") add to or modify the terms of the Binary
143     Code License Agreement (collectively, the
144     "Agreement"). Capitalized terms not defined in
145     these Supplemental Terms shall have the same
146     meanings ascribed to them in the Agreement. These
147     Supplemental Terms shall supersede any
148     inconsistent or conflicting terms in the
149     Agreement, or in any license contained within the
150     Software.
151    
152     1. Software Internal Use and Development License
153     Grant. Subject to the terms and conditions of this
154     Agreement, including, but not limited to Section 3
155     (Java Technology Restrictions) of these
156     Supplemental Terms, Sun grants you a
157     non-exclusive, non-transferable, limited license
158     to reproduce internally and use internally the
159     binary form of the Software, complete and
160     unmodified, for the sole purpose of designing,
161     developing and testing your Java applets and
162     applications ("Programs").
163    
164     2. License to Distribute Software. In addition to
165     the license granted in Section 1 (Software
166     Internal Use and Development License Grant) of
167     these Supplemental Terms, subject to the terms and
168     conditions of this Agreement, including but not
169     limited to Section 3 (Java Technology
170     Restrictions), Sun grants you a non-exclusive,
171     non-transferable, limited license to reproduce and
172     distribute the Software in binary form only,
173     provided that you (i) distribute the Software
174     complete and unmodified and only bundled as part
175     of your Programs, (ii) do not distribute
176     additional software intended to replace any
177     component(s) of the Software, (iii) do not remove
178     or alter any proprietary legends or notices
179     contained in the Software, (iv) only distribute
180     the Software subject to a license agreement that
181     protects Sun's interests consistent with the terms
182     contained in this Agreement, and (v) agree to
183     defend and indemnify Sun and its licensors from
184     and against any damages, costs, liabilities,
185     settlement amounts and/or expenses (including
186     attorneys' fees) incurred in connection with any
187 betelgeuse 1.3 claim, lawsuit or action by any third party that
188     arises or results from the use or distribution of
189     any and all Programs and/or Software.
190    
191     3. Java Technology Restrictions. You may not
192     modify the Java Platform Interface ("JPI",
193     identified as classes contained within the "java"
194     package or any subpackages of the "java" package),
195     by creating additional classes within the JPI or
196     otherwise causing the addition to or modification
197     of the classes in the JPI. In the event that you
198     create an additional class and associated API(s)
199     which (i) extends the functionality of the Java
200     Platform, and (ii) is exposed to third party
201     software developers for the purpose of developing
202     additional software which invokes such additional
203     API, you must promptly publish broadly an accurate
204     specification for such API for free use by all
205     developers. You may not create, or authorize your
206     licensees to create additional classes,
207     interfaces, or subpackages that are in any way
208     identified as "java", "javax", "sun" or similar
209     convention as specified by Sun in any naming
210     convention designation.
211    
212     4. Trademarks and Logos. You acknowledge and agree
213     as between you and Sun that Sun owns the SUN,
214     SOLARIS, JAVA, JINI, FORTE, STAROFFICE, STARPORTAL
215     and iPLANET trademarks and all SUN, SOLARIS, JAVA,
216     JINI, FORTE, STAROFFICE, STARPORTAL and
217     iPLANET-related trademarks, service marks, logos
218     and other brand designations ("Sun Marks"), and
219     you agree to comply with the Sun Trademark and
220     Logo Usage Requirements currently located at
221     http://www.sun.com/policies/trademarks. Any use
222     you make of the Sun Marks inures to Sun's benefit.
223    
224     5. Source Code. Software may contain source code
225     that is provided solely for reference purposes
226     pursuant to the terms of this Agreement. Source
227     code may not be redistributed unless expressly
228     provided for in this Agreement.
229    
230     6. Termination for Infringement. Either party may
231     terminate this Agreement immediately should any
232     Software become, or in either party's opinion be
233     likely to become, the subject of a claim of
234     infringement of any intellectual property right.
235    
236     For inquiries please contact: Sun Microsystems,
237     Inc. 901 San Antonio Road, Palo Alto, California
238     94303
239     (LFI#111755/Form ID#011801)

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