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Revision 1.3 - (show annotations) (download)
Sat Jul 21 11:17:43 2007 UTC (7 years, 2 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
2 Sun Microsystems, Inc.
3 Binary Code License Agreement
4
5 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 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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