Contents of /licenses/sun-bcla-jms


                 Sun Microsystems, Inc.
             Binary Code License Agreement

   READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED
   SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY
   "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE
   MEDIA PACKAGE.  BY OPENING THE SOFTWARE MEDIA
   PACKAGE, YOU AGREE TO THE TERMS OF THIS
   AGREEMENT.  IF YOU ARE ACCESSING THE SOFTWARE
   ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE
   TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END
   OF THIS AGREEMENT.  IF YOU DO NOT AGREE TO ALL
   THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE
   TO YOUR PLACE OF PURCHASE FOR A REFUND OR, IF THE
   SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE
   "DECLINE" BUTTON AT THE END OF THIS AGREEMENT.

   1.  LICENSE TO USE.  Sun grants you a
   non-exclusive and non-transferable license for the
   internal use only of the accompanying software and
   documentation and any error corrections provided
   by Sun (collectively "Software"), by the number of
   users and the class of computer hardware for which
   the corresponding fee has been paid.

   2.  RESTRICTIONS.  Software is confidential and
   copyrighted. Title to Software and all associated
   intellectual property rights is retained by Sun
   and/or its licensors.  Except as specifically
   authorized in any Supplemental License Terms, you
   may not make copies of Software, other than a
   single copy of Software for archival purposes.
   Unless enforcement is prohibited by applicable
   law, you may not modify, decompile, or reverse
   engineer Software.  You acknowledge that Software
   is not designed, licensed or intended for use in
   the design, construction, operation or maintenance
   of any nuclear facility.  Sun disclaims any
   express or implied warranty of fitness for such
   uses.  No right, title or interest in or to any
   trademark, service mark, logo or trade name of Sun
   or its licensors is granted under this Agreement.

   3. LIMITED WARRANTY.  Sun warrants to you that for
   a period of ninety (90) days from the date of
   purchase, as evidenced by a copy of the receipt,
   the media on which Software is furnished (if any)
   will be free of defects in materials and
   workmanship under normal use.  Except for the
   foregoing, Software is provided "AS IS".  Your
   exclusive remedy and Sun's entire liability under
   this limited warranty will be at Sun's option to
   replace Software media or refund the fee paid for
   Software.

   4.  DISCLAIMER OF WARRANTY.  UNLESS SPECIFIED IN
   THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,
   REPRESENTATIONS AND WARRANTIES, INCLUDING ANY
   IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
   PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE
   DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE
   DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

   5.  LIMITATION OF LIABILITY.  TO THE EXTENT NOT
   PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS
   LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT
   OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL,
   INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED
   REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT
   OF OR RELATED TO THE USE OF OR INABILITY TO USE
   SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE
   POSSIBILITY OF SUCH DAMAGES.  In no event will
   Sun's liability to you, whether in contract, tort
   (including negligence), or otherwise, exceed the
   amount paid by you for Software under this
   Agreement.  The foregoing limitations will apply
   even if the above stated warranty fails of its
   essential purpose.

   6.  Termination.  This Agreement is effective
   until terminated.  You may terminate this
   Agreement at any time by destroying all copies of
   Software.  This Agreement will terminate
   immediately without notice from Sun if you fail to
   comply with any provision of this Agreement.  Upon
   Termination, you must destroy all copies of
   Software.

   7. Export Regulations. All Software and technical
   data delivered under this Agreement are subject to
   US export control laws and may be subject to
   export or import regulations in other countries.
   You agree to comply strictly with all such laws
   and regulations and acknowledge that you have the
   responsibility to obtain such licenses to export,
   re-export, or import as may be required after
   delivery to you.

   8.   U.S. Government Restricted Rights.  If
   Software is being acquired by or on behalf of the
   U.S. Government or by a U.S. Government prime
   contractor or subcontractor (at any tier), then
   the Government's rights in Software and
   accompanying documentation will be only as set
   forth in this Agreement; this is in accordance
   with 48 CFR 227.7201 through 227.7202-4 (for
   Department of Defense (DOD) acquisitions) and with
   48 CFR 2.101 and 12.212 (for non-DOD
   acquisitions).

   9.  Governing Law.  Any action related to this
   Agreement will be governed by California law and
   controlling U.S. federal law.  No choice of law
   rules of any jurisdiction will apply.

   10.  Severability. If any provision of this
   Agreement is held to be unenforceable, this
   Agreement will remain in effect with the provision
   omitted, unless omission would frustrate the
   intent of the parties, in which case this
   Agreement will immediately terminate.

   11.  Integration.  This Agreement is the entire
   agreement between you and Sun relating to its
   subject matter.  It supersedes all prior or
   contemporaneous oral or written communications,
   proposals, representations and warranties and
   prevails over any conflicting or additional terms
   of any quote, order, acknowledgment, or other
   communication between the parties relating to its
   subject matter during the term of this Agreement.
   No modification of this Agreement will be binding,
   unless in writing and signed by an authorized
   representative of each party.

               JAVA(TM) INTERFACE CLASSES
        JAVA MESSAGE SERVICE (JMS), VERSION 1.1
               SUPPLEMENTAL LICENSE TERMS

   These supplemental license terms ("Supplemental
   Terms") add to or modify the terms of the Binary
   Code License Agreement (collectively, the
   "Agreement"). Capitalized terms not defined in
   these Supplemental Terms shall have the same
   meanings ascribed to them in the Agreement. These
   Supplemental Terms shall supersede any
   inconsistent or conflicting terms in the
   Agreement, or in any license contained within the
   Software.

   1. Software Internal Use and Development License
   Grant. Subject to the terms and conditions of this
   Agreement, including, but not limited to Section 3
   (Java Technology Restrictions) of these
   Supplemental Terms, Sun grants you a
   non-exclusive, non-transferable, limited license
   to reproduce internally and use internally the
   binary form of the Software, complete and
   unmodified, for the sole purpose of designing,
   developing and testing your Java applets and
   applications ("Programs").

   2. License to Distribute Software.  In addition to
   the license granted in Section 1 (Software
   Internal Use and Development License Grant) of
   these Supplemental Terms, subject to the terms and
   conditions of this Agreement, including but not
   limited to Section 3 (Java Technology
   Restrictions), Sun grants you a non-exclusive,
   non-transferable, limited license to reproduce and
   distribute the Software in binary form only,
   provided that you (i) distribute the Software
   complete and unmodified and only bundled as part
   of your Programs, (ii) do not distribute
   additional software intended to replace any
   component(s) of the Software, (iii) do not remove
   or alter any proprietary legends or notices
   contained in the Software, (iv) only distribute
   the Software subject to a license agreement that
   protects Sun's interests consistent with the terms
   contained in this Agreement, and (v) agree to
   defend and indemnify Sun and its licensors from
   and against any damages, costs, liabilities,
   settlement amounts and/or expenses (including
   attorneys' fees) incurred in connection with any
   claim, lawsuit or action by any third party that
   arises or results from the use or distribution of
   any and all Programs and/or Software.

   3. Java Technology Restrictions. You may not
   modify the Java Platform Interface ("JPI",
   identified as classes contained within the "java"
   package or any subpackages of the "java" package),
   by creating additional classes within the JPI or
   otherwise causing the addition to or modification
   of the classes in the JPI.  In the event that you
   create an additional class and associated API(s)
   which (i) extends the functionality of the Java
   Platform, and (ii) is exposed to third party
   software developers for the purpose of developing
   additional software which invokes such additional
   API, you must promptly publish broadly an accurate
   specification for such API for free use by all
   developers. You may not create, or authorize your
   licensees to create additional classes,
   interfaces, or subpackages that are in any way
   identified as "java", "javax", "sun" or similar
   convention as specified by Sun in any naming
   convention designation.

   4. Trademarks and Logos. You acknowledge and agree
   as between you and Sun that Sun owns the SUN,
   SOLARIS, JAVA, JINI, FORTE, STAROFFICE, STARPORTAL
   and iPLANET trademarks and all SUN, SOLARIS, JAVA,
   JINI, FORTE, STAROFFICE, STARPORTAL and
   iPLANET-related trademarks, service marks, logos
   and other brand designations ("Sun Marks"), and
   you agree to comply with the Sun Trademark and
   Logo Usage Requirements currently located at
   http://www.sun.com/policies/trademarks. Any use
   you make of the Sun Marks inures to Sun's benefit.

   5. Source Code. Software may contain source code
   that is provided solely for reference purposes
   pursuant to the terms of this Agreement.  Source
   code may not be redistributed unless expressly
   provided for in this Agreement.

   6. Termination for Infringement.  Either party may
   terminate this Agreement immediately should any
   Software become, or in either party's opinion be
   likely to become, the subject of a claim of
   infringement of any intellectual property right.

   For inquiries please contact: Sun Microsystems,
   Inc.  901 San Antonio Road, Palo Alto, California
   94303
   (LFI#111755/Form ID#011801)
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)