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Revision 1.1 - (show annotations) (download)
Wed Mar 17 02:44:35 2004 UTC (10 years, 1 month ago) by zx
Branch: MAIN
CVS Tags: HEAD
new licenses are fun

1 Sun Microsystems, Inc.
2 Binary Code License Agreement
3
4 READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE
5 TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE
6 MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE
7 TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE
8 ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING
9 THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE
10 TO ALL THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE
11 OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED
12 ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THIS
13 AGREEMENT.
14
15 1. LICENSE TO USE. Sun grants you a non-exclusive and
16 non-transferable license for the internal use only of the accompanying
17 software and documentation and any error corrections provided by Sun
18 (collectively "Software"), by the number of users and the class of
19 computer hardware for which the corresponding fee has been paid.
20
21 2. RESTRICTIONS. Software is confidential and copyrighted. Title to
22 Software and all associated intellectual property rights is retained by
23 Sun and/or its licensors. Except as specifically authorized in any
24 Supplemental License Terms, you may not make copies of Software, other
25 than a single copy of Software for archival purposes. Unless
26 enforcement is prohibited by applicable law, you may not modify,
27 decompile, or reverse engineer Software. You acknowledge that Software
28 is not designed, licensed or intended for use in the design,
29 construction, operation or maintenance of any nuclear facility. Sun
30 disclaims any express or implied warranty of fitness for such uses. No
31 right, title or interest in or to any trademark, service mark, logo or
32 trade name of Sun or its licensors is granted under this Agreement.
33
34 3. LIMITED WARRANTY. Sun warrants to you that for a period of ninety
35 (90) days from the date of purchase, as evidenced by a copy of the
36 receipt, the media on which Software is furnished (if any) will be free
37 of defects in materials and workmanship under normal use. Except for
38 the foregoing, Software is provided "AS IS". Your exclusive remedy and
39 Sun's entire liability under this limited warranty will be at Sun's
40 option to replace Software media or refund the fee paid for Software.
41
42 4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL
43 EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES,
44 INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
45 PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE
46 EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
47
48 5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN
49 NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE,
50 PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR
51 PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY,
52 ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE,
53 EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no
54 event will Sun's liability to you, whether in contract, tort (including
55 negligence), or otherwise, exceed the amount paid by you for Software
56 under this Agreement. The foregoing limitations will apply even if the
57 above stated warranty fails of its essential purpose.
58
59 6. Termination. This Agreement is effective until terminated. You
60 may terminate this Agreement at any time by destroying all copies of
61 Software. This Agreement will terminate immediately without notice
62 from Sun if you fail to comply with any provision of this Agreement.
63 Upon Termination, you must destroy all copies of Software.
64
65 7. Export Regulations. All Software and technical data delivered under
66 this Agreement are subject to US export control laws and may be subject
67 to export or import regulations in other countries. You agree to
68 comply strictly with all such laws and regulations and acknowledge that
69 you have the responsibility to obtain such licenses to export,
70 re-export, or import as may be required after delivery to you.
71
72 8. U.S. Government Restricted Rights. If Software is being acquired
73 by or on behalf of the U.S. Government or by a U.S. Government prime
74 contractor or subcontractor (at any tier), then the Government's rights
75 in Software and accompanying documentation will be only as set forth in
76 this Agreement; this is in accordance with 48 CFR 227.7201 through
77 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48
78 CFR 2.101 and 12.212 (for non-DOD acquisitions).
79
80 9. Governing Law. Any action related to this Agreement will be
81 governed by California law and controlling U.S. federal law. No choice
82 of law rules of any jurisdiction will apply.
83
84 10. Severability. If any provision of this Agreement is held to be
85 unenforceable, this Agreement will remain in effect with the provision
86 omitted, unless omission would frustrate the intent of the parties, in
87 which case this Agreement will immediately terminate.
88
89 11. Integration. This Agreement is the entire agreement between you
90 and Sun relating to its subject matter. It supersedes all prior or
91 contemporaneous oral or written communications, proposals,
92 representations and warranties and prevails over any conflicting or
93 additional terms of any quote, order, acknowledgment, or other
94 communication between the parties relating to its subject matter during
95 the term of this Agreement. No modification of this Agreement will be
96 binding, unless in writing and signed by an authorized representative
97 of each party.
98
99 JAVA(TM) SPEECH API (JSAPI) SPECIFICATION IMPLEMETATION, VERSION
100 1.0
101 SUPPLEMENTAL LICENSE TERMS
102
103 These supplemental license terms ("Supplemental Terms") add to or
104 modify the terms of the Binary Code License Agreement (collectively,
105 the "Agreement"). Capitalized terms not defined in these Supplemental
106 Terms shall have the same meanings ascribed to them in the Agreement.
107 These Supplemental Terms shall supersede any inconsistent or
108 conflicting terms in the Agreement, or in any license contained within
109 the Software.
110
111 1. Software Internal Use and Development License Grant. Subject to the
112 terms and conditions of this Agreement, including, but not limited to
113 Section 3 (Java(TM) Technology Restrictions) of these Supplemental
114 Terms, Sun grants you a non-exclusive, non-transferable, limited
115 license to reproduce internally and use internally the binary form of
116 the Software, complete and unmodified, for the sole purpose of
117 designing, developing and testing your Java applets and applications
118 ("Programs").
119
120 2. License to Distribute Software. In addition to the license granted
121 in Section 1 (Software Internal Use and Development License Grant) of
122 these Supplemental Terms, subject to the terms and conditions of this
123 Agreement, including but not limited to Section 3 (Java Technology
124 Restrictions), Sun grants you a non-exclusive, non-transferable,
125 limited license to reproduce and distribute the Software in binary form
126 only, provided that you (i) distribute the Software complete and
127 unmodified and only bundled as part of your Programs, (ii) do not
128 distribute additional software intended to replace any component(s) of
129 the Software, (iii) do not remove or alter any proprietary legends or
130 notices contained in the Software, (iv) only distribute the Software
131 subject to a license agreement that protects Sun's interests consistent
132 with the terms contained in this Agreement, and (v) agree to defend and
133 indemnify Sun and its licensors from and against any damages, costs,
134 liabilities, settlement amounts and/or expenses (including attorneys'
135 fees) incurred in connection with any claim, lawsuit or action by any
136 third party that arises or results from the use or distribution of any
137 and all Programs and/or Software.
138
139 3. Java Technology Restrictions. You may not modify the Java Platform
140 Interface ("JPI", identified as classes contained within the "java"
141 package or any subpackages of the "java" package), by creating
142 additional classes within the JPI or otherwise causing the addition to
143 or modification of the classes in the JPI. In the event that you
144 create an additional class and associated API(s) which (i) extends the
145 functionality of the Java Platform, and (ii) is exposed to third party
146 software developers for the purpose of developing additional software
147 which invokes such additional API, you must promptly publish broadly an
148 accurate specification for such API for free use by all developers. You
149 may not create, or authorize your licensees to create additional
150 classes, interfaces, or subpackages that are in any way identified as
151 "java", "javax", "sun" or similar convention as specified by Sun in any
152 naming convention designation.
153
154 4. Trademarks and Logos. You acknowledge and agree as between you and
155 Sun that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET
156 trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET-related
157 trademarks, service marks, logos and other brand designations ("Sun
158 Marks"), and you agree to comply with the Sun Trademark and Logo Usage
159 Requirements currently located at
160 http://www.sun.com/policies/trademarks. Any use you make of the Sun
161 Marks inures to Sun's benefit.
162
163 5. Source Code. Software may contain source code that is provided
164 solely for reference purposes pursuant to the terms of this Agreement.
165 Source code may not be redistributed unless expressly provided for in
166 this Agreement.
167
168 6. Termination for Infringement. Either party may terminate this
169 Agreement immediately should any Software become, or in either party's
170 opinion be likely to become, the subject of a claim of infringement of
171 any intellectual property right.
172
173 For inquiries please contact: Sun Microsystems, Inc. 901 San Antonio
174 Road, Palo Alto, California 94303 (LFI#108931/Form ID#011801)

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