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Revision 1.1 - (hide annotations) (download)
Sun Jan 18 06:59:55 2004 UTC (10 years, 5 months ago) by strider
Branch: MAIN
CVS Tags: HEAD
Added Sun JTA License

1 strider 1.1 Sun Microsystems, Inc.
2     Binary Code License Agreement
3    
4    
5    
6     READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE TERMS
7     (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA PACKAGE.
8     BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT.
9     IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF
10     THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF
11     YOU DO NOT AGREE TO ALL THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR
12     PLACE OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED ELECTRONICALLY,
13     SELECT THE "DECLINE" BUTTON AT THE END OF THIS AGREEMENT. 1. LICENSE TO USE.
14     Sun grants you a non-exclusive and non-transferable license for the internal use
15     only of the accompanying software and documentation and any error corrections
16     provided by Sun (collectively "Software"), by the number of users and the class
17     of computer hardware for which the corresponding fee has been paid. 2.
18     RESTRICTIONS. Software is confidential and copyrighted. Title to Software and
19     all associated intellectual property rights is retained by Sun and/or its
20     licensors. Except as specifically authorized in any Supplemental License Terms,
21     you may not make copies of Software, other than a single copy of Software for
22     archival purposes. Unless enforcement is prohibited by applicable law, you may
23     not modify, decompile, or reverse engineer Software. Licensee acknowledges that
24     Licensed Software is not designed or intended for use in the design,
25     construction, operation or maintenance of any nuclear facility. Sun
26     Microsystems, Inc. disclaims any express or implied warranty of fitness for such
27     uses. No right, title or interest in or to any trademark, service mark, logo
28     or trade name of Sun or its licensors is granted under this Agreement. 3.
29     LIMITED WARRANTY. Sun warrants to you that for a period of ninety (90) days
30     from the date of purchase, as evidenced by a copy of the receipt, the media on
31     which Software is furnished (if any) will be free of defects in materials and
32     workmanship under normal use. Except for the foregoing, Software is provided
33     "AS IS". Your exclusive remedy and Sun's entire liability under this limited
34     warranty will be at Sun's option to replace Software media or refund the fee
35     paid for Software. 4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS
36     AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES,
37     INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
38     PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE
39     DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. 5. LIMITATION OF LIABILITY. TO THE
40     EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE
41     FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL,
42     INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF
43     LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE,
44     EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event
45     will Sun's liability to you, whether in contract, tort (including negligence),
46     or otherwise, exceed the amount paid by you for Software under this Agreement.
47     The foregoing limitations will apply even if the above stated warranty fails of
48     its essential purpose. 6. Termination. This Agreement is effective until
49     terminated. You may terminate this Agreement at any time by destroying all
50     copies of Software. This Agreement will terminate immediately without notice
51     from Sun if you fail to comply with any provision of this Agreement. Upon
52     Termination, you must destroy all copies of Software. 7. Export Regulations. All
53     Software and technical data delivered under this Agreement are subject to US
54     export control laws and may be subject to export or import regulations in other
55     countries. You agree to comply strictly with all such laws and regulations and
56     acknowledge that you have the responsibility to obtain such licenses to export,
57     re-export, or import as may be required after delivery to you. 8. U.S.
58     Government Restricted Rights. If Software is being acquired by or on behalf of
59     the U.S. Government or by a U.S. Government prime contractor or subcontractor
60     (at any tier), then the Government's rights in Software and accompanying
61     documentation will be only as set forth in this Agreement; this is in accordance
62     with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD)
63     acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions). 9.
64     Governing Law. Any action related to this Agreement will be governed by
65     California law and controlling U.S. federal law. No choice of law rules of any
66     jurisdiction will apply. 10. Severability. If any provision of this Agreement
67     is held to be unenforceable, this Agreement will remain in effect with the
68     provision omitted, unless omission would frustrate the intent of the parties, in
69     which case this Agreement will immediately terminate. 11. Integration. This
70     Agreement is the entire agreement between you and Sun relating to its subject
71     matter. It supersedes all prior or contemporaneous oral or written
72     communications, proposals, representations and warranties and prevails over any
73     conflicting or additional terms of any quote, order, acknowledgment, or other
74     communication between the parties relating to its subject matter during the term
75     of this Agreement. No modification of this Agreement will be binding, unless in
76     writing and signed by an authorized representative of each party. JAVATM
77     INTERFACE CLASSES JAVA TRANSACTION API (JTA), VERSION 1.0.1B, MAINTENANCE
78     RELEASESUPPLEMENTAL LICENSE TERMS These supplemental license terms
79     ("Supplemental Terms") add to or modify the terms of the Binary Code License
80     Agreement (collectively, the "Agreement"). Capitalized terms not defined in
81     these Supplemental Terms shall have the same meanings ascribed to them in the
82     Agreement. These Supplemental Terms shall supersede any inconsistent or
83     conflicting terms in the Agreement, or in any license contained within the
84     Software. 1. Software Internal Use and Development License Grant. Subject to the
85     terms and conditions of this Agreement, including, but not limited to Section 3
86     (Java Technology Restrictions) of these Supplemental Terms, Sun grants you a
87     non-exclusive, non-transferable, limited license to reproduce internally and use
88     internally the binary form of the Software, complete and unmodified, for the
89     sole purpose of designing, developing and testing your Java applets and
90     applications ("Programs"). 2. License to Distribute Software. In addition to
91     the license granted in Section 1 (Software Internal Use and Development License
92     Grant) of these Supplemental Terms, subject to the terms and conditions of this
93     Agreement, including but not limited to Section 3 (Java Technology
94     Restrictions), Sun grants you a non-exclusive, non-transferable, limited license
95     to reproduce and distribute the Software in binary form only, provided that you
96     (i) distribute the Software complete and unmodified and only bundled as part of
97     your Programs, (ii) do not distribute additional software intended to replace
98     any component(s) of the Software, (iii) do not remove or alter any proprietary
99     legends or notices contained in the Software, (iv) only distribute the Software
100     subject to a license agreement that protects Sun's interests consistent with the
101     terms contained in this Agreement, and (v) agree to defend and indemnify Sun and
102     its licensors from and against any damages, costs, liabilities, settlement
103     amounts and/or expenses (including attorneys' fees) incurred in connection with
104     any claim, lawsuit or action by any third party that arises or results from the
105     use or distribution of any and all Programs and/or Software. 3. Java Technology
106     Restrictions. You may not modify the Java Platform Interface ("JPI", identified
107     as classes contained within the "java" package or any subpackages of the "java"
108     package), by creating additional classes within the JPI or otherwise causing the
109     addition to or modification of the classes in the JPI. In the event that you
110     create an additional class and associated API(s) which (i) extends the
111     functionality of the Java Platform, and (ii) is exposed to third party software
112     developers for the purpose of developing additional software which invokes such
113     additional API, you must promptly publish broadly an accurate specification for
114     such API for free use by all developers. You may not create, or authorize your
115     licensees to create additional classes, interfaces, or subpackages that are in
116     any way identified as "java", "javax", "sun" or similar convention as specified
117     by Sun in any naming convention designation. 4. Trademarks and Logos. You
118     acknowledge and agree as between you and Sun that Sun owns the SUN, SOLARIS,
119     JAVA, JINI, FORTE, and iPLANET trademarks and all SUN, SOLARIS, JAVA, JINI,
120     FORTE, and iPLANET-related trademarks, service marks, logos and other brand
121     designations ("Sun Marks"), and you agree to comply with the Sun Trademark and
122     Logo Usage Requirements currently located at
123     http://www.sun.com/policies/trademarks. Any use you make of the Sun Marks inures
124     to Sun's benefit. 5. Source Code. Software may contain source code that is
125     provided solely for reference purposes pursuant to the terms of this Agreement.
126     Source code may not be redistributed unless expressly provided for in this
127     Agreement. 6. Termination for Infringement. Either party may terminate this
128     Agreement immediately should any Software become, or in either party's opinion
129     be likely to become, the subject of a claim of infringement of any intellectual
130     property right. For inquiries please contact: Sun Microsystems, Inc. 4150
131     Network Circle, Santa Clara, California 95054. (LFI#121049/Form ID#011801)

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