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Revision 1.2 - (show annotations) (download)
Tue May 29 00:10:02 2007 UTC (12 years, 10 months ago) by caster
Branch: MAIN
CVS Tags: HEAD
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Remove orphaned sun-bcla licenses.

1 Sun Microsystems, Inc.
2 Binary Code License Agreement
3
4 READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL
5 LICENSE TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE
6 OPENING THE SOFTWARE MEDIA PACKAGE. BY OPENING THE SOFTWARE
7 MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU
8 ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE YOUR
9 ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT
10 THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE
11 TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF
12 PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED
13 ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THIS
14 AGREEMENT.
15
16 1. LICENSE TO USE. Sun grants you a non-exclusive and
17 non-transferable license for the internal use only of the
18 accompanying software and documentation and any error
19 corrections provided by Sun (collectively "Software"), by the
20 number of users and the class of computer hardware for which the
21 corresponding fee has been paid.
22
23 2. RESTRICTIONS. Software is confidential and copyrighted.
24 Title to Software and all associated intellectual property
25 rights is retained by Sun and/or its licensors. Except as
26 specifically authorized in any Supplemental License Terms, you
27 may not make copies of Software, other than a single copy of
28 Software for archival purposes. Unless enforcement is
29 prohibited by applicable law, you may not modify, decompile, or
30 reverse engineer Software. Licensee acknowledges that Licensed
31 Software is not designed or intended for use in the design,
32 construction, operation or maintenance of any nuclear facility.
33 Sun Microsystems, Inc. disclaims any express or implied
34 warranty of fitness for such uses. No right, title or interest
35 in or to any trademark, service mark, logo or trade name of Sun
36 or its licensors is granted under this Agreement.
37
38 3. LIMITED WARRANTY. Sun warrants to you that for a period of
39 ninety (90) days from the date of purchase, as evidenced by a
40 copy of the receipt, the media on which Software is furnished
41 (if any) will be free of defects in materials and workmanship
42 under normal use. Except for the foregoing, Software is
43 provided "AS IS". Your exclusive remedy and Sun's entire
44 liability under this limited warranty will be at Sun's option to
45 replace Software media or refund the fee paid for Software.
46
47 4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT,
48 ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND
49 WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY,
50 FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE
51 DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD
52 TO BE LEGALLY INVALID.
53
54 5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY
55 LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY
56 LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT,
57 CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED
58 REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED
59 TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN
60 ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will
61 Sun's liability to you, whether in contract, tort (including
62 negligence), or otherwise, exceed the amount paid by you for
63 Software under this Agreement. The foregoing limitations will
64 apply even if the above stated warranty fails of its essential
65 purpose.
66
67 6. Termination. This Agreement is effective until terminated.
68 You may terminate this Agreement at any time by destroying all
69 copies of Software. This Agreement will terminate immediately
70 without notice from Sun if you fail to comply with any provision
71 of this Agreement. Upon Termination, you must destroy all
72 copies of Software.
73
74 7. Export Regulations. All Software and technical data delivered
75 under this Agreement are subject to US export control laws and
76 may be subject to export or import regulations in other
77 countries. You agree to comply strictly with all such laws and
78 regulations and acknowledge that you have the responsibility to
79 obtain such licenses to export, re-export, or import as may be
80 required after delivery to you.
81
82 8. U.S. Government Restricted Rights. If Software is being
83 acquired by or on behalf of the U.S. Government or by a U.S.
84 Government prime contractor or subcontractor (at any tier), then
85 the Government's rights in Software and accompanying
86 documentation will be only as set forth in this Agreement; this
87 is in accordance with 48 CFR 227.7201 through 227.7202-4 (for
88 Department of Defense (DOD) acquisitions) and with 48 CFR 2.101
89 and 12.212 (for non-DOD acquisitions).
90
91 9. Governing Law. Any action related to this Agreement will be
92 governed by California law and controlling U.S. federal law. No
93 choice of law rules of any jurisdiction will apply.
94
95 10. Severability. If any provision of this Agreement is held to
96 be unenforceable, this Agreement will remain in effect with the
97 provision omitted, unless omission would frustrate the intent of
98 the parties, in which case this Agreement will immediately
99 terminate.
100
101 11. Integration. This Agreement is the entire agreement
102 between you and Sun relating to its subject matter. It
103 supersedes all prior or contemporaneous oral or written
104 communications, proposals, representations and warranties and
105 prevails over any conflicting or additional terms of any quote,
106 order, acknowledgment, or other communication between the
107 parties relating to its subject matter during the term of this
108 Agreement. No modification of this Agreement will be binding,
109 unless in writing and signed by an authorized representative of
110 each party.
111
112 JAVA(TM) INTERFACE CLASSES
113 J2EE(TM) CONNECTOR ARCHITECTURE 1.5
114 SUPPLEMENTAL LICENSE TERMS
115
116 These supplemental license terms ("Supplemental Terms") add to
117 or modify the terms of the Binary Code License Agreement
118 (collectively, the "Agreement"). Capitalized terms not defined
119 in these Supplemental Terms shall have the same meanings
120 ascribed to them in the Agreement. These Supplemental Terms
121 shall supersede any inconsistent or conflicting terms in the
122 Agreement, or in any license contained within the Software.
123
124 1. Software Internal Use and Development License Grant. Subject
125 to the terms and conditions of this Agreement, including, but
126 not limited to Section 3 (Java(TM) Technology Restrictions) of
127 these Supplemental Terms, Sun grants you a non-exclusive,
128 non-transferable, limited license to reproduce internally and
129 use internally the binary form of the Software, complete and
130 unmodified, for the sole purpose of designing, developing and
131 testing your Java applets and applications ("Programs").
132
133 2. License to Distribute Software. In addition to the license
134 granted in Section 1 (Software Internal Use and Development
135 License Grant) of these Supplemental Terms, subject to the terms
136 and conditions of this Agreement, including but not limited to
137 Section 3 (Java Technology Restrictions), Sun grants you a
138 non-exclusive, non-transferable, limited license to reproduce
139 and distribute the Software in binary form only, provided that
140 you (i) distribute the Software complete and unmodified and only
141 bundled as part of your Programs, (ii) do not distribute
142 additional software intended to replace any component(s) of the
143 Software, (iii) do not remove or alter any proprietary legends
144 or notices contained in the Software, (iv) only distribute the
145 Software subject to a license agreement that protects Sun's
146 interests consistent with the terms contained in this Agreement,
147 and (v) agree to defend and indemnify Sun and its licensors from
148 and against any damages, costs, liabilities, settlement amounts
149 and/or expenses (including attorneys' fees) incurred in
150 connection with any claim, lawsuit or action by any third party
151 that arises or results from the use or distribution of any and
152 all Programs and/or Software.
153
154 3. Java Technology Restrictions. You may not modify the Java
155 Platform Interface ("JPI", identified as classes contained
156 within the "java" package or any subpackages of the "java"
157 package), by creating additional classes within the JPI or
158 otherwise causing the addition to or modification of the classes
159 in the JPI. In the event that you create an additional class
160 and associated API(s) which (i) extends the functionality of the
161 Java Platform, and (ii) is exposed to third party software
162 developers for the purpose of developing additional software
163 which invokes such additional API, you must promptly publish
164 broadly an accurate specification for such API for free use by
165 all developers. You may not create, or authorize your licensees
166 to create additional classes, interfaces, or subpackages that
167 are in any way identified as "java", "javax", "sun" or similar
168 convention as specified by Sun in any naming convention
169 designation.
170
171 4. Trademarks and Logos. You acknowledge and agree as between
172 you and Sun that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE,
173 and iPLANET trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE,
174 and iPLANET-related trademarks, service marks, logos and other
175 brand designations ("Sun Marks"), and you agree to comply with
176 the Sun Trademark and Logo Usage Requirements currently located
177 at http://www.sun.com/policies/trademarks. Any use you make of
178 the Sun Marks inures to Sun's benefit.
179
180 5. Source Code. Software may contain source code that is
181 provided solely for reference purposes pursuant to the terms of
182 this Agreement. Source code may not be redistributed unless
183 expressly provided for in this Agreement.
184
185 6. Termination for Infringement. Either party may terminate
186 this Agreement immediately should any Software become, or in
187 either party's opinion be likely to become, the subject of a
188 claim of infringement of any intellectual property right.
189
190 For inquiries please contact: Sun Microsystems, Inc. 4150
191 Network Circle, Santa Clara, California 95054.
192 (LFI#136186/Form ID#011801)

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