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Revision 1.2 - (show annotations) (download)
Tue Nov 27 19:30:41 2007 UTC (12 years, 4 months ago) by mr_bones_
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remove unused sun-bcla-jdbc2 license

1 Sun Microsystems, Inc.
2 Binary Code License Agreement
3
4 READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED
5 SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY
6 "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE
7 MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA
8 PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT.
9 IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY,
10 INDICATE YOUR ACCEPTANCE OF THESE TERMS BY
11 SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS
12 AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE
13 TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR
14 PLACE OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE
15 IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE"
16 BUTTON AT THE END OF THIS AGREEMENT.
17
18 1. LICENSE TO USE. Sun grants you a
19 non-exclusive and non-transferable license for the
20 internal use only of the accompanying software and
21 documentation and any error corrections provided
22 by Sun (collectively "Software"), by the number of
23 users and the class of computer hardware for which
24 the corresponding fee has been paid.
25
26 2. RESTRICTIONS Software is confidential and
27 copyrighted. Title to Software and all associated
28 intellectual property rights is retained by Sun
29 and/or its licensors. Except as specifically
30 authorized in any Supplemental License Terms, you
31 may not make copies of Software, other than a
32 single copy of Software for archival purposes.
33 Unless enforcement is prohibited by applicable
34 law, you may not modify, decompile, or reverse
35 engineer Software. Software is not designed or
36 licensed for use in on-line control of aircraft,
37 air traffic, aircraft navigation or aircraft
38 communications; or in the design, construction,
39 operation or maintenance of any nuclear facility.
40 No right, title or interest in or to any
41 trademark, service mark, logo or trade name of Sun
42 or its licensors is granted under this Agreement.
43
44 3. LIMITED WARRANTY. Sun warrants to you that for
45 a period of ninety (90) days from the date of
46 purchase, as evidenced by a copy of the receipt,
47 the media on which Software is furnished (if any)
48 will be free of defects in materials and
49 workmanship under normal use. Except for the
50 foregoing, Software is provided "AS IS". Your
51 exclusive remedy and Sun's entire liability under
52 this limited warranty will be at Sun's option to
53 replace Software media or refund the fee paid for
54 Software.
55
56 4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN
57 THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,
58 REPRESENTATIONS AND WARRANTIES, INCLUDING ANY
59 IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
60 PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE
61 DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE
62 DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
63
64 5. LIMITATION OF LIABILITY. TO THE EXTENT NOT
65 PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS
66 LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT
67 OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL,
68 INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED
69 REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT
70 OF OR RELATED TO THE USE OF OR INABILITY TO USE
71 SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE
72 POSSIBILITY OF SUCH DAMAGES. In no event will
73 Sun's liability to you, whether in contract, tort
74 (including negligence), or otherwise, exceed the
75 amount paid by you for Software under this
76 Agreement. The foregoing limitations will apply
77 even if the above stated warranty fails of its
78 essential purpose.
79
80 6. Termination. This Agreement is effective
81 until terminated. You may terminate this
82 Agreement at any time by destroying all copies of
83 Software. This Agreement will terminate
84 immediately without notice from Sun if you fail to
85 comply with any provision of this Agreement. Upon
86 Termination, you must destroy all copies of
87 Software.
88
89 7. Export Regulations. All Software and
90 technical data delivered under this Agreement are
91 subject to US export control laws and may be
92 subject to export or import regulations in other
93 countries. You agree to comply strictly with all
94 such laws and regulations and acknowledge that you
95 have the responsibility to obtain such licenses to
96 export, re-export, or import as may be required
97 after delivery to you.
98
99 8. U.S. Government Restricted Rights. If
100 Software is being acquired by or on behalf of the
101 U.S. Government or by a U.S. Government prime
102 contractor or subcontractor (at any tier), then
103 the Government's rights in Software and
104 accompanying documentation will be only as set
105 forth in this Agreement; this is in accordance
106 with 48 CFR 227.7201 through 227.7202-4 (for
107 Department of Defense (DOD) acquisitions) and with
108 48 CFR 2.101 and 12.212 (for non-DOD
109 acquisitions).
110
111 9. Governing Law. Any action related to this
112 Agreement will be governed by California law and
113 controlling U.S. federal law. No choice of law
114 rules of any jurisdiction will apply.
115
116 10. Severability. If any provision of this
117 Agreement is held to be unenforceable, this
118 Agreement will remain in effect with the provision
119 omitted, unless omission would frustrate the
120 intent of the parties, in which case this
121 Agreement will immediately terminate.
122
123 11. Integration. This Agreement is the entire
124 agreement between you and Sun relating to its
125 subject matter. It supersedes all prior or
126 contemporaneous oral or written communications,
127 proposals, representations and warranties and
128 prevails over any conflicting or additional terms
129 of any quote, order, acknowledgment, or other
130 communication between the parties relating to its
131 subject matter during the term of this Agreement.
132 No modification of this Agreement will be binding,
133 unless in writing and signed by an authorized
134 representative of each party.
135
136 For inquiries please contact: Sun Microsystems,
137 Inc. 901 San Antonio Road, Palo Alto, California
138 94303
139
140
141 SUPPLEMENTAL LICENSE TERMS
142 JDBCTM 2.0 INTERFACE CLASSES
143
144 These supplemental license terms ("Supplement")
145 add to or modify the terms of the Binary Code
146 License Agreement (collectively, the
147 "Agreement"). Capitalized terms not defined in
148 this Supplement shall have the same meanings
149 ascribed to them in the Agreement. These
150 Supplement terms shall supersede any inconsistent
151 or conflicting terms in the Agreement, or in any
152 license contained within the Software.
153
154 1. License to Distribute. Sun grants you a
155 non-exclusive, non-transferable, limited license
156 to reproduce and distribute the binary and/or
157 source code form of the Software to third party
158 end users through multiple tiers of distribution,
159 provided that you: (i) distribute the Software
160 complete and unmodified in its original Java
161 Archive file, and only bundled as a part of your
162 program that incorporates the Software
163 ("Program"); (ii) do not distribute additional
164 software intended to replace any component(s) of
165 the Software; (iii) agree to incorporate the most
166 current version of the Software that was available
167 from Sun no later than 180 days prior to each
168 production release of the Program; (iv) do not
169 remove or alter any proprietary legends or notices
170 contained in or on the Software; (v) only
171 distribute the Program pursuant to a license
172 agreement that protects Sun's interest consistent
173 with the terms contained in the Agreement; (vi)
174 may not create, or authorize your licensees to cr!
175 eate additional classes, interfaces, or
176 subpackages that are contained in the "java"
177 "javax" or "sun" packages or similar as specified
178 by Sun in any class file naming convention; and
179 (vii) agree to defend and indemnify Sun and its
180 licensors from and against any damages, costs,
181 liabilities, settlement amounts and/or expenses
182 (including attorneys' fees) incurred in connection
183 with any claim, lawsuit or action by any third
184 party that arises or results from the use or
185 distribution of any and all Programs.
186
187 2. Trademarks and Logos. You acknowledge as
188 between you and Sun that Sun owns the Java
189 trademark and all Java-related trademarks, logos
190 and icons including the Coffee Cup and Duke ("Java
191 Marks") and agree to comply with the Java
192 Trademark Guidelines at
193 http://java.sun.com/trademarks.html.

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