/[gentoo-x86]/licenses/sun-bcla-jms
Gentoo

Contents of /licenses/sun-bcla-jms

Parent Directory Parent Directory | Revision Log Revision Log


Revision 1.1 - (show annotations) (download)
Sat Oct 30 18:51:54 2004 UTC (10 years, 5 months ago) by axxo
Branch: MAIN
sun-bcla-jms

1 Sun Java(TM) System Message Queue 3.5 SP2, Platform Edition
2 Sun Java System Message Queue 3.5 SP2, Enterprise Edition
3 for Evaluation Only
4
5 IMPORTANT - PLEASE READ. THE LICENSES BELOW GOVERN YOUR USE
6 OF THE SUN JAVA SYSTEM MESSAGE QUEUE, PLATFORM EDITION AND
7 SUN JAVA SYSTEM MESSAGE QUEUE, ENTERPRISE EDITION FOR
8 EVALUATION ONLY.
9
10 THIRD PARTY CODE. ADDITIONAL COPYRIGHT NOTICES AND LICENSE
11 TERMS APPLICABLE TO PORTIONS OF THE SOFTWARE ARE SET FORTH
12 IN THE THIRDPARTYLICENSEREADME FILE. IN ADDITION TO ANY
13 TERMS AND CONDITIONS OF ANY THIRD PARTY OPENSOURCE/FREEWARE
14 LICENSE IDENTIFIED IN THE THIRDPARTYLICENSEREADME FILE, THE
15 DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
16 PROVISIONS IN PARAGRAPHS 6 AND 7 OF THE BINARY CODE LICENSE
17 AGREEMENTS BELOW SHALL APPLY TO ALL SOFTWARE IN THIS
18 DISTRIBUTION.
19
20 IF YOU SELECT TO USE THE SUN JAVA SYSTEM MESSAGE QUEUE,
21 PLATFORM EDITION (ALONG WITH ALL ACCOMPANYING SOFTWARE AND
22 DOCUMENTATION, THE "MESSAGE QUEUE PE"), YOUR LICENSE TO THE
23 MESSAGE QUEUE PE IS SET FORTH ENTIRELY IN SECTION B. IF YOU
24 SELECT TO USE THE SUN JAVA SYSTEM MESSAGE QUEUE, ENTERPRISE
25 EDITION (ALONG WITH ALL ACCOMPANYING SOFTWARE AND
26 DOCUMENTATION, THE "MESSAGE QUEUE EE EVALUATION"), YOUR
27 LICENSE TO THE MESSAGE QUEUE EE EVALUATION IS SET FORTH
28 ENTIRELY IN SECTION A. The two licenses set forth in
29 Sections A and B are separate and distinct legal agreements.
30
31 READ THE TERMS OF THE AGREEMENT IN THE SECTION APPLICABLE TO
32 YOU (THE "APPLICABLE AGREEMENT") CAREFULLY BEFORE OPENING
33 THE SOFTWARE MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA
34 PACKAGE, YOU AGREE TO ALL THE TERMS OF THE APPLICABLE
35 AGREEMENT. IF YOU ARE ACCESSING THE MESSAGE QUEUE PE OR
36 MESSAGE QUEUE EE EVALUATION ELECTRONICALLY, INDICATE YOUR
37 COMPLETE ACCEPTANCE OF THIS AGREEMENT BY SELECTING THE
38 "ACCEPT" BUTTON DISPLAYED ALONG WITH THE APPLICABLE
39 AGREEMENT OR OTHERWISE PROVIDING THE AFFIRMATIVE RESPONSE
40 REQUESTED. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THE
41 APPLICABLE AGREEMENT, DO NOT INSTALL, COPY OR OTHERWISE USE
42 THE MESSAGE QUEUE PE OR OR MESSAGE QUEUE EE EVALUATION.
43
44 If you are accepting the Applicable Agreement on behalf of a
45 corporation, partnership or other legal entity, the use of
46 the terms "you" and "your" in the Applicable Agreement will
47 refer to such entity and the entity accepting the Applicable
48 Agreement represents and warrants to Sun that it has
49 sufficient permissions, capacity, consents and authority to
50 enter into the Applicable Agreement.
51
52
53 SECTION A:
54
55 Sun Microsystems, Inc. Binary Software Evaluation Agreement
56 ("Agreement") Sun Java System Message Queue, Enterprise
57 Edition for Evaluation Only ("Message Queue EE Evaluation")
58
59 1.0 DEFINITIONS
60
61 "Licensed Software" means all or any portion of the Message
62 Queue EE Evaluation in binary form (the "Product"), and any
63 other machine readable materials (including, but not limited
64 to, libraries, header files, and data files), additional
65 software, user manuals, programming guides and other
66 documentation provided to you by Sun Microsystems, Inc.
67 ("Sun") as part of, or embedded with, the files that
68 comprise the Product.
69
70 2.0 LIMITED LICENSE Subject to the terms and conditions of
71 this Agreement and your complete acceptance of this
72 Agreement, Sun grants to you a non-exclusive,
73 non-transferable, royalty-free and limited license to use
74 Licensed Software solely for the purposes of evaluation of
75 the Licensed Software and internal design, development,
76 testing and evaluation of software products developed by
77 you. No license is granted to you for any other purpose.
78 You may not sell, rent, loan or otherwise encumber or
79 transfer Licensed Software, in whole or in part, to any
80 third party, including any output or results of execution of
81 the Licensed Software.
82
83 3.0 LICENSE RESTRICTIONS 3.1 You may not duplicate the
84 Licensed Software other than for a single copy of binary
85 portions of the Licensed Software for backup purposes only.
86 You agree to reproduce all copyright and other proprietary
87 right notices on any such copy.
88
89 3.2 Except as otherwise provided by law, you may not modify
90 or create derivative works of the Licensed Software, or
91 reverse engineer, disassemble or decompile binary portions
92 of the Licensed Software, otherwise attempt to derive the
93 source code from such portions, or assist any other person
94 or entity in any of these activities.
95
96 3.3 No right, title, or interest in or to the Licensed
97 Software, any trademarks, service marks, or trade names of
98 Sun or Sun's licensors is granted under this Agreement. You
99 acknowledge and agree as between you and Sun that Sun owns
100 the SUN, SOLARIS, JAVA, JINI, JDK, FORTE, STAROFFICE,
101 STARPORTAL, SUN ONE, and iPLANET trademarks and all SUN,
102 SOLARIS, JAVA, JINI, FORTE, STAROFFICE, STARPORTAL, SUN ONE
103 and iPLANET-related trademarks, service marks, logos and
104 other brand designations ("Sun Marks").
105
106 3.4 You have no right to use the Licensed Software in a
107 production environment, for commercial use, or for
108 operational purposes.
109
110 3.5 You acknowledge that Licensed Software may contain a
111 timebomb mechanism.
112
113 3.6 You may use any Sun(tm) ONE, Sun(tm) or third party
114 products embedded in or bundled with Software only in
115 conjunction with Software (and the applications that run on
116 Software), and not with other software products or on a
117 stand-alone basis. Except as otherwise explicitly provided,
118 the use of each such bundled product shall be governed by
119 its license agreement.
120
121 3.7 Software may contain source code that is provided solely
122 for reference purposes pursuant to the terms of this
123 Agreement. Source code may not be redistributed unless
124 expressly provided for in this Agreement.
125
126 3.8 You may not publish or provide the results of any
127 benchmark or comparison tests run on the Licensed Software
128 to any third party without Sun's prior written consent.
129
130 4.0 NO FURTHER OBLIGATIONS Neither Sun nor its licensors are
131 under any obligation to support the Licensed Software or to
132 provide you with updates or error corrections (collectively
133 "Software Updates"). If Sun, at its sole option, supplies
134 Software Updates to you, the Software Updates will be
135 considered part of Licensed Software, and subject to the
136 terms of this Agreement. Further, neither Sun nor its
137 licensors are under any obligation to develop, market, sell,
138 distribute or take any other action with respect to the
139 Licensed Software or to provide or ensure compatibility
140 between the Licensed Software and any future version of the
141 Licensed Software.
142
143 5.0 TERM AND TERMINATION OF AGREEMENT 5.1 This Agreement
144 will commence on the date on which you install the Licensed
145 Software (the "Effective Date") and will terminate 90 days
146 from the Effective Date, unless terminated earlier as set
147 forth below. However, if the Licensed Software does not
148 require installation for use, the Effective Date is the date
149 that you accept this Agreement.
150
151 5.2 You may terminate this Agreement at any time by
152 completely destroying all copies of the Licensed Software
153 and removing all portions of the Licensed Software that you
154 deployed on any electronic device (including without
155 limitation, computer systems, servers, networks, and
156 personal electronic devices).
157
158 5.3 Sun may terminate this Agreement upon 10 days' written
159 notice to you. However, Sun may terminate this Agreement
160 immediately should any Licensed Software become, or in Sun's
161 and/or its licensors' opinion be likely to become, the
162 subject of a claim of intellectual property infringement or
163 trade secret misappropriation.
164
165 5.4 Sun may terminate this Agreement immediately should you
166 materially breach any of its provisions or take any action
167 in derogation of Sun's and/or its licensors' rights to the
168 Licensed Software.
169
170 5.5 Upon termination or expiration of this Agreement, you
171 will immediately cease use of and destroy Licensed Software,
172 and within ten (10) days from termination or expiration of
173 this Agreement, you will any copies thereof and provide Sun
174 a written statement from a duly authorized representative
175 certifying that you have complied with the foregoing
176 obligations.
177
178 5.6 The following sections will survive any termination or
179 expiration of this Agreement: Sections 1.0, 3.0, 4.0, 5.5,
180 5.6, and 6.0-9.0. You shall have no rights toN IF ANY EXCLUSIVE REMEDY PROVIDED IN THIS AGREEMENT
181 FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL THE
182 CUMMULATIVE LIABILITY OF SUN FOR ANY DAMAGES WHATSOEVER
183 INCURRED BY YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT
184 EXCEED THE TOTAL AMOUNT ACTUALLY PAID TO SUN BY YOU UNDER
185 THIS AGREEMENT.
186
187 8.0 U.S. GOVERNMENT RESTRICTED RIGHTS. If Licensed
188 Software is being acquired by or on behalf of the U.S.
189 Government or by a U.S. Government prime contractor or
190 subcontractor (at any tier), then the Government's rights in
191 the Licensed Software will be only as set forth in this
192 Agreement; this is in accordance with 48 CFR 227.7201
193 through 227.7202-4 (for Department of Defense (DOD)
194 acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD
195 acquisitions).
196
197 9.0 GENERAL TERMS 9.1 This Agreement will be governed by and
198 construed in accordance with the laws of the State of
199 California, U.S.A., excluding its conflict of laws
200 principles. You expressly agree and consent that exclusive
201 jurisdiction and venue for any dispute arising out of or
202 relating to this Agreement will lie with the federal and
203 state courts located in and serving Santa Clara County,
204 California, U.S.A. The U.N. Convention for the
205 International Sale of Goods and the choice of law rules of
206 any jurisdiction will not apply. The official text of this
207 Agreement is in the English language and any interpretation
208 or construction of this Agreement will be based thereon. In
209 the event that this Agreement or any documents or notices
210 related to it are translated into any other language, the
211 English language version will control.
212
213 9.2 Licensed Software and technical data delivered under
214 this Agreement are subject to U.S. export control laws and
215 may be subject to export or import regulations in other
216 countries. You agree to comply strictly with all such laws
217 and regulations and acknowledge that you have the
218 responsibility to obtain such licenses to export, re-export
219 or import as may be required after delivery to you. Unless
220 authorized by the U.S. Government, you will not, directly
221 or indiountry identified in the U.S. export laws, including but
222 not limited to the Export Administration Regulations (15
223 C.F.R. Parts 730-774). You affirm that you are not
224 identified on any U.S. Government export exclusion lists
225 and that you will not use Licensed Software for nuclear
226 missile, chemical biological weaponry, or other weapons of
227 mass destruction.
228
229 9.3 It is understood and agreed that, notwithstanding any
230 other provision of this Agreement, your breach of the
231 provisions of Sections 2.0, or 3.0 of this Agreement will
232 cause Sun and/or its licensors irreparable damage for which
233 recovery of money damages would be inadequate, and that Sun
234 and/or its licensors will therefore be entitled to seek
235 timely injunctive relief, without the necessity of posting
236 bond or other security, to protect Sun's and/or its
237 licensors' rights under this Agreement in addition to any
238 and all remedies available at law.
239
240 9.4 You may not assign or otherwise transfer any of your
241 rights or obligations under this Agreement, without the
242 prior written consent of Sun.
243
244 9.5 If any provision of this Agreement is held invalid by
245 any law or regulation of any government or by any court,
246 such invalidity will not affect the enforceability of any
247 other provisions.
248
249 9.6 Any express waiver or failure to exercise promptly any
250 right under this Agreement will not create a continuing
251 waiver or any expectation of non-enforcement.
252
253 9.7 This Agreement is the parties' entire agreement relating
254 to its subject matter. It supersedes all prior or
255 contemporaneous oral or written communications, proposals,
256 conditions, representations and warranties and prevails over
257 any conflicting or additional terms of any quote, order,
258 acknowledgment, or other communication between the parties
259 relating to its subject matter during the term of this
260 Agreement. No modification to this Agreement will be
261 binding, unless in writing and signed by an authorized
262 representative of each party.
263
264 For inquiries please contact: Sun Microsystems, Inc., 4140
265 Network Circle, Santa Clara, California 95054
266
267
268 SECTION B:
269
270 Sun Microsystems, Inc. Binary Code License Agreement
271 ("BCL") Sun Java System Message Queue 3.5 SP2, Platfoto be unenforceable, this Agreement will remain in
272 effect with the provision omitted, unless omission would
273 frustrate the intent of the parties, in which case this
274 Agreement will immediately terminate.
275
276 11. Integration. This Agreement is the entire agreement
277 between you and Sun relating to its subject matter. It
278 supersedes all prior or contemporaneous oral or written
279 communications, proposals, representations and warranties
280 and prevails over any conflicting or additional terms of any
281 quote, order, acknowledgment, or other communication between
282 the parties relating to its subject matter during the term
283 of this Agreement. No modification of this Agreement will
284 be binding, unless in writing and signed by an authorized
285 representative of each party.
286
287 For inquiries please contact: Sun Microsystems, Inc., 4140
288 Network Circle, Santa Clara, California 95054
289
290 Sun Microsystems, Inc. Supplemental Terms and Conditions
291 for Sun(TM) Java System Message Queue 3.5 SP2, Platform
292 Edition
293
294 These terms and conditions for the Message Queue PE
295 supplement the terms and conditions of the Agreement for the
296 Message Queue PE. Capitalized terms not defined herein
297 shall have the meanings ascribed to them in Agreement for
298 Message Queue PE. These terms and conditions shall
299 supersede any inconsistent or conflicting terms and
300 conditions in the Agreement for the Message Queue PE.
301
302 1. Definitions.
303
304 A. "Broker" means the server side Software component that
305 manages the routing of JMS messages.
306
307 B. "Client Applications" means the application created by
308 you using the APIs provided in the Software for
309 connecting with the Broker.
310
311 2. Additional Use Conditions.
312
313 A. You may copy the documentation, without change, as
314 necessary to fully utilize Software, provided the copies
315 contain all of the original proprietary notices.
316
317 B. You may use any Sun(tm) ONE, Sun(tm) or third party
318 products embedded in or bundled with Software only in
319 conjunction with Software (and the applications that run
320 on Software), and not with other software products or on
321 a stand-alone basis. Except as otherwise explicitly
322 provided, the use of each such bundled product shall be
323 governed by its license agreement.
324
325 C.extends to you an
326 option to purchase, at your election, an upgrade to Sun
327 Java System Queue, Enterprise Edition, that will, upon
328 payment of the applicable license fee, terminate your
329 license to Message Queue PE, and upgrade the Software to
330 Sun Java System Message Queue, Enterprise Edition. Your
331 use of Sun Java System Message Queue, Enterprise Edition
332 pursuant to the upgrade will be governed by and subject
333 to the BCL and applicable Supplemental Terms. No
334 additional license for the Software is being granted with
335 the purchase of an upgrade to the Software.
336
337 3. License to Distribute Redistributables. Subject to the
338 terms and conditions of this Agreement, Sun grants you a
339 non-exclusive, non-transferable, limited license to
340 reproduce and distribute the binary form of those files
341 specifically identified as redistributable below in Section
342 3.A ("Redistributables"), provided that: (i) you do not
343 distribute additional software intended to supersede any
344 component(s) of the Redistributables, (ii) you do not remove
345 or alter any proprietary legends or notices contained in or
346 on the Redistributables, (iii) you only distribute the
347 Redistributables pursuant to a license agreement that
348 protects Sun's interests consistent with the terms contained
349 in the Agreement, and (iv) you agree to defend and indemnify
350 Sun and its licensors from and against any damages, costs,
351 liabilities, settlement amounts and/or expenses (including
352 attorneys' fees) incurred in connection with any claim,
353 lawsuit or action by any third party that arises or results
354 from the use or distribution of any and all Programs and/or
355 Software. If you distribute the Redistributables pursuant
356 to this paragraph, you must include the following statement
357 as part of product documentation (whether hard copy or
358 electronic), as a part of a copyright page or proprietary
359 rights notice page, in an "About" box or in any other form
360 reasonably designed to make the statement visible to users
361 of the Software: "This product includes code licensed from
362 RSA Data Security".
363
364
365 A. Only the following jar files may be redistributed in
366 accordance with the license in Section 3 of these
367 les distributed with the product are NOT
368 redistributable.
369
370
371 4. Java Technology Restrictions. In the event that you
372 create an additional class and associated API(s) which (i)
373 extends the functionality of the Java platform, and (ii) is
374 exposed to third party software developers for the purpose
375 of developing additional software which invokes such
376 additional API, you must promptly publish broadly an
377 accurate specification for such API for free use by all
378 developers. You may not create, or authorize your licensees
379 to create, additional classes, interfaces, or sub- packages
380 that are in any way identified as "java", "javax", "sun" or
381 similar convention as specified by Sun in any naming
382 convention designation.
383
384 5. Trademarks and Logos. You acknowledge and agree as
385 between you and Sun that Sun owns the SUN, SOLARIS, JAVA,
386 JINI, JDK, FORTE, STAROFFICE, STARPORTAL and iPLANET
387 trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE,
388 STAROFFICE, STARPORTAL and iPLANET-related trademarks,
389 service marks, logos and other brand designations ("Sun
390 Marks"), and you agree to comply with the Sun Trademark and
391 Logo Usage Requirements currently located at
392 http://www.sun.com/policies/trademarks. Any use you make of
393 the Sun Marks inures to Sun's benefit.
394
395 6. Source Code. Software may contain source code that is
396 provided solely for reference purposes pursuant to the terms
397 of this Agreement. Source code may not be redistributed
398 unless expressly provided for in this Agreement.
399
400 7. Termination for Infringement. Either party may
401 terminate this Agreement immediately should any Software
402 become, or in either party's opinion be likely to become,
403 the subject of a claim of infringement of any intellectual
404 property right.
405
406 8. Additional Restrictions. You may not publish or provide
407 the results of any benchmark or comparison tests run on
408 Software to any third party without the prior written
409 consent of Sun.
410
411
412 SOMQ3.5PE/EE-EVAL LICENSE (LFI#:142957)

  ViewVC Help
Powered by ViewVC 1.1.20