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Revision 1.3 - (show annotations) (download)
Sat Jul 21 11:17:43 2007 UTC (10 years, 3 months ago) by betelgeuse
Branch: MAIN
CVS Tags: HEAD
Changes since 1.2: +54 -1 lines
The license was cut in half so add the rest of it. Fixes bug #186007.

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
9 AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE
10 ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE
11 TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END
12 OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL
13 THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE
14 TO YOUR PLACE OF PURCHASE FOR A REFUND OR, IF THE
15 SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE
16 "DECLINE" 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. You acknowledge that Software
36 is not designed, licensed or intended for use in
37 the design, construction, operation or maintenance
38 of any nuclear facility. Sun disclaims any
39 express or implied warranty of fitness for such
40 uses. 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 technical
90 data delivered under this Agreement are subject to
91 US export control laws and may be subject to
92 export or import regulations in other countries.
93 You agree to comply strictly with all such laws
94 and regulations and acknowledge that you have the
95 responsibility to obtain such licenses to export,
96 re-export, or import as may be required after
97 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 JAVA(TM) INTERFACE CLASSES
137 JAVA MESSAGE SERVICE (JMS), VERSION 1.1
138 SUPPLEMENTAL LICENSE TERMS
139
140 These supplemental license terms ("Supplemental
141 Terms") add to or modify the terms of the Binary
142 Code License Agreement (collectively, the
143 "Agreement"). Capitalized terms not defined in
144 these Supplemental Terms shall have the same
145 meanings ascribed to them in the Agreement. These
146 Supplemental Terms shall supersede any
147 inconsistent or conflicting terms in the
148 Agreement, or in any license contained within the
149 Software.
150
151 1. Software Internal Use and Development License
152 Grant. Subject to the terms and conditions of this
153 Agreement, including, but not limited to Section 3
154 (Java Technology Restrictions) of these
155 Supplemental Terms, Sun grants you a
156 non-exclusive, non-transferable, limited license
157 to reproduce internally and use internally the
158 binary form of the Software, complete and
159 unmodified, for the sole purpose of designing,
160 developing and testing your Java applets and
161 applications ("Programs").
162
163 2. License to Distribute Software. In addition to
164 the license granted in Section 1 (Software
165 Internal Use and Development License Grant) of
166 these Supplemental Terms, subject to the terms and
167 conditions of this Agreement, including but not
168 limited to Section 3 (Java Technology
169 Restrictions), Sun grants you a non-exclusive,
170 non-transferable, limited license to reproduce and
171 distribute the Software in binary form only,
172 provided that you (i) distribute the Software
173 complete and unmodified and only bundled as part
174 of your Programs, (ii) do not distribute
175 additional software intended to replace any
176 component(s) of the Software, (iii) do not remove
177 or alter any proprietary legends or notices
178 contained in the Software, (iv) only distribute
179 the Software subject to a license agreement that
180 protects Sun's interests consistent with the terms
181 contained in this Agreement, and (v) agree to
182 defend and indemnify Sun and its licensors from
183 and against any damages, costs, liabilities,
184 settlement amounts and/or expenses (including
185 attorneys' fees) incurred in connection with any
186 claim, lawsuit or action by any third party that
187 arises or results from the use or distribution of
188 any and all Programs and/or Software.
189
190 3. Java Technology Restrictions. You may not
191 modify the Java Platform Interface ("JPI",
192 identified as classes contained within the "java"
193 package or any subpackages of the "java" package),
194 by creating additional classes within the JPI or
195 otherwise causing the addition to or modification
196 of the classes in the JPI. In the event that you
197 create an additional class and associated API(s)
198 which (i) extends the functionality of the Java
199 Platform, and (ii) is exposed to third party
200 software developers for the purpose of developing
201 additional software which invokes such additional
202 API, you must promptly publish broadly an accurate
203 specification for such API for free use by all
204 developers. You may not create, or authorize your
205 licensees to create additional classes,
206 interfaces, or subpackages that are in any way
207 identified as "java", "javax", "sun" or similar
208 convention as specified by Sun in any naming
209 convention designation.
210
211 4. Trademarks and Logos. You acknowledge and agree
212 as between you and Sun that Sun owns the SUN,
213 SOLARIS, JAVA, JINI, FORTE, STAROFFICE, STARPORTAL
214 and iPLANET trademarks and all SUN, SOLARIS, JAVA,
215 JINI, FORTE, STAROFFICE, STARPORTAL and
216 iPLANET-related trademarks, service marks, logos
217 and other brand designations ("Sun Marks"), and
218 you agree to comply with the Sun Trademark and
219 Logo Usage Requirements currently located at
220 http://www.sun.com/policies/trademarks. Any use
221 you make of the Sun Marks inures to Sun's benefit.
222
223 5. Source Code. Software may contain source code
224 that is provided solely for reference purposes
225 pursuant to the terms of this Agreement. Source
226 code may not be redistributed unless expressly
227 provided for in this Agreement.
228
229 6. Termination for Infringement. Either party may
230 terminate this Agreement immediately should any
231 Software become, or in either party's opinion be
232 likely to become, the subject of a claim of
233 infringement of any intellectual property right.
234
235 For inquiries please contact: Sun Microsystems,
236 Inc. 901 San Antonio Road, Palo Alto, California
237 94303
238 (LFI#111755/Form ID#011801)

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