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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. Licensee acknowledges that
36 Licensed Software is not designed or intended for
37 use in the design, construction, operation or
38 maintenance of any nuclear facility. Sun
39 Microsystems, Inc. disclaims any express or
40 implied warranty of fitness for such uses. No
41 right, title or interest in or to any trademark,
42 service mark, logo or trade name of Sun or its
43 licensors is granted under this Agreement.
44
45 3. LIMITED WARRANTY. Sun warrants to you that for
46 a period of ninety (90) days from the date of
47 purchase, as evidenced by a copy of the receipt,
48 the media on which Software is furnished (if any)
49 will be free of defects in materials and
50 workmanship under normal use. Except for the
51 foregoing, Software is provided "AS IS". Your
52 exclusive remedy and Sun's entire liability under
53 this limited warranty will be at Sun's option to
54 replace Software media or refund the fee paid for
55 Software.
56
57 4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN
58 THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,
59 REPRESENTATIONS AND WARRANTIES, INCLUDING ANY
60 IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
61 PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE
62 DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE
63 DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
64
65 5. LIMITATION OF LIABILITY. TO THE EXTENT NOT
66 PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS
67 LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT
68 OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL,
69 INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED
70 REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT
71 OF OR RELATED TO THE USE OF OR INABILITY TO USE
72 SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE
73 POSSIBILITY OF SUCH DAMAGES. In no event will
74 Sun's liability to you, whether in contract, tort
75 (including negligence), or otherwise, exceed the
76 amount paid by you for Software under this
77 Agreement. The foregoing limitations will apply
78 even if the above stated warranty fails of its
79 essential purpose.
80
81 6. Termination. This Agreement is effective
82 until terminated. You may terminate this
83 Agreement at any time by destroying all copies of
84 Software. This Agreement will terminate
85 immediately without notice from Sun if you fail to
86 comply with any provision of this Agreement. Upon
87 Termination, you must destroy all copies of
88 Software.
89
90 7. Export Regulations. All Software and technical
91 data delivered under this Agreement are subject to
92 US export control laws and may be subject to
93 export or import regulations in other countries.
94 You agree to comply strictly with all such laws
95 and regulations and acknowledge that you have the
96 responsibility to obtain such licenses to export,
97 re-export, or import as may be required after
98 delivery to you.
99
100 8. U.S. Government Restricted Rights. If
101 Software is being acquired by or on behalf of the
102 U.S. Government or by a U.S. Government prime
103 contractor or subcontractor (at any tier), then
104 the Government's rights in Software and
105 accompanying documentation will be only as set
106 forth in this Agreement; this is in accordance
107 with 48 CFR 227.7201 through 227.7202-4 (for
108 Department of Defense (DOD) acquisitions) and with
109 48 CFR 2.101 and 12.212 (for non-DOD
110 acquisitions).
111
112 9. Governing Law. Any action related to this
113 Agreement will be governed by California law and
114 controlling U.S. federal law. No choice of law
115 rules of any jurisdiction will apply.
116
117 10. Severability. If any provision of this
118 Agreement is held to be unenforceable, this
119 Agreement will remain in effect with the provision
120 omitted, unless omission would frustrate the
121 intent of the parties, in which case this
122 Agreement will immediately terminate.
123
124 11. Integration. This Agreement is the entire
125 agreement between you and Sun relating to its
126 subject matter. It supersedes all prior or
127 contemporaneous oral or written communications,
128 proposals, representations and warranties and
129 prevails over any conflicting or additional terms
130 of any quote, order, acknowledgment, or other
131 communication between the parties relating to its
132 subject matter during the term of this Agreement.
133 No modification of this Agreement will be binding,
134 unless in writing and signed by an authorized
135 representative of each party.
136
137 JAVA(TM) OPTIONAL PACKAGE
138 JMX(TM), VERSION 1.2
139 SUPPLEMENTAL LICENSE TERMS
140
141 These supplemental license terms ("Supplemental
142 Terms") add to or modify the terms of the Binary
143 Code License Agreement (collectively, the
144 "Agreement"). Capitalized terms not defined in
145 these Supplemental Terms shall have the same
146 meanings ascribed to them in the Agreement. These
147 Supplemental Terms shall supersede any
148 inconsistent or conflicting terms in the
149 Agreement, or in any license contained within the
150 Software.
151
152 1. Software Internal Use and Development License
153 Grant. Subject to the terms and conditions of
154 this Agreement, including, but not limited to
155 Section 3 (Java Technology Restrictions) of these
156 Supplemental Terms, Sun grants you a
157 non-exclusive, non-transferable, limited license
158 to reproduce internally and use internally the
159 binary form of the Software, complete and
160 unmodified, for the sole purpose of designing,
161 developing and testing your Java applets and
162 applications ("Programs").
163
164 2. License to Distribute Software. In addition to
165 the license granted in Section 1 (Software
166 Internal Use and Development License Grant) of
167 these Supplemental Terms, subject to the terms and
168 conditions of this Agreement, including but not
169 limited to, Section 3 (Java Technology
170 Restrictions) of these Supplemental Terms, Sun
171 grants you a non-exclusive, non-transferable,
172 limited license to reproduce and distribute the
173 Software in binary code form only, provided that
174 you (i) distribute the Software complete and
175 unmodified and only bundled as part of your
176 Programs, (ii) do not distribute additional
177 software intended to replace any component(s) of
178 the Software, (iii) do not remove or alter any
179 proprietary legends or notices contained in the
180 Software, (iv) only distribute the Software
181 subject to a license agreement that protects Sun's
182 interests consistent with the terms contained in
183 this Agreement, and (v) agree to defend and
184 indemnify Sun and its licensors from and against
185 any damages, costs, liabilities, settlement
186 amounts and/or expenses (including attorneys'
187 fees) incurred in connection with any claim,
188 lawsuit or action by any third party that arises
189 or results from the use or distribution of any and
190 all Programs and/or Software.
191
192 3. Java Technology Restrictions. You may not
193 modify the Java Platform Interface ("JPI",
194 identified as classes contained within the "java"
195 package or any subpackages of the "java" package),
196 by creating additional classes within the JPI or
197 otherwise causing the addition to or modification
198 of the classes in the JPI. In the event that you
199 create an additional class and associated API(s)
200 which (i) extends the functionality of the Java
201 platform, and (ii) is exposed to third party
202 software developers for the purpose of developing
203 additional software which invokes such additional
204 API, you must promptly publish broadly an accurate
205 specification for such API for free use by all
206 developers. You may not create, or authorize your
207 licensees to create additional classes,
208 interfaces, or subpackages that are in any way
209 identified as "java", "javax", "sun" or similar
210 convention as specified by Sun in any naming
211 convention designation.
212
213 4. Trademarks and Logos. You acknowledge and agree
214 as between you and Sun that Sun owns the SUN,
215 SOLARIS, JAVA, JINI, FORTE, and iPLANET trademarks
216 and all SUN, SOLARIS, JAVA, JINI, FORTE, and
217 iPLANET-related trademarks, service marks, logos
218 and other brand designations ("Sun Marks"), and
219 you agree to comply with the Sun Trademark and
220 Logo Usage Requirements currently located at
221 http://www.sun.com/policies/trademarks. Any use
222 you make of the Sun Marks inures to Sun's benefit.
223
224 5. Source Code. Software may contain source code
225 that is provided solely for reference purposes
226 pursuant to the terms of this Agreement. Source
227 code may not be redistributed unless expressly
228 provided for in this Agreement.
229
230 6. Termination for Infringement. Either party may
231 terminate this Agreement immediately should any
232 Software become, or in either party's opinion be
233 likely to become, the subject of a claim of
234 infringement of any intellectual property right.
235
236 For inquiries please contact: Sun Microsystems,
237 Inc., 4150 Network Circle, Santa Clara, California
238 95054, U.S.A.
239 (LFI#135010Form ID#011801)

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