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Sun Microsystems, Inc. |
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Binary Code License Agreement |
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READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE |
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TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE |
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MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE |
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TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE |
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ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING |
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THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE |
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TO ALL THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE |
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OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED |
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ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THIS |
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AGREEMENT. |
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1. LICENSE TO USE. Sun grants you a non-exclusive and |
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non-transferable license for the internal use only of the accompanying |
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software and documentation and any error corrections provided by Sun |
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(collectively "Software"), by the number of users and the class of |
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computer hardware for which the corresponding fee has been paid. |
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2. RESTRICTIONS. Software is confidential and copyrighted. Title to |
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Software and all associated intellectual property rights is retained by |
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Sun and/or its licensors. Except as specifically authorized in any |
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Supplemental License Terms, you may not make copies of Software, other |
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than a single copy of Software for archival purposes. Unless |
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enforcement is prohibited by applicable law, you may not modify, |
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decompile, or reverse engineer Software. You acknowledge that Software |
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is not designed, licensed or intended for use in the design, |
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construction, operation or maintenance of any nuclear facility. Sun |
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disclaims any express or implied warranty of fitness for such uses. No |
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right, title or interest in or to any trademark, service mark, logo or |
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trade name of Sun or its licensors is granted under this Agreement. |
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3. LIMITED WARRANTY. Sun warrants to you that for a period of ninety |
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(90) days from the date of purchase, as evidenced by a copy of the |
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receipt, the media on which Software is furnished (if any) will be free |
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of defects in materials and workmanship under normal use. Except for |
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the foregoing, Software is provided "AS IS". Your exclusive remedy and |
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Sun's entire liability under this limited warranty will be at Sun's |
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option to replace Software media or refund the fee paid for Software. |
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4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL |
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EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, |
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INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A |
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PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE |
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EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. |
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5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN |
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NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, |
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PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR |
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PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, |
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ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, |
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EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no |
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event will Sun's liability to you, whether in contract, tort (including |
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negligence), or otherwise, exceed the amount paid by you for Software |
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under this Agreement. The foregoing limitations will apply even if the |
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above stated warranty fails of its essential purpose. |
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6. Termination. This Agreement is effective until terminated. You |
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may terminate this Agreement at any time by destroying all copies of |
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Software. This Agreement will terminate immediately without notice |
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from Sun if you fail to comply with any provision of this Agreement. |
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Upon Termination, you must destroy all copies of Software. |
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7. Export Regulations. All Software and technical data delivered under |
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this Agreement are subject to US export control laws and may be subject |
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to export or import regulations in other countries. You agree to |
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comply strictly with all such laws and regulations and acknowledge that |
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you have the responsibility to obtain such licenses to export, |
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re-export, or import as may be required after delivery to you. |
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8. U.S. Government Restricted Rights. If Software is being acquired |
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by or on behalf of the U.S. Government or by a U.S. Government prime |
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contractor or subcontractor (at any tier), then the Government's rights |
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in Software and accompanying documentation will be only as set forth in |
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this Agreement; this is in accordance with 48 CFR 227.7201 through |
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227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 |
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CFR 2.101 and 12.212 (for non-DOD acquisitions). |
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9. Governing Law. Any action related to this Agreement will be |
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governed by California law and controlling U.S. federal law. No choice |
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of law rules of any jurisdiction will apply. |
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10. Severability. If any provision of this Agreement is held to be |
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unenforceable, this Agreement will remain in effect with the provision |
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omitted, unless omission would frustrate the intent of the parties, in |
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which case this Agreement will immediately terminate. |
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11. Integration. This Agreement is the entire agreement between you |
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and Sun relating to its subject matter. It supersedes all prior or |
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contemporaneous oral or written communications, proposals, |
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representations and warranties and prevails over any conflicting or |
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additional terms of any quote, order, acknowledgment, or other |
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communication between the parties relating to its subject matter during |
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the term of this Agreement. No modification of this Agreement will be |
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binding, unless in writing and signed by an authorized representative |
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of each party. |
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JAVA(TM) SPEECH API (JSAPI) SPECIFICATION IMPLEMETATION, VERSION |
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1.0 |
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SUPPLEMENTAL LICENSE TERMS |
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These supplemental license terms ("Supplemental Terms") add to or |
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modify the terms of the Binary Code License Agreement (collectively, |
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the "Agreement"). Capitalized terms not defined in these Supplemental |
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Terms shall have the same meanings ascribed to them in the Agreement. |
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These Supplemental Terms shall supersede any inconsistent or |
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conflicting terms in the Agreement, or in any license contained within |
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the Software. |
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1. Software Internal Use and Development License Grant. Subject to the |
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terms and conditions of this Agreement, including, but not limited to |
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Section 3 (Java(TM) Technology Restrictions) of these Supplemental |
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Terms, Sun grants you a non-exclusive, non-transferable, limited |
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license to reproduce internally and use internally the binary form of |
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the Software, complete and unmodified, for the sole purpose of |
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designing, developing and testing your Java applets and applications |
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("Programs"). |
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2. License to Distribute Software. In addition to the license granted |
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in Section 1 (Software Internal Use and Development License Grant) of |
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these Supplemental Terms, subject to the terms and conditions of this |
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Agreement, including but not limited to Section 3 (Java Technology |
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Restrictions), Sun grants you a non-exclusive, non-transferable, |
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limited license to reproduce and distribute the Software in binary form |
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only, provided that you (i) distribute the Software complete and |
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unmodified and only bundled as part of your Programs, (ii) do not |
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distribute additional software intended to replace any component(s) of |
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the Software, (iii) do not remove or alter any proprietary legends or |
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notices contained in the Software, (iv) only distribute the Software |
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subject to a license agreement that protects Sun's interests consistent |
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with the terms contained in this Agreement, and (v) agree to defend and |
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indemnify Sun and its licensors from and against any damages, costs, |
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liabilities, settlement amounts and/or expenses (including attorneys' |
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fees) incurred in connection with any claim, lawsuit or action by any |
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third party that arises or results from the use or distribution of any |
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and all Programs and/or Software. |
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3. Java Technology Restrictions. You may not modify the Java Platform |
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Interface ("JPI", identified as classes contained within the "java" |
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package or any subpackages of the "java" package), by creating |
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additional classes within the JPI or otherwise causing the addition to |
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or modification of the classes in the JPI. In the event that you |
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create an additional class and associated API(s) which (i) extends the |
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functionality of the Java Platform, and (ii) is exposed to third party |
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software developers for the purpose of developing additional software |
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which invokes such additional API, you must promptly publish broadly an |
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accurate specification for such API for free use by all developers. You |
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may not create, or authorize your licensees to create additional |
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classes, interfaces, or subpackages that are in any way identified as |
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"java", "javax", "sun" or similar convention as specified by Sun in any |
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naming convention designation. |
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4. Trademarks and Logos. You acknowledge and agree as between you and |
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Sun that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET |
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trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET-related |
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trademarks, service marks, logos and other brand designations ("Sun |
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Marks"), and you agree to comply with the Sun Trademark and Logo Usage |
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Requirements currently located at |
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http://www.sun.com/policies/trademarks. Any use you make of the Sun |
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Marks inures to Sun's benefit. |
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5. Source Code. Software may contain source code that is provided |
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solely for reference purposes pursuant to the terms of this Agreement. |
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Source code may not be redistributed unless expressly provided for in |
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this Agreement. |
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6. Termination for Infringement. Either party may terminate this |
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Agreement immediately should any Software become, or in either party's |
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opinion be likely to become, the subject of a claim of infringement of |
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any intellectual property right. |
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For inquiries please contact: Sun Microsystems, Inc. 901 San Antonio |
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Road, Palo Alto, California 94303 (LFI#108931/Form ID#011801) |
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