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Revision 1.1 - (hide annotations) (download)
Wed Mar 17 02:44:35 2004 UTC (16 years, 3 months ago) by zx
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new licenses are fun

1 zx 1.1 Sun Microsystems, Inc.
2     Binary Code License Agreement
3    
4     READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE
5     TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE
6     MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE
7     TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE
8     ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING
9     THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE
10     TO ALL THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE
11     OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED
12     ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THIS
13     AGREEMENT.
14    
15     1. LICENSE TO USE. Sun grants you a non-exclusive and
16     non-transferable license for the internal use only of the accompanying
17     software and documentation and any error corrections provided by Sun
18     (collectively "Software"), by the number of users and the class of
19     computer hardware for which the corresponding fee has been paid.
20    
21     2. RESTRICTIONS. Software is confidential and copyrighted. Title to
22     Software and all associated intellectual property rights is retained by
23     Sun and/or its licensors. Except as specifically authorized in any
24     Supplemental License Terms, you may not make copies of Software, other
25     than a single copy of Software for archival purposes. Unless
26     enforcement is prohibited by applicable law, you may not modify,
27     decompile, or reverse engineer Software. You acknowledge that Software
28     is not designed, licensed or intended for use in the design,
29     construction, operation or maintenance of any nuclear facility. Sun
30     disclaims any express or implied warranty of fitness for such uses. No
31     right, title or interest in or to any trademark, service mark, logo or
32     trade name of Sun or its licensors is granted under this Agreement.
33    
34     3. LIMITED WARRANTY. Sun warrants to you that for a period of ninety
35     (90) days from the date of purchase, as evidenced by a copy of the
36     receipt, the media on which Software is furnished (if any) will be free
37     of defects in materials and workmanship under normal use. Except for
38     the foregoing, Software is provided "AS IS". Your exclusive remedy and
39     Sun's entire liability under this limited warranty will be at Sun's
40     option to replace Software media or refund the fee paid for Software.
41    
42     4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL
43     EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES,
44     INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
45     PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE
46     EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
47    
48     5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN
49     NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE,
50     PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR
51     PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY,
52     ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE,
53     EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no
54     event will Sun's liability to you, whether in contract, tort (including
55     negligence), or otherwise, exceed the amount paid by you for Software
56     under this Agreement. The foregoing limitations will apply even if the
57     above stated warranty fails of its essential purpose.
58    
59     6. Termination. This Agreement is effective until terminated. You
60     may terminate this Agreement at any time by destroying all copies of
61     Software. This Agreement will terminate immediately without notice
62     from Sun if you fail to comply with any provision of this Agreement.
63     Upon Termination, you must destroy all copies of Software.
64    
65     7. Export Regulations. All Software and technical data delivered under
66     this Agreement are subject to US export control laws and may be subject
67     to export or import regulations in other countries. You agree to
68     comply strictly with all such laws and regulations and acknowledge that
69     you have the responsibility to obtain such licenses to export,
70     re-export, or import as may be required after delivery to you.
71    
72     8. U.S. Government Restricted Rights. If Software is being acquired
73     by or on behalf of the U.S. Government or by a U.S. Government prime
74     contractor or subcontractor (at any tier), then the Government's rights
75     in Software and accompanying documentation will be only as set forth in
76     this Agreement; this is in accordance with 48 CFR 227.7201 through
77     227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48
78     CFR 2.101 and 12.212 (for non-DOD acquisitions).
79    
80     9. Governing Law. Any action related to this Agreement will be
81     governed by California law and controlling U.S. federal law. No choice
82     of law rules of any jurisdiction will apply.
83    
84     10. Severability. If any provision of this Agreement is held to be
85     unenforceable, this Agreement will remain in effect with the provision
86     omitted, unless omission would frustrate the intent of the parties, in
87     which case this Agreement will immediately terminate.
88    
89     11. Integration. This Agreement is the entire agreement between you
90     and Sun relating to its subject matter. It supersedes all prior or
91     contemporaneous oral or written communications, proposals,
92     representations and warranties and prevails over any conflicting or
93     additional terms of any quote, order, acknowledgment, or other
94     communication between the parties relating to its subject matter during
95     the term of this Agreement. No modification of this Agreement will be
96     binding, unless in writing and signed by an authorized representative
97     of each party.
98    
99     JAVA(TM) SPEECH API (JSAPI) SPECIFICATION IMPLEMETATION, VERSION
100     1.0
101     SUPPLEMENTAL LICENSE TERMS
102    
103     These supplemental license terms ("Supplemental Terms") add to or
104     modify the terms of the Binary Code License Agreement (collectively,
105     the "Agreement"). Capitalized terms not defined in these Supplemental
106     Terms shall have the same meanings ascribed to them in the Agreement.
107     These Supplemental Terms shall supersede any inconsistent or
108     conflicting terms in the Agreement, or in any license contained within
109     the Software.
110    
111     1. Software Internal Use and Development License Grant. Subject to the
112     terms and conditions of this Agreement, including, but not limited to
113     Section 3 (Java(TM) Technology Restrictions) of these Supplemental
114     Terms, Sun grants you a non-exclusive, non-transferable, limited
115     license to reproduce internally and use internally the binary form of
116     the Software, complete and unmodified, for the sole purpose of
117     designing, developing and testing your Java applets and applications
118     ("Programs").
119    
120     2. License to Distribute Software. In addition to the license granted
121     in Section 1 (Software Internal Use and Development License Grant) of
122     these Supplemental Terms, subject to the terms and conditions of this
123     Agreement, including but not limited to Section 3 (Java Technology
124     Restrictions), Sun grants you a non-exclusive, non-transferable,
125     limited license to reproduce and distribute the Software in binary form
126     only, provided that you (i) distribute the Software complete and
127     unmodified and only bundled as part of your Programs, (ii) do not
128     distribute additional software intended to replace any component(s) of
129     the Software, (iii) do not remove or alter any proprietary legends or
130     notices contained in the Software, (iv) only distribute the Software
131     subject to a license agreement that protects Sun's interests consistent
132     with the terms contained in this Agreement, and (v) agree to defend and
133     indemnify Sun and its licensors from and against any damages, costs,
134     liabilities, settlement amounts and/or expenses (including attorneys'
135     fees) incurred in connection with any claim, lawsuit or action by any
136     third party that arises or results from the use or distribution of any
137     and all Programs and/or Software.
138    
139     3. Java Technology Restrictions. You may not modify the Java Platform
140     Interface ("JPI", identified as classes contained within the "java"
141     package or any subpackages of the "java" package), by creating
142     additional classes within the JPI or otherwise causing the addition to
143     or modification of the classes in the JPI. In the event that you
144     create an additional class and associated API(s) which (i) extends the
145     functionality of the Java Platform, and (ii) is exposed to third party
146     software developers for the purpose of developing additional software
147     which invokes such additional API, you must promptly publish broadly an
148     accurate specification for such API for free use by all developers. You
149     may not create, or authorize your licensees to create additional
150     classes, interfaces, or subpackages that are in any way identified as
151     "java", "javax", "sun" or similar convention as specified by Sun in any
152     naming convention designation.
153    
154     4. Trademarks and Logos. You acknowledge and agree as between you and
155     Sun that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET
156     trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET-related
157     trademarks, service marks, logos and other brand designations ("Sun
158     Marks"), and you agree to comply with the Sun Trademark and Logo Usage
159     Requirements currently located at
160     http://www.sun.com/policies/trademarks. Any use you make of the Sun
161     Marks inures to Sun's benefit.
162    
163     5. Source Code. Software may contain source code that is provided
164     solely for reference purposes pursuant to the terms of this Agreement.
165     Source code may not be redistributed unless expressly provided for in
166     this Agreement.
167    
168     6. Termination for Infringement. Either party may terminate this
169     Agreement immediately should any Software become, or in either party's
170     opinion be likely to become, the subject of a claim of infringement of
171     any intellectual property right.
172    
173     For inquiries please contact: Sun Microsystems, Inc. 901 San Antonio
174     Road, Palo Alto, California 94303 (LFI#108931/Form ID#011801)

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