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Revision 1.2 - (show annotations) (download)
Wed Jan 31 10:51:51 2007 UTC (13 years, 2 months ago) by caster
Branch: MAIN
CVS Tags: HEAD
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FILE REMOVED
Removing stray netbeans-4.x licenses, bug #114734.

1 Software License Agreement
2
3 SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE XML
4 ENTITY AND URI RESOLVERS, VERSION 1.0 SOFTWARE TO YOU ONLY
5 UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS
6 CONTAINED IN THIS LICENSE AGREEMENT ("AGREEMENT"). PLEASE
7 READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY.
8 BY INSTALLING THIS SOFTWARE, YOU ACCEPT THE TERMS AND
9 CONDITIONS OF THIS AGREEMENT. IF YOU ARE NOT WILLING TO BE
10 BOUND BY ITS TERMS, SELECT THE "DECLINE" BUTTON AT THE
11 BOTTOM OF THIS PAGE AND THE INSTALLATION PROCESS WILL NOT
12 CONTINUE.
13
14 1.0 DEFINITIONS "Licensed Software" means the XML Entity and
15 URI Resolvers, Version 1.0 Software, any other machine
16 readable materials (including, but not limited to,
17 libraries, source files, header files, and data files) and
18 any user manuals, programming guides and other documentation
19 provided to you by Sun under this Agreement.
20
21 2.0 LIMITED LICENSE 2.1 Sun grants to you, a non-exclusive,
22 non-transferable, royalty-free and limited license to
23 reproduce, modify, and create derivative works of the
24 Licensed Software for the sole purpose of adding value and
25 improving the Licensed Software for the development of
26 applications ("Programs"). 2.2 In addition to the license
27 granted in Section 2.1, Sun grants to you, a non-exclusive,
28 non-transferable, royalty-free and limited license to
29 distribute the Licensed Software modified by you as
30 permitted in Section 2.1 ("Modified Software") in source or
31 binary form, provided that; (i) the Modified Software is
32 only distributed bundled as a part of your Programs, (ii)
33 the Modified Software improves on and adds value to the
34 Licensed Software, (iii) you do not remove any proprietary
35 legends or notices contained in the Software, (iv) the
36 Programs are only distributed subject to a license agreement
37 that protects Sun's interests consistent with the terms and
38 conditions contained in this Agreement, and (v) you agree to
39 defend and indemnify Sun and its licensors from and against
40 any damages, costs, liabilities, settlement amounts and/or
41 expenses (including attorneys' fees) incurred in connection
42 with any claim, lawsuit or action by any third party that
43 arises or results from the use or distribution of any and
44 all Modified Software and/or Licensed Software.
45
46 3.0 LICENSE RESTRICTIONS 3.1 You agree to reproduce any
47 copyright and other proprietary right notices on any such
48 copy. 3.2 Except as otherwise provided by Section 2.0, you
49 may not modify or create derivative works of the Licensed
50 Software, or reverse engineer, disassemble or decompile
51 binary portions of the Licensed Software, or otherwise
52 attempt to derive the source code from such portions. 3.3
53 No right, title, or interest in or to Licensed Software, any
54 trademarks, service marks, or trade names of Sun or Sun's
55 licensors is granted under this Agreement.
56
57 4.0 NO SUPPORT Sun is under no obligation to support
58 Licensed Software or to provide you with updates or error
59 corrections (collectively "Software Updates"). If Sun at
60 its sole option, supplies Software Updates to you, the
61 Software Updates will be considered part of Licensed
62 Software, and subject to the terms of this Agreement.
63
64 5.0 TERM AND TERMINATION OF AGREEMENT 5.1 You may terminate
65 this Agreement at any time by destroying all copies of
66 Software. 5.2 Either party may terminate this Agreement
67 immediately should any Software become, or in either party's
68 opinion be likely to become, the subject of a claim of
69 infringement of any intellectual property right. 5.3 This
70 Agreement will terminate immediately without notice from Sun
71 if the you fail to comply with any provision of this
72 Agreement. 5.4 Upon termination or expiration of this
73 Agreement, you shall immediately cease use of and destroy
74 Licensed Software and any copies thereof. 5.5 Rights and
75 obligations under this Agreement which by their nature
76 should survive, will remain in effect after termination or
77 expiration hereof.
78
79 6.0 DISCLAIMER OF WARRANTY 6.1 Licensee acknowledges that
80 Licensed Software may contain errors and is not designed or
81 intended for use in the design, construction, operation or
82 maintenance of any nuclear facility ("High Risk
83 Activities"). Sun disclaims any express or implied warranty
84 of fitness for such uses. You represent and warrant to Sun
85 that you will not use, distribute or license the Licensed
86 Software for High Risk Activities. 6.2 LICENSED SOFTWARE IS
87 PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS,
88 REPRESENTATIONS, AND WARRANTIES, INCLUDING ANY IMPLIED
89 WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS
90 FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE
91 DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE
92 HELD TO BE LEGALLY INVALID.
93
94 7.0 LIMITATION OF LIABILITY 7.1 You acknowledge that the
95 Licensed Software is experimental. You acknowledge that the
96 Licensed Software may have defects or deficiencies which
97 cannot or will not be corrected by Sun. You will hold Sun
98 harmless from any claims based on your use or inability to
99 use the Licensed Software for any purpose, and from any
100 claims that later versions or releases of any Licensed
101 Software furnished to you are incompatible with the Licensed
102 Software provided to you under this Agreement. 7.2 You
103 shall have the sole responsibility to protect adequately and
104 backup your data and/or equipment used in connection with
105 the Licensed Software. You shall not claim against Sun for
106 lost data, re-run time, inaccurate output, work delays or
107 lost profits resulting from your use of the Licensed
108 Software. 7.3 Neither party will be liable for any
109 indirect, punitive, special, incidental or consequential
110 damage in connection with or arising out of this Agreement
111 (including loss of business, revenue, profits, use, data or
112 other economic advantage), however it arises, whether for
113 breach or in tort, even if that party has been previously
114 advised of the possibility of such damage.
115
116 8.0 U.S. GOVERNMENT RIGHTS If this Software is being
117 acquired by or on behalf of the U.S. Government or by a
118 U.S. Government prime contractor or subcontractor (at any
119 tier), then the Government's rights in the Software and
120 accompanying documentation shall be only as set forth in
121 this license; this is in accordance with 48 C.F.R. 227.7201
122 through 227.7202-4 (for Department of Defense (DoD)
123 acquisitions) and with 48 C.F.R. 2.101 and 12.212 (for
124 non-DoD acquisitions).
125
126 9.0 GENERAL TERMS 9.1 Any action related to this Agreement
127 will be governed by California law and controlling U.S.
128 federal law. The U.N. Convention for the International
129 Sale of Goods and the choice of law rules of any
130 jurisdiction will not apply. 9.2 Licensed Software and
131 technical data delivered under this Agreement are subject to
132 U.S. export control laws and may be subject to export or
133 import regulations in other countries. You agree to comply
134 strictly with all such laws and regulations and acknowledge
135 that you have the responsibility to obtain such licenses to
136 export, re-export or import as may be required after
137 delivery to you. 9.3 Neither party may assign or otherwise
138 transfer any of its rights or obligations under this
139 Agreement, without the prior written consent of the other
140 party, except that Sun may assign this Agreement to an
141 affiliated company. 9.4 This Agreement is the parties'
142 entire agreement relating to its subject matter. It
143 supersedes all prior or contemporaneous oral or written
144 communications, proposals, conditions, representations and
145 warranties and prevails over any conflicting or additional
146 terms of any quote, order, acknowledgment, or other
147 communication between the parties relating to its subject
148 matter during the term of this Agreement. No modification
149 to this Agreement will be binding, unless in writing and
150 signed by an authorized representative of each party.
151
152 Copyright 2001 Sun Microsystems, All rights reserved.
153 (LFI#109512/Form ID#011801)

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