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Sun Microsystems, Inc.
Binary Code License Agreement
READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMEN
TAL LICENSE TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFO
RE OPENING THE SOFTWARE MEDIA PACKAGE. BY OPENING THE SOFT
WARE MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMEN
T. IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDIC
ATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT
" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE
TO ALL THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO
YOUR PLACE OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS
ACCESSED ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT TH
E END OF THIS AGREEMENT.
1. LICENSE TO USE. Sun grants you a non-exclusive and non
-transferable license for the internal use only of the acco
mpanying software and documentation and any error correctio
ns provided by Sun (collectively "Software"), by the number
of users and the class of computer hardware for which the
corresponding fee has been paid.
2. RESTRICTIONS. Software is confidential and copyrighted
. Title to Software and all associated intellectual propert
y rights is retained by Sun and/or its licensors. Except a
s specifically authorized in any Supplemental License Terms
, you may not make copies of Software, other than a single
copy of Software for archival purposes. Unless enforcement
is prohibited by applicable law, you may not modify, decom
pile, or reverse engineer Software. Licensee acknowledges
that Licensed Software is not designed or intended for use
in the design, construction, operation or maintenance of an
y nuclear facility. Sun Microsystems, Inc. disclaims any ex
press or implied warranty of fitness for such uses. No ri
ght, title or interest in or to any trademark, service mark
, logo or trade name of Sun or its licensors is granted und
er this Agreement.
3. LIMITED WARRANTY. Sun warrants to you that for a perio
d of ninety (90) days from the date of purchase, as evidenc
ed by a copy of the receipt, the media on which Software is
furnished (if any) will be free of defects in materials an
d workmanship under normal use. Except for the foregoing,
Software is provided "AS IS". Your exclusive remedy and Su
n's entire liability under this limited warranty will be at
Sun's option to replace Software media or refund the fee p
aid for Software.
4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREE
MENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AN
D WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABI
LITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT
ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS
ARE HELD TO BE LEGALLY INVALID.
5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED
BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR
ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT
, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CA
USED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF
OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN
IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
. In no event will Sun's liability to you, whether in cont
ract, tort (including negligence), or otherwise, exceed the
amount paid by you for Software under this Agreement. The
foregoing limitations will apply even if the above stated
warranty fails of its essential purpose.
6. Termination. This Agreement is effective until termina
ted. You may terminate this Agreement at any time by destr
oying all copies of Software. This Agreement will terminat
e immediately without notice from Sun if you fail to comply
with any provision of this Agreement. Upon Termination, y
ou must destroy all copies of Software.
7. Export Regulations. All Software and technical data del
ivered under this Agreement are subject to US export contro
l laws and may be subject to export or import regulations i
n other countries. You agree to comply strictly with all s
uch laws and regulations and acknowledge that you have the
responsibility to obtain such licenses to export, re-export
, or import as may be required after delivery to you.
8. U.S. Government Restricted Rights. If Software is bein
g acquired by or on behalf of the U.S. Government or by a U
.S. Government prime contractor or subcontractor (at any ti
er), then the Government's rights in Software and accompany
ing documentation will be only as set forth in this Agreeme
nt; this is in accordance with 48 CFR 227.7201 through 227.
7202-4 (for Department of Defense (DOD) acquisitions) and w
ith 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
9. Governing Law. Any action related to this Agreement wi
ll be governed by California law and controlling U.S. feder
al law. No choice of law rules of any jurisdiction will ap
ply.
10. Severability. If any provision of this Agreement is hel
d to be unenforceable, this Agreement will remain in effect
with the provision omitted, unless omission would frustrat
e the intent of the parties, in which case this Agreement w
ill immediately terminate.
11. Integration. This Agreement is the entire agreement be
tween you and Sun relating to its subject matter. It super
sedes all prior or contemporaneous oral or written communic
ations, proposals, representations and warranties and preva
ils over any conflicting or additional terms of any quote,
order, acknowledgment, or other communication between the p
arties relating to its subject matter during the term of th
is Agreement. No modification of this Agreement will be bi
nding, unless in writing and signed by an authorized repres
entative of each party.
JAVA(TM) INTERFACE CLASSES
J2EE(TM) DEPLOYMENT SPECIFICATION INTERFACE CLASSES 1.1
SUPPLEMENTAL LICENSE TERMS
These supplemental license terms ("Supplemental Terms") add
to or modify the terms of the Binary Code License Agreemen
t (collectively, the "Agreement"). Capitalized terms not de
fined in these Supplemental Terms shall have the same meani
ngs ascribed to them in the Agreement. These Supplemental T
erms shall supersede any inconsistent or conflicting terms
in the Agreement, or in any license contained within the So
ftware.
1. Software Internal Use and Development License Grant. Sub
ject to the terms and conditions of this Agreement, includi
ng, but not limited to Section 3 (Java(TM) Technology Restr
ictions) of these Supplemental Terms, Sun grants you a non-
exclusive, non-transferable, limited license to reproduce i
nternally and use internally the binary form of the Softwar
e, complete and unmodified, for the sole purpose of designi
ng, developing and testing your Java applets and applicatio
ns ("Programs").
2. License to Distribute Software. In addition to the lice
nse granted in Section 1 (Software Internal Use and Develop
ment License Grant) of these Supplemental Terms, subject to
the terms and conditions of this Agreement, including but
not limited to Section 3 (Java Technology Restrictions), Su
n grants you a non-exclusive, non-transferable, limited lic
ense to reproduce and distribute the Software in binary for
m only, provided that you (i) distribute the Software compl
ete and unmodified and only bundled as part of your Program
s, (ii) do not distribute additional software intended to r
eplace any component(s) of the Software, (iii) do not remov
e or alter any proprietary legends or notices contained in
the Software, (iv) only distribute the Software subject to
a license agreement that protects Sun's interests consisten
t with the terms contained in this Agreement, and (v) agree
to defend and indemnify Sun and its licensors from and aga
inst any damages, costs, liabilities, settlement amounts an
d/or expenses (including attorneys' fees) incurred in conne
ction with any claim, lawsuit or action by any third party
that arises or results from the use or distribution of any
and all Programs and/or Software.
3. Java Technology Restrictions. You may not modify the Jav
a Platform Interface ("JPI", identified as classes containe
d within the "java" package or any subpackages of the "java
" package), by creating additional classes within the JPI o
r otherwise causing the addition to or modification of the
classes in the JPI. In the event that you create an additi
onal class and associated API(s) which (i) extends the func
tionality of the Java Platform, and (ii) is exposed to thir
d party software developers for the purpose of developing a
dditional software which invokes such additional API, you m
ust promptly publish broadly an accurate specification for
such API for free use by all developers. You may not create
, or authorize your licensees to create additional classes,
interfaces, or subpackages that are in any way identified
as "java", "javax", "sun" or similar convention as specifie
d by Sun in any naming convention designation.
4. Trademarks and Logos. You acknowledge and agree as betwe
en you and Sun that Sun owns the SUN, SOLARIS, JAVA, JINI,
FORTE, and iPLANET trademarks and all SUN, SOLARIS, JAVA, J
INI, FORTE, and iPLANET-related trademarks, service marks,
logos and other brand designations ("Sun Marks"), and you a
gree to comply with the Sun Trademark and Logo Usage Requir
ements currently located at http://www.sun.com/policies/tra
demarks. Any use you make of the Sun Marks inures to Sun's
benefit.
5. Source Code. Software may contain source code that is pr
ovided solely for reference purposes pursuant to the terms
of this Agreement. Source code may not be redistributed un
less expressly provided for in this Agreement.
6. Termination for Infringement. Either party may termina
te this Agreement immediately should any Software become, o
r in either party's opinion be likely to become, the subjec
t of a claim of infringement of any intellectual property r
ight.
For inquiries please contact: Sun Microsystems, Inc. 4150 N
etwork Circle, Santa Clara, California 95054.
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