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Java Servlet Developer's Kit
Version 2.0
Binary Code License
This license ("License") contains rights and
restrictions associated with use of the
accompanying software. Read the License carefully
and select "Agree" at the bottom of this text
window if you wish to install the software.
1. Limited License Grant. By selecting "Agree" at
the bottom of this text window, Sun grants to you
("Licensee") a non-exclusive, non-transferable
limited license to use the Software without fee
for evaluation of the Software and for
development of Java compatible servlets. Licensee
may make one archival copy of the Software and
may re-distribute complete, unmodified copies of
the Software to software developers within
Licensee's organization to avoid unnecessary
download time, provided that this License
conspicuously appear with all copies of the
Software. Except for the foregoing and the
distribution rights authorized for the servlet
classes specified in Section 2 below, Licensee
may not re-distribute the Software in whole or in
part, either separately or included with a
product.
2. License to Distribute Servlet Classes.
Licensee is granted a royalty-free right to
reproduce and distribute the servlet classes
contained in the Software identified therein as
"Sun.Servlet.*," "Javax.Servlet.*" or
"Jsdk.Doc.Apidoc.*" ("Servlet Classes") provided
that Licensee: (i) distrib- utes the Servlet
Classes complete and unmodified only as part of,
and for the sole purpose of run- ning, Licensee's
Java compatible servlets ("Servlets"); (ii) does
not distribute additional soft- ware intended to
replace any component(s) of the Servlet Classes;
(iii) agrees to incorporate the most current
version of the Software that was available from
Sun no later than 180 days prior to each
production release of the Servlet; (iv) does not
remove or alter any proprietary legends or no-
tices contained in the Servlet Classes; (v)
includes the provisions of Sections 3, 4, 6, 8,
and 9 in Licensee's license agreement for the
Program; and (vi) agrees to indemnify, hold
harmless, and de- fend Sun and its licensors from
and against any claims or lawsuits, including
attorneys' fees, that arise or result from the
use or distribution of the Program.
3. Restrictions. Software is confidential
copyrighted information of Sun and title to all
copies is retained by Sun and/or its licensors.
Licensee shall not modify, decompile,
disassemble, decrypt, extract, or otherwise
reverse engineer Software. Software may not be
leased, assigned, or sublicensed, in whole or in
part. Software is not designed or intended for
use in on-line control of aircraft, air traffic,
aircraft navigation or aircraft communications;
or in the design, construction, operation or
maintenance of any nuclear facility. Licensee
warrants that it will not use or redistribute the
Software for such purposes.
4. Trademarks and Logos. This License does not
authorize Licensee to use any Sun name, trademark
or logo. Licensee acknowledges that Sun owns the
Java trademark and all Java-related trademarks,
logos and icons including the Coffee Cup and Duke
("Java Marks") and agrees to: (i) to comply with
the Java Trademark Guidelines at
http://java.com/trademarks.html; (ii) not do
anything harmful to or inconsistent with Sun's
rights in the Java Marks; and (iii) assist Sun in
protecting those rights, including assigning to
Sun any rights acquired by Licensee in any Java
Mark.
5. Disclaimer of Warranty. Software is provided
"AS IS," without a warranty of any kind. ALL
EXPRESS OR IMPLIED REPRESENTATIONS AND
WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED.
6. Limitation of Liability. SUN AND ITS
LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES
SUFFERED BY LICENSEE OR ANY THIRD PARTY AS A
RESULT OF USING OR DISTRIBUTING SOFTWARE. IN NO
EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY
LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT,
INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR
PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS
OF THE THEORY OF LIABILITY, ARISING OUT OF THE
USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
7. Termination. Licensee may terminate this
License at any time by destroying all copies of
Software. This License will terminate immediately
without notice from Sun if Licensee fails to
comply with any provision of this License. Upon
such termination, Licensee must destroy all
copies of Software.
8. Export Regulations. Software, including
technical data, is subject to U.S. export control
laws, including the U.S. Export Administration
Act and its associated regulations, and may be
subject to export or import regulations in other
countries. Licensee agrees to comply strictly
with all such regulations and acknowledges that
it has the responsibility to obtain licenses to
export, re-export, or import Software. Software
may not be downloaded, or otherwise exported or
re-exported (i) into, or to a national or
resident of, Cuba, Iraq, Iran, North Korea,
Libya, Sudan, Syria or any country to which the
U.S. has embargoed goods; or (ii) to anyone on
the U.S. Treasury Department's list of Specially
Designated Nations or the U.S. Commerce
Department's Table of Denial Orders.
9. Restricted Rights. Use, duplication or
disclosure by the United States government is
subject to the restrictions as set forth in the
Rights in Technical Data and Computer Software
Clauses in DFARS 252.227-7013(c) (1) (ii) and FAR
52.227-19(c) (2) as applicable.
10. Governing Law. Any action related to this
License will be governed by California law and
controlling U.S. federal law. No choice of law
rules of any jurisdiction will apply.
11. Severability. If any of the above provisions
are held to be in violation of applicable law,
void, or unenforceable in any jurisdiction, then
such provisions are herewith waived to the extent
necessary for the License to be otherwise
enforceable in such jurisdiction. However, if
in Sun's opinion deletion of any provisions of
the License by operation of this paragraph
unreasonably compromises the rights or increase
the liabilities of Sun or its licensors, Sun
reserves the right to terminate the License and
refund the fee paid by Licensee, if any, as
Licensee's sole and exclusive remedy.
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