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Sun Microsystems, Inc. Binary Code License Agreement
for the JAVA SE DEVELOPMENT KIT (JDK), VERSION 6
SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE
SOFTWARE IDENTIFIED BELOW TO YOU ONLY UPON THE CONDITION
THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS BINARY
CODE LICENSE AGREEMENT AND SUPPLEMENTAL LICENSE TERMS
(COLLECTIVELY "AGREEMENT"). PLEASE READ THE AGREEMENT
CAREFULLY. BY DOWNLOADING OR INSTALLING THIS SOFTWARE, YOU
ACCEPT THE TERMS OF THE AGREEMENT. INDICATE ACCEPTANCE BY
SELECTING THE "ACCEPT" BUTTON AT THE BOTTOM OF THE
AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY ALL THE
TERMS, SELECT THE "DECLINE" BUTTON AT THE BOTTOM OF THE
AGREEMENT AND THE DOWNLOAD OR INSTALL PROCESS WILL NOT
CONTINUE.
1. DEFINITIONS. "Software" means the identified above in
binary form, any other machine readable materials
(including, but not limited to, libraries, source files,
header files, and data files), any updates or error
corrections provided by Sun, and any user manuals,
programming guides and other documentation provided to you
by Sun under this Agreement. "General Purpose Desktop
Computers and Servers" means computers, including desktop,
laptop and tablet computers, or servers, used for general
computing functions under end user control (such as but not
specifically limited to email, general purpose Internet
browsing, and office suite productivity tools). The use of
Software in systems and solutions that provide dedicated
functionality (other than as mentioned above) or designed
for use in embedded or function-specific software
applications, for example but not limited to: Software
embedded in or bundled with industrial control systems,
wireless mobile telephones, wireless handheld devices,
kiosks, TV/STB, Blu-ray Disc devices, telematics and
network control switching equipment, printers and storage
management systems, and other related systems is excluded
from this definition and not licensed under this
Agreement. "Programs" means Java technology applets and
applications intended to run on the Java Platform Standard
Edition (Java SE) platform on Java-enabled General Purpose
Desktop Computers and Servers.
2. LICENSE TO USE. Subject to the terms and conditions of
this Agreement, including, but not limited to the Java
Technology Restrictions of the Supplemental License Terms,
Sun grants you a non-exclusive, non-transferable, limited
license without license fees to reproduce and use
internally Software complete and unmodified for the sole
purpose of running Programs. Additional licenses for
developers and/or publishers are granted in the
Supplemental License Terms.
3. RESTRICTIONS. Software is confidential and copyrighted.
Title to Software and all associated intellectual property
rights is retained by Sun and/or its licensors. Unless
enforcement is prohibited by applicable law, you may not
modify, decompile, or reverse engineer Software. You
acknowledge that Licensed Software is not designed or
intended for use in the design, construction, operation or
maintenance of any nuclear facility. Sun Microsystems, Inc.
disclaims any express or implied warranty of fitness for
such uses. No right, title or interest in or to any
trademark, service mark, logo or trade name of Sun or its
licensors is granted under this Agreement. Additional
restrictions for developers and/or publishers licenses are
set forth in the Supplemental License Terms.
4. LIMITED WARRANTY. Sun warrants to you that for a period
of ninety (90) days from the date of purchase, as evidenced
by a copy of the receipt, the media on which Software is
furnished (if any) will be free of defects in materials and
workmanship under normal use. Except for the foregoing,
Software is provided "AS IS". Your exclusive remedy and
Sun's entire liability under this limited warranty will be
at Sun's option to replace Software media or refund the fee
paid for Software. Any implied warranties on the Software
are limited to 90 days. Some states do not allow
limitations on duration of an implied warranty, so the
above may not apply to you. This limited warranty gives you
specific legal rights. You may have others, which vary from
state to state.
5. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS
AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,
REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED
WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE
EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY
INVALID.
6. 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
CAUSED 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 contract, 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. Some
states do not allow the exclusion of incidental or
consequential damages, so some of the terms above may not
be applicable to you.
7. TERMINATION. This Agreement is effective until
terminated. You may terminate this Agreement at any time by
destroying all copies of Software. This Agreement will
terminate immediately without notice from Sun if you fail
to comply with any provision of this Agreement. Either
party may terminate this Agreement immediately should any
Software become, or in either party's opinion be likely to
become, the subject of a claim of infringement of any
intellectual property right. Upon Termination, you must
destroy all copies of Software.
8. EXPORT REGULATIONS. All Software and technical data
delivered under this Agreement are subject to US export
control laws and may be subject to export or import
regulations in other countries. You agree to comply
strictly with all such 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.
9. TRADEMARKS AND LOGOS. You acknowledge and agree as
between you and Sun that Sun owns the SUN, SOLARIS, JAVA,
JINI, FORTE, and iPLANET trademarks and all SUN, SOLARIS,
JAVA, JINI, FORTE, and iPLANET-related trademarks, service
marks, logos and other brand designations ("Sun Marks"),
and you agree to comply with the Sun Trademark and Logo
Usage Requirements currently located at
http://www.sun.com/policies/trademarks. Any use you make of
the Sun Marks inures to Sun's benefit.
10. U.S. GOVERNMENT RESTRICTED RIGHTS. If Software is being
acquired by or on behalf of the U.S. Government or by a
U.S. Government prime contractor or subcontractor (at any
tier), then the Government's rights in Software and
accompanying documentation will be only as set forth in
this Agreement; this is in accordance with 48 CFR 227.7201
through 227.7202-4 (for Department of Defense (DOD)
acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD
acquisitions).
11. GOVERNING LAW. Any action related to this Agreement
will be governed by California law and controlling U.S.
federal law. No choice of law rules of any jurisdiction
will apply.
12. SEVERABILITY. If any provision of this Agreement is
held to be unenforceable, this Agreement will remain in
effect with the provision omitted, unless omission would
frustrate the intent of the parties, in which case this
Agreement will immediately terminate.
13. INTEGRATION. This Agreement is the entire agreement
between you and Sun relating to its subject matter. It
supersedes all prior or contemporaneous oral or written
communications, proposals, representations and warranties
and prevails over any conflicting or additional terms of
any quote, order, acknowledgment, or other communication
between the parties relating to its subject matter during
the term of this Agreement. No modification of this
Agreement will be binding, unless in writing and signed by
an authorized representative of each party.
SUPPLEMENTAL LICENSE TERMS
These Supplemental License Terms add to or modify the terms
of the Binary Code License Agreement. Capitalized terms not
defined in these Supplemental Terms shall have the same
meanings ascribed to them in the Binary Code License
Agreement . These Supplemental Terms shall supersede any
inconsistent or conflicting terms in the Binary Code
License Agreement, or in any license contained within the
Software.
A. Software Internal Use and Development License Grant.
Subject to the terms and conditions of this Agreement and
restrictions and exceptions set forth in the Software
"README" file incorporated herein by reference, including,
but not limited to the Java Technology Restrictions of
these Supplemental Terms, Sun grants you a non-exclusive,
non-transferable, limited license without fees to reproduce
internally and use internally the Software complete and
unmodified for the purpose of designing, developing, and
testing your Programs.
B. License to Distribute Software. Subject to the terms and
conditions of this Agreement and restrictions and
exceptions set forth in the Software README file,
including, but not limited to the Java Technology
Restrictions of these Supplemental Terms, Sun grants you a
non-exclusive, non-transferable, limited license without
fees to reproduce and distribute the Software, provided
that (i) you distribute the Software complete and
unmodified and only bundled as part of, and for the sole
purpose of running, your Programs, (ii) the Programs add
significant and primary functionality to the Software,
(iii) you do not distribute additional software intended to
replace any component(s) of the Software, (iv) you do not
remove or alter any proprietary legends or notices
contained in the Software, (v) you only distribute the
Software subject to a license agreement that protects Sun's
interests consistent with the terms contained in this
Agreement, and (vi) you agree to defend and indemnify Sun
and its licensors from and
C. License to Distribute Redistributables. Subject to the
terms and conditions of this Agreement and restrictions and
exceptions set forth in the Software README file, including
but not limited to the Java Technology Restrictions of
these Supplemental Terms, Sun grants you a non-exclusive,
non-transferable, limited license without fees to reproduce
and distribute those files specifically identified as
redistributable in the Software "README" file
("Redistributables") provided that: (i) you distribute the
Redistributables complete and unmodified, and only bundled
as part of Programs, (ii) the Programs add significant and
primary functionality to the Redistributables, (iii) you do
not distribute additional software intended to supersede
any component(s) of the Redistributables (unless otherwise
specified in the applicable README file), (iv) you do not
remove or alter any proprietary legends or notices
contained in or on the Redistributables, (v) you only
distribute the Redistributables pursuant to a license ag
D. Java Technology Restrictions. You may not create,
modify, or change the behavior of, or authorize your
licensees to create, modify, or change the behavior of,
classes, interfaces, or subpackages that are in any way
identified as "java", "javax", "sun" or similar convention
as specified by Sun in any naming convention designation.
E. Distribution by Publishers. This section pertains to
your distribution of the Software with your printed book or
magazine (as those terms are commonly used in the industry)
relating to Java technology ("Publication"). Subject to and
conditioned upon your compliance with the restrictions and
obligations contained in the Agreement, in addition to the
license granted in Paragraph 1 above, Sun hereby grants to
you a non-exclusive, nontransferable limited right to
reproduce complete and unmodified copies of the Software on
electronic media (the "Media") for the sole purpose of
inclusion and distribution with your Publication(s),
subject to the following terms: (i) You may not distribute
the Software on a stand-alone basis; it must be distributed
with your Publication(s); (ii) You are responsible for
downloading the Software from the applicable Sun web site;
(iii) You must refer to the Software as JavaTM SE
Development Kit 6; (iv) The Software must be reproduced in
its entirety and without any modification what
F. Source Code. Software may contain source code that,
unless expressly licensed for other purposes, is provided
solely for reference purposes pursuant to the terms of this
Agreement. Source code may not be redistributed unless
expressly provided for in this Agreement.
G. Third Party Code. Additional copyright notices and
license terms applicable to portions of the Software are
set forth in the THIRDPARTYLICENSEREADME.txt file. In
addition to any terms and conditions of any third party
opensource/freeware license identified in the
THIRDPARTYLICENSEREADME.txt file, the disclaimer of
warranty and limitation of liability provisions in
paragraphs 5 and 6 of the Binary Code License Agreement
shall apply to all Software in this distribution.
H. Termination for Infringement. Either party may terminate
this Agreement immediately should any Software become, or
in either party's opinion be likely to become, the subject
of a claim of infringement of any intellectual property
right.
I. Installation and Auto-Update. The Software's
installation and auto-update processes transmit a limited
amount of data to Sun (or its service provider) about those
specific processes to help Sun understand and optimize
them. Sun does not associate the data with personally
identifiable information. You can find more information
about the data Sun collects at http://java.com/data/.
For inquiries please contact: Sun Microsystems, Inc., 4150
Network Circle, Santa Clara, California 95054, U.S.A.
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