Skip to content

HTTPS clone URL

Subversion checkout URL

You can clone with
or
.
Download ZIP
tree: 4cd8f51895
Fetching contributors…

Cannot retrieve contributors at this time

212 lines (154 sloc) 10.496 kb
Sun Microsystems, Inc.
Binary Code License Agreement
READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE TERMS
(COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA PACKAGE.
BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT.
IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE 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 THE 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 accompanying software and documentation and any error
corrections 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 property rights is retained by Sun and/or its licensors. Except as
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,
decompile, or reverse engineer Software. Licensee acknowledges 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.
3. 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.
4. 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.
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 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.
6. 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.
Upon Termination, you must destroy all copies of Software.
7. 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.
8. 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).
9. 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.
10, 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.
11. 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.
JAVA OPTIONAL PACKAGE
JAVAX.COMM 3.0
SUPPLEMENTAL LICENSE TERMS
These supplemental license terms ("Supplemental Terms") add to or modify the terms of
the Binary Code License Agreement (collectively, the "Agreement"). Capitalized terms
not defined in these Supplemental Terms shall have the same meanings ascribed to them
in the Agreement. These Supplemental Terms shall supersede any inconsistent or
conflicting terms in the Agreement, or in any license contained within the Software.
1. Software Internal Use and Development License Grant.
Subject to the terms and conditions of this Agreement, including, but not limited
to Section 3 (Java(TM) Technology Restrictions) of these Supplemental Terms, Sun
grants you a non-exclusive, non-transferable, limited license to reproduce
internally and use internally the binary form of the Software, complete and
unmodified, for the sole purpose of designing, developing and testing your
Java applets and applications ("Programs").
2. License to Distribute Software.
In addition to the license granted in Section 1 (Software Internal Use and
Development 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) of these Supplemental Terms, Sun grants you
a non-exclusive, non-transferable, limited license to reproduce and distribute
the Software in binary code form only, provided that you (i) distribute the
Software complete and unmodified and only bundled as part of your Programs,
(ii) do not distribute additional software intended to replace any component(s)
of the Software, (iii) do not remove 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 consistent with the terms
contained in this Agreement, and (v) agree to defend and indemnify Sun and its
licensors from and against any damages, costs, liabilities, settlement amounts
and/or expenses (including attorneys' fees) incurred in connection 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 Java Platform Interface ("JPI", identified as classes
contained within the "java" package or any subpackages of the "java" package),
by creating additional classes within the JPI or otherwise causing the addition
to or modification of the classes in the JPI.
In the event that you create an additional class and associated API(s) which (i)
extends the functionality of the Java platform, and (ii) is exposed to third
party software developers for the purpose of developing additional software
which invokes such additional API, you must 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 specified by Sun in any naming convention
designation.
4. 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.
5. Source Code.
Software may contain source code that 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.
6. 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.
For inquiries please contact:
Sun Microsystems, Inc. 4150 Network Circle, Santa Clara, California 95054.
(LFI#143217/Form ID#011801)
Jump to Line
Something went wrong with that request. Please try again.