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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.
JavaTM 2 Software Development Kit (J2SDK),
Standard Edition, Version 1.2.x
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 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.
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 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 binary
form of the Software complete and unmodified for the sole
purpose of designing, developing, testing, and running your
Java applets and applications intended to run on
Java-enabled general purpose desktop computers and servers
("Programs").
2. License to Distribute Redistributables. 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 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 (unless otherwise
specified in the applicable README file), and only bundled
as part of Programs, (ii) you do not distribute additional
software intended to supersede any component(s) of the
Redistributables, (iii) you do not remove or alter any
proprietary legends or notices contained in or on the
Redistributables, (iv) you only distribute the
Redistributables pursuant to a license agreement that
protects Sun's interests consistent with the terms
contained in the Agreement, and (v) you 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, U.S.A
(LFI#134400/Form ID#011801)
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