path: root/licenses/sun-bcla-jdbc2

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
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engineer Software.  Software is not designed or
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air traffic, aircraft navigation or aircraft
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operation or maintenance of any nuclear facility.
No right, title or interest in or to any
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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
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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.

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IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
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DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

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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
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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
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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
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have the responsibility to obtain such licenses to
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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
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10.  Severability. If any provision of this
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intent of the parties, in which case this
Agreement will immediately terminate.

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agreement between you and Sun relating to its
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No modification of this Agreement will be binding,
unless in writing and signed by an authorized
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For inquiries please contact: Sun Microsystems,
Inc.  901 San Antonio Road, Palo Alto, California
94303


SUPPLEMENTAL LICENSE TERMS
JDBCTM 2.0 INTERFACE CLASSES

These supplemental license terms ("Supplement")
add to or modify the terms of the Binary Code
License Agreement (collectively, the
"Agreement"). Capitalized terms not defined in
this Supplement shall have the same meanings
ascribed to them in the Agreement. These
Supplement terms shall supersede any inconsistent
or conflicting terms in the Agreement, or in any
license contained within the Software.

1. License to Distribute. Sun grants you a
non-exclusive, non-transferable, limited license
to reproduce and distribute the binary and/or
source code form of the Software to third party
end users through multiple tiers of distribution,
provided that you: (i) distribute the Software
complete and unmodified in its original Java
Archive file, and only bundled as a part of your
program that incorporates the Software
("Program"); (ii) do not distribute additional
software intended to replace any component(s) of
the Software; (iii) agree 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 Program; (iv) do not
remove or alter any proprietary legends or notices
contained in or on the Software; (v) only
distribute the Program pursuant to a license
agreement that protects Sun's interest consistent
with the terms contained in the Agreement; (vi)
may not create, or authorize your licensees to cr!
eate additional classes, interfaces, or
subpackages that are contained in the "java"
"javax" or "sun" packages or similar as specified
by Sun in any class file naming convention; and
(vii) 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.

2. Trademarks and Logos. You acknowledge as
between you and Sun that Sun owns the Java
trademark and all Java-related trademarks, logos
and icons including the Coffee Cup and Duke ("Java
Marks") and agree to comply with the Java
Trademark Guidelines at
http://java.sun.com/trademarks.html.