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Sun Microsystems, Inc.
Software 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 INTERFACE CLASSES
JAVA METADATA INTERFACE ("JMI"), VERSION 1.0, SAMPLE CLASS INTERFACES
SUPPLEMENTAL LICENSE TERMS
These supplemental license terms ("Supplemental Terms") add to or modify the terms
of the Software 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 Technology Restrictions)
of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited
license to reproduce internally and use internally the Software, complete and unmodified,
for the sole purpose of designing, developing, testing and running your Java applets
and applications. For clarification, the Software will be considered unmodified if you have
compiled the Software using a compliant Java compiler.
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), Sun grants you a non-exclusive,
non-transferable, limited license to reproduce and distribute the Software 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. 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#115025/Form ID#011801)
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