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authorDylan Carlson <absinthe@gentoo.org>2003-05-24 05:27:35 +0000
committerDylan Carlson <absinthe@gentoo.org>2003-05-24 05:27:35 +0000
commit1d453f9b8732f230a85282a603e18ac55a3b515f (patch)
treeec1da161fdcf37fdf7755902d4c67d0b52aa719a /licenses/sun-bcla-java-vm
parentAdded ~mips to KEYWORDS (diff)
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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 1.4.1_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 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 4 (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 and testing your Java
+applets and applications intended to run on the Java
+platform ("Programs").
+
+2. License to Distribute Software. Subject to the terms
+and conditions of this Agreement, including, but not limited
+to Section 4 (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 (unless
+otherwise specified in the applicable README file) 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 (unless otherwise specified in the applicable
+README file), (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 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. (vi) include the following
+statement as part of product documentation (whether hard
+copy or electronic), as a part of a copyright page or
+proprietary rights notice page, in an "About" box or in any
+other form reasonably designed to make the statement visible
+to users of the Software: "This product includes code
+licensed from RSA Security, Inc.", and (vii) include the
+statement, "Some portions licensed from IBM are available at
+http://oss.software.ibm.com/icu4j/".
+
+3. License to Distribute Redistributables. Subject to the
+terms and conditions of this Agreement, including but not
+limited to Section 4 (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 (unless otherwise specified in the
+applicable README file), (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, (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, (vi) include the following statement as part of
+product documentation (whether hard copy or electronic), as
+a part of a copyright page or proprietary rights notice
+page, in an "About" box or in any other form reasonably
+designed to make the statement visible to users of the
+Software: "This product includes code licensed from RSA
+Security, Inc.", and (vii) include the statement, "Some
+portions licensed from IBM are available at
+http://oss.software.ibm.com/icu4j/".
+
+4. 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.
+
+5. Notice of Automatic Software Updates from Sun. You
+acknowledge that the Software may automatically download,
+install, and execute applets, applications, software
+extensions, and updated versions of the Software from Sun
+("Software Updates"), which may require you to accept
+updated terms and conditions for installation. If
+additional terms and conditions are not presented on
+installation, the Software Updates will be considered part
+of the Software and subject to the terms and conditions of
+the Agreement.
+
+6. Notice of Automatic Downloads. You acknowledge that, by
+your use of the Software and/or by requesting services that
+require use of the Software, the Software may automatically
+download, install, and execute software applications from
+sources other than Sun ("Other Software"). Sun makes no
+representations of a relationship of any kind to licensors
+of Other Software. 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 OTHER SOFTWARE,
+EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
+DAMAGES.
+
+7. 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 2 Software
+Development Kit, Standard Edition, Version 1.4.1; (iv) The
+Software must be reproduced in its entirety and without any
+modification whatsoever (including, without limitation, the
+Binary Code License and Supplemental License Terms
+accompanying the Software and proprietary rights notices
+contained in the Software); (v) The Media label shall
+include the following information: Copyright 2002, Sun
+Microsystems, Inc. All rights reserved. Use is subject to
+license terms. Sun, Sun Microsystems, the Sun logo,
+Solaris, Java, the Java Coffee Cup logo, J2SE , and all
+trademarks and logos based on Java are trademarks or
+registered trademarks of Sun Microsystems, Inc. in the U.S.
+and other countries. This information must be placed on the
+Media label in such a manner as to only apply to the Sun
+Software; (vi) You must clearly identify the Software as
+Sun's product on the Media holder or Media label, and you
+may not state or imply that Sun is responsible for any
+third-party software contained on the Media; (vii) You may
+not include any third party software on the Media which is
+intended to be a replacement or substitute for the Software;
+(viii) You shall indemnify Sun for all damages arising from
+your failure to comply with the requirements of this
+Agreement. In addition, you shall defend, at your expense,
+any and all claims brought against Sun by third parties, and
+shall pay all damages awarded by a court of competent
+jurisdiction, or such settlement amount negotiated by you,
+arising out of or in connection with your use, reproduction
+or distribution of the Software and/or the Publication.
+Your obligation to provide indemnification under this
+section shall arise provided that Sun: (i) provides you
+prompt notice of the claim; (ii) gives you sole control of
+the defense and settlement of the claim; (iii) provides you,
+at your expense, with all available information, assistance
+and authority to defend; and (iv) has not compromised or
+settled such claim without your prior written consent; and
+(ix) You shall provide Sun with a written notice for each
+Publication; such notice shall include the following
+information: (1) title of Publication, (2) author(s), (3)
+date of Publication, and (4) ISBN or ISSN numbers. Such
+notice shall be sent to Sun Microsystems, Inc., 4150 Network
+Circle, M/S USCA12-110, Santa Clara, California 95054, U.S.A
+, Attention: Contracts Administration.
+
+8. 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.
+
+9. 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.
+
+10. 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#120080/Form ID#011801)
+