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authorJan Brinkmann <luckyduck@gentoo.org>2005-01-20 15:48:22 +0000
committerJan Brinkmann <luckyduck@gentoo.org>2005-01-20 15:48:22 +0000
commit6f30027018d69a14256c2765874b3061fa3a3615 (patch)
treec837b3fe0581a9bf8b2f918aca3102a903f41b5c /licenses
parentadded missing jikes dependency. (diff)
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added sun-bcla-dsml license
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+ Pre-Release
+ Binary Software Evaluation Agreement
+
+ SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO
+ LICENSE THE DSML VERSION 2.0 SERVICE PROVIDER
+ PRE-RELEASE SOFTWARE TO LICENSEE ONLY UPON THE
+ CONDITION THAT LICENSEE ACCEPTS ALL OF THE TERMS
+ CONTAINED IN THIS LICENSE AGREEMENT
+ ("AGREEMENT"). PLEASE READ THE TERMS AND
+ CONDITIONS OF THIS AGREEMENT CAREFULLY. BY
+ DOWNLOADING OR INSTALLING THIS SOFTWARE, LICENSEE
+ ACCEPTS THE TERMS AND CONDITIONS OF THIS LICENSE
+ AGREEMENT. INDICATE ACCEPTANCE BY SELECTING THE
+ "ACCEPT" BUTTON AT THE BOTTOM OF THIS AGREEMENT.
+ IF LICENSEE IS NOT WILLING TO BE BOUND BY ALL THE
+ TERMS, SELECT THE "DECLINE" BUTTON AT THE BOTTOM
+ OF THE AGREEMENT AND THE DOWNLOAD OR INSTALL
+ PROCESS WILL NOT CONTINUE.
+
+ 1.0 DEFINITIONS
+ "Licensed Software" means the DSML Version 2.0
+ Service Provider Pre-release Software in binary
+ form, any other machine readable materials
+ (including, but not limited to, libraries, source
+ files, header files, and data files) and any user
+ manuals, programming guides and other
+ documentation provided to Licensee by Sun under
+ this Agreement.
+
+ 2.0 LIMITED LICENSE
+ Sun grants to Licensee, a non-exclusive, non-
+ transferable, royalty-free and limited license to
+ use Licensed Software internally for the purposes
+ of evaluation only. No license is granted to
+ Licensee for any other purpose. Licensee may not
+ sell, rent, loan or otherwise encumber or transfer
+ Licensed Software in whole or in part, to any
+ third party.
+
+ 3.0 LICENSE RESTRICTIONS
+ 3.1 Licensee may not duplicate Licensed Software
+ other than for a single copy of Licensed Software
+ for archival purposes only. Licensee agrees to
+ reproduce any copyright and other proprietary
+ right notices on any such copy.
+ 3.2 Except as otherwise provided by law, Licensee
+ may not modify or create derivative works of the
+ Licensed Software, or reverse engineer,
+ disassemble or decompile binary portions of the
+ Licensed Software, or otherwise attempt to derive
+ the source code from such portions.
+ 3.3 No right, title, or interest in or to Licensed
+ Software, any trademarks, service marks, or trade
+ names of Sun or Sun's licensors is granted under
+ this Agreement.
+ 3.4 Licensee shall have no right to use the
+ Licensed Software for productive or commercial
+ use.
+
+ 4.0 NO SUPPORT
+ Sun is under no obligation to support Licensed
+ Software or to provide Licensee with updates or
+ error corrections (collectively "Software
+ Updates"). If Sun, at its sole option, supplies
+ Software Updates to Licensee, the Software Updates
+ will be considered part of Licensed Software, and
+ subject to the terms of this Agreement.
+
+ 5.0 LICENSEE DUTIES
+ Licensee agrees to evaluate and test the Licensed
+ Software for use with Licensee's products and to
+ provide feedback to Sun's email address:
+ [1]jndi@java.sun.com. Sun shall treat any oral or
+ written feedback or results of Licensee's testing
+ of the Licensed Software which Licensee provides
+ to Sun as Sun's Confidential Information (defined
+ in Section 7 below).
+
+ 6.0 TERM AND TERMINATION OF AGREEMENT
+ 6.1 This Agreement will commence on the date on
+ which Licensee receives Licensed Software (the
+ "Effective Date") and will expire ninety (90) days
+ from the Effective Date, unless terminated earlier
+ as provided below.
+ 6.2 Either party may terminate this Agreement upon
+ ten (10) days written notice to the other party.
+ However, Sun may terminate this Agreement
+ immediately should any Licensed Software become,
+ or in Sun's opinion be likely to become, the
+ subject of a claim of infringement of a patent,
+ trade secret or copyright.
+ 6.3 Sun may terminate this Agreement immediately
+ should Licensee materially breach any of its
+ provisions or take any action in derogation of
+ Sun's rights to the Confidential Information
+ licensed to Licensee.
+ 6.4 Upon termination or expiration of this
+ Agreement, Licensee will immediately cease use of
+ and destroy Licensed Software and any copies
+ thereof and provide Sun a written statement
+ certifying that Licensee has complied with the
+ foregoing obligations.
+ 6.5 Rights and obligations under this Agreement
+ which by their nature should survive, will remain
+ in effect after termination or expiration hereof.
+
+ 7.0 CONFIDENTIAL INFORMATION
+ 7.1 For purposes of this Agreement, "Confidential
+ Information" means: (i) business and technical
+ information and any source code or binary code
+ which Sun discloses to Licensee related to
+ Licensed Software; and (ii) the terms, conditions,
+ and existence of this Agreement. Licensee may not
+ disclose Confidential Information or use it except
+ for the purposes specified in this Agreement.
+ Licensee will protect the confidentiality of
+ Confidential Information to the same degree of
+ care, but no less than reasonable care, as
+ Licensee uses to protect its own Confidential
+ Information. Licensee's obligations regarding
+ Confidential Information will expire no less than
+ five (5) years from the date of receipt of the
+ Confidential Information, except for Sun source
+ code which will be protected in perpetuity.
+ Licensee agrees that Licensed Software contains
+ trade secrets of Sun.
+ 7.2 Notwithstanding any provisions contained in
+ this Agreement concerning nondisclosure and
+ non-use of the Confidential Information, the
+ nondisclosure obligations of Section 7.1 will not
+ apply to any portion of Confidential Information
+ that a Licensee can demonstrate in writing is:
+ (i) now, or hereafter through no act or failure to
+ act on the part of Licensee becomes, generally
+ known to the general public; (ii) known to
+ Licensee at the time of receiving the Confidential
+ Information without an obligation of
+ confidentiality; (iii) hereafter rightfully
+ furnished to Licensee by a third party without
+ restriction on disclosure; or (iv) independently
+ developed by Licensee without any use of the
+ Confidential Information.
+ 7.3 Licensee must restrict access to Confidential
+ Information to its employees or contractors with a
+ need for this access to perform their employment
+ or contractual obligations and who have agreed in
+ writing to be bound by a confidentiality
+ obligation which incorporates the protections and
+ restrictions substantially as set forth in this
+ Agreement.
+
+ 8.0 DISCLAIMER OF WARRANTY
+ 8.1 Licensee acknowledges that Licensed Software
+ may contain errors and is not designed or intended
+ for use in the design, construction, operation or
+ maintenance of any nuclear facility ("High Risk
+ Activities"). Sun disclaims any express or
+ implied warranty of fitness for such uses.
+ Licensee represents and warrants to Sun that it
+ will not use, distribute or license the Licensed
+ Software for High Risk Activities.
+ 8.2 LICENSED SOFTWARE IS PROVIDED "AS IS". ALL
+ EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS,
+ AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF
+ MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR
+ A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE
+ DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH
+ DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
+
+ 9.0 LIMITATION OF LIABILITY
+ 9.1 Licensee acknowledges that the Licensed
+ Software is experimental. Licensee acknowledges
+ that the Licensed Software may have defects or
+ deficiencies which cannot or will not be corrected
+ by Sun. Licensee will hold Sun harmless from any
+ claims based on Licensee's use of the Licensed
+ Software for any purposes other than those of
+ internal evaluation, and from any claims that
+ later versions or releases of any Licensed
+ Software furnished to Licensee are incompatible
+ with the Licensed Software provided to Licensee
+ under this Agreement.
+ 9.2 Licensee shall have the sole responsibility to
+ protect adequately and backup Licensee's data
+ and/or equipment used in connection with the
+ Licensed Software. Licensee shall not claim
+ against Sun for lost data, re-run time, inaccurate
+ output, work delays or lost profits resulting from
+ Licensee' use of the Licensed Software.
+ 9.3 Licensee acknowledges that Sun is under no
+ obligation to release the Licensed Software as a
+ product of Sun.
+ 9.4 To the extent not prohibited by law, in no
+ event will Sun be liable for any indirect,
+ punitive, special, incidental or consequential
+ damage in connection with or arising out of this
+ Agreement (including loss of business, revenue,
+ profits, use, data or other economic advantage),
+ however it arises, whether for breach or in tort,
+ even if the other party has been previously
+ advised of the possibility of such damage.
+
+ 10.0 U.S. GOVERNMENT RIGHTS
+ If this 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 the Software and
+ accompanying documentation shall be only as set
+ forth in this license; this is in accordance with
+ 48 C.F.R. 227.7201 through 227.7202-4 (for
+ Department of Defense (DoD) acquisitions) and with
+ 48 C.F.R. 2.101 and 12.212 (for non-DoD
+ acquisitions).
+
+ 11.0 GENERAL TERMS
+ 11.1 Any action related to this Agreement will be
+ governed by California law and controlling U.S.
+ federal law. The U.N. Convention for the
+ International Sale of Goods and the choice of law
+ rules of any jurisdiction will not apply.
+ 11.2 Licensed Software and technical data
+ delivered under this Agreement are subject to
+ U.S. export control laws and may be subject to
+ export or import regulations in other countries.
+ Licensee agrees to comply strictly with all such
+ laws and regulations and acknowledges that it has
+ the responsibility to obtain such licenses to
+ export, re-export or import as may be required
+ after delivery to Licensee.
+ 11.3 It is understood and agreed that,
+ notwithstanding any other provision of this
+ Agreement, Licensee's breach of the provisions of
+ Section 7 of this Agreement will cause Sun
+ irreparable damage for which recovery of money
+ damages would be inadequate, and that Sun will
+ therefore be entitled to seek timely injunctive
+ relief to protect Sun's rights under this
+ Agreement in addition to any and all remedies
+ available at law.
+ 11.4 Neither party may assign or otherwise
+ transfer any of its rights or obligations under
+ this Agreement, without the prior written consent
+ of the other party, except that Sun may assign
+ this Agreement to an affiliated company.
+ 11.5 This Agreement is the parties' entire
+ agreement relating to its subject matter. It
+ supersedes all prior or contemporaneous oral or
+ written communications, proposals, conditions,
+ 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 to this Agreement will be binding,
+ unless in writing and signed by an authorized
+ representative of each party.
+ (LFI#107702/Form ID#011801)
+
+References
+
+ 1. mailto:jndi@java.sun.com