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131 lines
9.7 KiB
131 lines
9.7 KiB
Sun Microsystems, Inc.
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Binary Code License Agreement
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READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE TERMS
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(COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA PACKAGE.
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BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT.
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IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF
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THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF
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YOU DO NOT AGREE TO ALL THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR
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PLACE OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED ELECTRONICALLY,
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SELECT THE "DECLINE" BUTTON AT THE END OF THIS AGREEMENT. 1. LICENSE TO USE.
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Sun grants you a non-exclusive and non-transferable license for the internal use
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only of the accompanying software and documentation and any error corrections
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provided by Sun (collectively "Software"), by the number of users and the class
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of computer hardware for which the corresponding fee has been paid. 2.
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RESTRICTIONS. Software is confidential and copyrighted. Title to Software and
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all associated intellectual property rights is retained by Sun and/or its
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licensors. Except as specifically authorized in any Supplemental License Terms,
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you may not make copies of Software, other than a single copy of Software for
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archival purposes. Unless enforcement is prohibited by applicable law, you may
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not modify, decompile, or reverse engineer Software. Licensee acknowledges that
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Licensed Software is not designed or intended for use in the design,
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construction, operation or maintenance of any nuclear facility. Sun
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Microsystems, Inc. disclaims any express or implied warranty of fitness for such
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uses. No right, title or interest in or to any trademark, service mark, logo
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or trade name of Sun or its licensors is granted under this Agreement. 3.
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LIMITED WARRANTY. Sun warrants to you that for a period of ninety (90) days
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from the date of purchase, as evidenced by a copy of the receipt, the media on
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which Software is furnished (if any) will be free of defects in materials and
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workmanship under normal use. Except for the foregoing, Software is provided
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"AS IS". Your exclusive remedy and Sun's entire liability under this limited
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warranty will be at Sun's option to replace Software media or refund the fee
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paid for Software. 4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS
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AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES,
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INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
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PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE
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DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. 5. LIMITATION OF LIABILITY. TO THE
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EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE
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FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL,
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INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF
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LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE,
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EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event
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will Sun's liability to you, whether in contract, tort (including negligence),
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or otherwise, exceed the amount paid by you for Software under this Agreement.
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The foregoing limitations will apply even if the above stated warranty fails of
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its essential purpose. 6. Termination. This Agreement is effective until
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terminated. You may terminate this Agreement at any time by destroying all
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copies of Software. This Agreement will terminate immediately without notice
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from Sun if you fail to comply with any provision of this Agreement. Upon
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Termination, you must destroy all copies of Software. 7. Export Regulations. All
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Software and technical data delivered under this Agreement are subject to US
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export control laws and may be subject to export or import regulations in other
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countries. You agree to comply strictly with all such laws and regulations and
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acknowledge that you have the responsibility to obtain such licenses to export,
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re-export, or import as may be required after delivery to you. 8. U.S.
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Government Restricted Rights. If Software is being acquired by or on behalf of
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the U.S. Government or by a U.S. Government prime contractor or subcontractor
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(at any tier), then the Government's rights in Software and accompanying
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documentation will be only as set forth in this Agreement; this is in accordance
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with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD)
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acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions). 9.
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Governing Law. Any action related to this Agreement will be governed by
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California law and controlling U.S. federal law. No choice of law rules of any
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jurisdiction will apply. 10. Severability. If any provision of this Agreement
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is held to be unenforceable, this Agreement will remain in effect with the
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provision omitted, unless omission would frustrate the intent of the parties, in
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which case this Agreement will immediately terminate. 11. Integration. This
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Agreement is the entire agreement between you and Sun relating to its subject
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matter. It supersedes all prior or contemporaneous oral or written
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communications, proposals, representations and warranties and prevails over any
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conflicting or additional terms of any quote, order, acknowledgment, or other
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communication between the parties relating to its subject matter during the term
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of this Agreement. No modification of this Agreement will be binding, unless in
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writing and signed by an authorized representative of each party. JAVATM
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INTERFACE CLASSES JAVA TRANSACTION API (JTA), VERSION 1.0.1B, MAINTENANCE
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RELEASESUPPLEMENTAL LICENSE TERMS These supplemental license terms
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("Supplemental Terms") add to or modify the terms of the Binary Code License
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Agreement (collectively, the "Agreement"). Capitalized terms not defined in
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these Supplemental Terms shall have the same meanings ascribed to them in the
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Agreement. These Supplemental Terms shall supersede any inconsistent or
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conflicting terms in the Agreement, or in any license contained within the
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Software. 1. Software Internal Use and Development License Grant. Subject to the
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terms and conditions of this Agreement, including, but not limited to Section 3
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(Java Technology Restrictions) of these Supplemental Terms, Sun grants you a
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non-exclusive, non-transferable, limited license to reproduce internally and use
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internally the binary form of the Software, complete and unmodified, for the
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sole purpose of designing, developing and testing your Java applets and
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applications ("Programs"). 2. License to Distribute Software. In addition to
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the license granted in Section 1 (Software Internal Use and Development License
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Grant) of these Supplemental Terms, subject to the terms and conditions of this
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Agreement, including but not limited to Section 3 (Java Technology
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Restrictions), Sun grants you a non-exclusive, non-transferable, limited license
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to reproduce and distribute the Software in binary form only, provided that you
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(i) distribute the Software complete and unmodified and only bundled as part of
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your Programs, (ii) do not distribute additional software intended to replace
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any component(s) of the Software, (iii) do not remove or alter any proprietary
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legends or notices contained in the Software, (iv) only distribute the Software
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subject to a license agreement that protects Sun's interests consistent with the
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terms contained in this Agreement, and (v) agree to defend and indemnify Sun and
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its licensors from and against any damages, costs, liabilities, settlement
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amounts and/or expenses (including attorneys' fees) incurred in connection with
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any claim, lawsuit or action by any third party that arises or results from the
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use or distribution of any and all Programs and/or Software. 3. Java Technology
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Restrictions. You may not modify the Java Platform Interface ("JPI", identified
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as classes contained within the "java" package or any subpackages of the "java"
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package), by creating additional classes within the JPI or otherwise causing the
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addition to or modification of the classes in the JPI. In the event that you
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create an additional class and associated API(s) which (i) extends the
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functionality of the Java Platform, and (ii) is exposed to third party software
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developers for the purpose of developing additional software which invokes such
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additional API, you must promptly publish broadly an accurate specification for
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such API for free use by all developers. You may not create, or authorize your
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licensees to create additional classes, interfaces, or subpackages that are in
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any way identified as "java", "javax", "sun" or similar convention as specified
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by Sun in any naming convention designation. 4. Trademarks and Logos. You
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acknowledge and agree as between you and Sun that Sun owns the SUN, SOLARIS,
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JAVA, JINI, FORTE, and iPLANET trademarks and all SUN, SOLARIS, JAVA, JINI,
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FORTE, and iPLANET-related trademarks, service marks, logos and other brand
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designations ("Sun Marks"), and you agree to comply with the Sun Trademark and
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Logo Usage Requirements currently located at
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http://www.sun.com/policies/trademarks. Any use you make of the Sun Marks inures
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to Sun's benefit. 5. Source Code. Software may contain source code that is
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provided solely for reference purposes pursuant to the terms of this Agreement.
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Source code may not be redistributed unless expressly provided for in this
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Agreement. 6. Termination for Infringement. Either party may terminate this
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Agreement immediately should any Software become, or in either party's opinion
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be likely to become, the subject of a claim of infringement of any intellectual
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property right. For inquiries please contact: Sun Microsystems, Inc. 4150
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Network Circle, Santa Clara, California 95054. (LFI#121049/Form ID#011801) |