You can not select more than 25 topics
Topics must start with a letter or number, can include dashes ('-') and can be up to 35 characters long.
145 lines
9.6 KiB
145 lines
9.6 KiB
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)
|