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gentoo-overlay/licenses/Oracle-BCLA-JavaSE

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# File generated from the output of:
# links -dump http://www.oracle.com/technetwork/java/javase/terms/license/index.html
# For up-to-date version with html links, please check the URL
Oracle Binary Code License Agreement for the Java SE Platform Products
ORACLE AMERICA, INC. ("ORACLE"), FOR AND ON BEHALF OF ITSELF AND ITS
SUBSIDIARIES AND AFFILIATES UNDER COMMON CONTROL, IS WILLING TO LICENSE
THE SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE
TERMS CONTAINED IN THIS BINARY CODE LICENSE AGREEMENT AND SUPPLEMENTAL
LICENSE TERMS (COLLECTIVELY "AGREEMENT"). PLEASE READ THE AGREEMENT
CAREFULLY. BY SELECTING THE "ACCEPT LICENSE AGREEMENT" (OR THE
EQUIVALENT) BUTTON AND/OR BY USING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU
HAVE READ THE TERMS AND AGREE TO THEM. IF YOU ARE AGREEING TO THESE TERMS
ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE
THE LEGAL AUTHORITY TO BIND THE LEGAL ENTITY TO THESE TERMS. IF YOU DO
NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT WISH TO BE BOUND BY THE TERMS,
THEN SELECT THE "DECLINE LICENSE AGREEMENT" (OR THE EQUIVALENT) BUTTON AND
YOU MUST NOT USE THE SOFTWARE ON THIS SITE OR ANY OTHER MEDIA ON WHICH THE
SOFTWARE IS CONTAINED.
1. DEFINITIONS. "Software" means the Java SE Platform Products in binary
form that you selected for download, install or use from Oracle or its
authorized licensees, any other machine readable materials (including, but
not limited to, libraries, source files, header files, and data
files), any updates or error corrections provided by Oracle, and any user
manuals, programming guides and other documentation provided to you by
Oracle under this Agreement. "General Purpose Desktop Computers and
Servers" means computers, including desktop and laptop computers, or
servers, used for general computing functions under end user control
(such as but not specifically limited to email, general purpose Internet
browsing, and office suite productivity tools). The use of Software in
systems and solutions that provide dedicated functionality (other than as
mentioned above) or designed for use in embedded or function-specific
software applications, for example but not limited to: Software embedded
in or bundled with industrial control systems, wireless mobile telephones,
wireless handheld devices, netbooks, kiosks, TV/STB, Blu-ray Disc devices,
telematics and network control switching equipment, printers and storage
management systems, and other related systems are excluded from this
definition and not licensed under this Agreement. "Programs" means Java
technology applets and applications intended to run on the Java Platform,
Standard Edition platform on Java-enabled General Purpose Desktop
Computers and Servers. "Commercial Features" means those features
identified in Table 1-1 (Commercial Features In Java SE Product Editions)
of the Software documentation accessible at
http://www.oracle.com/technetwork/java/javase/documentation/index.html.
"README File" means the README file for the Software accessible at
http://www.oracle.com/technetwork/java/javase/terms/readme/index.html.
2. LICENSE TO USE. Subject to the terms and conditions of this
Agreement including, but not limited to, the Java Technology
Restrictions of the Supplemental License Terms, Oracle grants you a
non-exclusive, non-transferable, limited license without license fees to
reproduce and use internally the Software complete and unmodified for the
sole purpose of running Programs. THE LICENSE SET FORTH IN THIS SECTION
2 DOES NOT EXTEND TO THE COMMERCIAL FEATURES. YOUR RIGHTS AND OBLIGATIONS
RELATED TO THE COMMERCIAL FEATURES ARE AS SET FORTH IN THE SUPPLEMENTAL
TERMS ALONG WITH ADDITIONAL LICENSES FOR DEVELOPERS AND PUBLISHERS.
3. RESTRICTIONS. Software is copyrighted. Title to Software and all
associated intellectual property rights is retained by Oracle and/or its
licensors. Unless enforcement is prohibited by applicable law, you may
not modify, decompile, or reverse engineer Software. You acknowledge that
the Software is developed for general use in a variety of information
management applications; it is not developed or intended for use in any
inherently dangerous applications, including applications that may create
a risk of personal injury. If you use the Software in dangerous
applications, then you shall be responsible to take all appropriate
fail-safe, backup, redundancy, and other measures to ensure its safe use.
Oracle 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 Oracle or its licensors is granted under this
Agreement. Additional restrictions for developers and/or publishers
licenses are set forth in the Supplemental License Terms.
4. DISCLAIMER OF WARRANTY. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND. ORACLE FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS
AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
5. LIMITATION OF LIABILITY. IN NO EVENT SHALL ORACLE BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR
DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR
ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF ORACLE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ORACLE'S ENTIRE
LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED ONE THOUSAND
DOLLARS (U.S. $1,000).
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
Oracle if you fail to comply with any provision of this Agreement.
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. Upon
termination, you must destroy all copies of Software.
7. EXPORT REGULATIONS. You agree that U.S. export control laws and
other applicable export and import laws govern your use of the Software,
including technical data; additional information can be found on Oracle's
Global Trade Compliance web site (http://www.oracle.com/products/export).
You agree that neither the Software nor any direct product thereof will be
exported, directly, or indirectly, in violation of these laws, or will be
used for any purpose prohibited by these laws including, without
limitation, nuclear, chemical, or biological weapons proliferation.
8. TRADEMARKS AND LOGOS. You acknowledge and agree as between you
and Oracle that Oracle owns the ORACLE and JAVA trademarks and all ORACLE-
and JAVA-related trademarks, service marks, logos and other brand
designations ("Oracle Marks"), and you agree to comply with the Third
Party Usage Guidelines for Oracle Trademarks currently located at
http://www.oracle.com/us/legal/third-party-trademarks/index.html. Any use
you make of the Oracle Marks inures to Oracle's benefit.
9. U.S. GOVERNMENT LICENSE 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 shall be only those set forth in this
Agreement.
10. GOVERNING LAW. This agreement is governed by the substantive and
procedural laws of California. You and Oracle agree to submit to the
exclusive jurisdiction of, and venue in, the courts of San Francisco, or
Santa Clara counties in California in any dispute arising out of or
relating to this agreement.
11. 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.
12. INTEGRATION. This Agreement is the entire agreement between you and
Oracle 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.
SUPPLEMENTAL LICENSE TERMS
These Supplemental License Terms add to or modify the terms of the
Binary Code License Agreement. Capitalized terms not defined in these
Supplemental Terms shall have the same meanings ascribed to them in the
Binary Code License Agreement. These Supplemental Terms shall supersede
any inconsistent or conflicting terms in the Binary Code License
Agreement, or in any license contained within the Software.
A. COMMERCIAL FEATURES. You may not use the Commercial Features for
running Programs, Java applets or applications in your internal business
operations or for any commercial or production purpose, or for any
purpose other than as set forth in Sections B, C, D and E of these
Supplemental Terms. If You want to use the Commercial Features for any
purpose other than as permitted in this Agreement, You must obtain a
separate license from Oracle.
B. SOFTWARE INTERNAL USE FOR DEVELOPMENT LICENSE GRANT. Subject to the
terms and conditions of this Agreement and restrictions and exceptions set
forth in the README File incorporated herein by reference, including, but
not limited to the Java Technology Restrictions of these Supplemental
Terms, Oracle grants you a non-exclusive, non-transferable, limited
license without fees to reproduce internally and use internally the
Software complete and unmodified for the purpose of designing, developing,
and testing your Programs.
C. LICENSE TO DISTRIBUTE SOFTWARE. Subject to the terms and conditions
of this Agreement and restrictions and exceptions set forth in the
README File, including, but not limited to the Java Technology
Restrictions of these Supplemental Terms, Oracle 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 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,
(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: (a) is a complete, unmodified reproduction of
this Agreement; or (b) protects Oracle's interests consistent with the
terms contained in this Agreement and that includes the notice set forth
in Section G, and (vi) you agree to defend and indemnify Oracle 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.
D. LICENSE TO DISTRIBUTE REDISTRIBUTABLES. Subject to the terms and
conditions of this Agreement and restrictions and exceptions set forth in
the README File, including but not limited to the Java Technology
Restrictions of these Supplemental Terms, Oracle grants you a
non-exclusive, non-transferable, limited license without fees to
reproduce and distribute those files specifically identified as
redistributable in the README File ("Redistributables") provided that:
(i) you distribute the Redistributables complete and unmodified, and only
bundled as part of Programs, (ii) the Programs add significant and primary
functionality to the Redistributables, (iii) you do not distribute
additional software intended to supersede any component(s) of the
Redistributables (unless otherwise specified in the applicable README
File), (iv) you do not remove or alter any proprietary legends or notices
contained in or on the Redistributables, (v) you only distribute the
Redistributables pursuant to a license agreement that: (a) is a complete,
unmodified reproduction of this Agreement; or (b) protects Oracle's
interests consistent with the terms contained in the Agreement and
includes the notice set forth in Section G, (vi) you agree to defend and
indemnify Oracle 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.
E. DISTRIBUTION BY PUBLISHERS. This section pertains to your
distribution of the JavaTM SE Development Kit 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, Oracle 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 Oracle web
site; (iii) You must refer to the Software as JavaTM SE Development Kit;
(iv) The Software must be reproduced in its entirety and without any
modification whatsoever (including with respect to all proprietary
notices) and distributed with your Publication subject to a license
agreement that is a complete, unmodified reproduction of this Agreement;
(v) The Media label shall include the following information: Copyright
2011, Oracle America, Inc. All rights reserved. Use is subject to
license terms. ORACLE and JAVA trademarks and all ORACLE- and
JAVA-related trademarks, service marks, logos and other brand
designations are trademarks or registered trademarks of Oracle 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 Oracle Software; (vi) You
must clearly identify the Software as Oracle's product on the Media
holder or Media label, and you may not state or imply that Oracle 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 agree to
defend and indemnify Oracle 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 the Software and/or the Publication; ; and (ix) You
shall provide Oracle 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 Oracle America, Inc., 500 Oracle Parkway,
Redwood Shores, California 94065 U.S.A , Attention: General Counsel.
F. JAVA TECHNOLOGY RESTRICTIONS. You may not create, modify, or change
the behavior of, or authorize your licensees to create, modify, or change
the behavior of, classes, interfaces, or subpackages that are in any way
identified as "java", "javax", "sun", "oracle" or similar convention
as specified by Oracle in any naming convention designation.
G. COMMERCIAL FEATURES NOTICE. For purpose of complying with
Supplemental Term Section C.(v)(b) and D.(v)(b), your license agreement
shall include the following notice, where the notice is displayed in a
manner that anyone using the Software will see the notice:
Use of the Commercial Features for any commercial or production purpose
requires a separate license from Oracle. "Commercial Features" means
those features identified Table 1-1 (Commercial Features In Java SE
Product Editions) of the Software documentation accessible at
http://www.oracle.com/technetwork/java/javase/documentation/index.html
H. SOURCE CODE. Software may contain source code that, unless
expressly licensed for other purposes, 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.
I. THIRD PARTY CODE. Additional copyright notices and license terms
applicable to portions of the Software are set forth in the
THIRDPARTYLICENSEREADME file accessible at
http://www.oracle.com/technetwork/java/javase/documentation/index.html.
In addition to any terms and conditions of any third party
opensource/freeware license identified in the THIRDPARTYLICENSEREADME
file, the disclaimer of warranty and limitation of liability provisions
in paragraphs 4 and 5 of the Binary Code License Agreement shall apply to
all Software in this distribution.
J. 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.
K. INSTALLATION AND AUTO-UPDATE. The Software's installation and
auto-update processes transmit a limited amount of data to Oracle (or its
service provider) about those specific processes to help Oracle
understand and optimize them. Oracle does not associate the data with
personally identifiable information. You can find more information
about the data Oracle collects as a result of your Software download at
http://www.oracle.com/technetwork/java/javase/documentation/index.html.
For inquiries please contact: Oracle America, Inc., 500 Oracle Parkway,
Redwood Shores, California 94065, USA.
Last updated May 17, 2011