171 lines
8.1 KiB
Text
171 lines
8.1 KiB
Text
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
|
|
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.
|
|
|
|
For inquiries please contact:
|
|
Sun Microsystems, Inc.
|
|
4150 Network Circle
|
|
Santa Clara, California 95054.
|
|
|
|
|
|
DEVELOPMENT TOOLS
|
|
|
|
JVMSTAT 3.0
|
|
|
|
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 Binary Code License Agreement, or in any
|
|
license contained within the Software.
|
|
|
|
A. Software Internal Use and Development License Grant.
|
|
Subject to the terms and conditions of this Agreement, including,
|
|
but not limited to Section B (Java Technology Restrictions) of these
|
|
Supplemental Terms, Sun grants you a non-exclusive, non-transferable,
|
|
limited license 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").
|
|
|
|
B. 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" or similar convention as specified by Sun in any naming
|
|
convention designation.
|
|
|
|
C. 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.
|
|
|
|
D. 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.
|
|
|
|
E. 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#143715/Form ID#011801)
|