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241 lines
10 KiB
241 lines
10 KiB
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Sun Microsystems, Inc.
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Binary Code License Agreement
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READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED
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SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY
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"AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE
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MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA
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PACKAGE, YOU AGREE TO THE TERMS OF THIS
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AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE
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ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE
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TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END
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OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL
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THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE
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TO YOUR PLACE OF PURCHASE FOR A REFUND OR, IF THE
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SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE
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"DECLINE" BUTTON AT THE END OF THIS AGREEMENT.
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1. LICENSE TO USE. Sun grants you a
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non-exclusive and non-transferable license for the
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internal use only of the accompanying software and
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documentation and any error corrections provided
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by Sun (collectively "Software"), by the number of
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users and the class of computer hardware for which
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the corresponding fee has been paid.
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2. RESTRICTIONS. Software is confidential and
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copyrighted. Title to Software and all associated
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intellectual property rights is retained by Sun
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and/or its licensors. Except as specifically
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authorized in any Supplemental License Terms, you
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may not make copies of Software, other than a
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single copy of Software for archival purposes.
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Unless enforcement is prohibited by applicable
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law, you may not modify, decompile, or reverse
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engineer Software. You acknowledge that Software
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is not designed, licensed or intended for use in
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the design, construction, operation or maintenance
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of any nuclear facility. Sun disclaims any
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express or implied warranty of fitness for such
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uses. No right, title or interest in or to any
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trademark, service mark, logo or trade name of Sun
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or its licensors is granted under this Agreement.
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3. LIMITED WARRANTY. Sun warrants to you that for
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a period of ninety (90) days from the date of
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purchase, as evidenced by a copy of the receipt,
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the media on which Software is furnished (if any)
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will be free of defects in materials and
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workmanship under normal use. Except for the
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foregoing, Software is provided "AS IS". Your
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exclusive remedy and Sun's entire liability under
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this limited warranty will be at Sun's option to
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replace Software media or refund the fee paid for
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Software.
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4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN
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THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,
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REPRESENTATIONS AND WARRANTIES, INCLUDING ANY
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IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
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PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE
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DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE
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DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
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5. LIMITATION OF LIABILITY. TO THE EXTENT NOT
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PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS
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LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT
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OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL,
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INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED
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REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT
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OF OR RELATED TO THE USE OF OR INABILITY TO USE
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SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE
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POSSIBILITY OF SUCH DAMAGES. In no event will
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Sun's liability to you, whether in contract, tort
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(including negligence), or otherwise, exceed the
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amount paid by you for Software under this
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Agreement. The foregoing limitations will apply
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even if the above stated warranty fails of its
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essential purpose.
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6. Termination. This Agreement is effective
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until terminated. You may terminate this
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Agreement at any time by destroying all copies of
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Software. This Agreement will terminate
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immediately without notice from Sun if you fail to
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comply with any provision of this Agreement. Upon
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Termination, you must destroy all copies of
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Software.
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7. Export Regulations. All Software and technical
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data delivered under this Agreement are subject to
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US export control laws and may be subject to
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export or import regulations in other countries.
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You agree to comply strictly with all such laws
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and regulations and acknowledge that you have the
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responsibility to obtain such licenses to export,
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re-export, or import as may be required after
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delivery to you.
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8. U.S. Government Restricted Rights. If
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Software is being acquired by or on behalf of the
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U.S. Government or by a U.S. Government prime
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contractor or subcontractor (at any tier), then
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the Government's rights in Software and
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accompanying documentation will be only as set
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forth in this Agreement; this is in accordance
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with 48 CFR 227.7201 through 227.7202-4 (for
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Department of Defense (DOD) acquisitions) and with
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48 CFR 2.101 and 12.212 (for non-DOD
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acquisitions).
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9. Governing Law. Any action related to this
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Agreement will be governed by California law and
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controlling U.S. federal law. No choice of law
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rules of any jurisdiction will apply.
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10. Severability. If any provision of this
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Agreement is held to be unenforceable, this
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Agreement will remain in effect with the provision
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omitted, unless omission would frustrate the
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intent of the parties, in which case this
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Agreement will immediately terminate.
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11. Integration. This Agreement is the entire
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agreement between you and Sun relating to its
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subject matter. It supersedes all prior or
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contemporaneous oral or written communications,
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proposals, representations and warranties and
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prevails over any conflicting or additional terms
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of any quote, order, acknowledgment, or other
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communication between the parties relating to its
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subject matter during the term of this Agreement.
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No modification of this Agreement will be binding,
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unless in writing and signed by an authorized
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representative of each party.
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JAVA(TM) INTERFACE CLASSES
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JAVA MESSAGE SERVICE (JMS), VERSION 1.1
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SUPPLEMENTAL LICENSE TERMS
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These supplemental license terms ("Supplemental
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Terms") add to or modify the terms of the Binary
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Code License Agreement (collectively, the
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"Agreement"). Capitalized terms not defined in
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these Supplemental Terms shall have the same
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meanings ascribed to them in the Agreement. These
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Supplemental Terms shall supersede any
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inconsistent or conflicting terms in the
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Agreement, or in any license contained within the
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Software.
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1. Software Internal Use and Development License
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Grant. Subject to the terms and conditions of this
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Agreement, including, but not limited to Section 3
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(Java Technology Restrictions) of these
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Supplemental Terms, Sun grants you a
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non-exclusive, non-transferable, limited license
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to reproduce internally and use internally the
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binary form of the Software, complete and
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unmodified, for the sole purpose of designing,
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developing and testing your Java applets and
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applications ("Programs").
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2. License to Distribute Software. In addition to
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the license granted in Section 1 (Software
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Internal Use and Development License Grant) of
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these Supplemental Terms, subject to the terms and
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conditions of this Agreement, including but not
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limited to Section 3 (Java Technology
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Restrictions), Sun grants you a non-exclusive,
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non-transferable, limited license to reproduce and
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distribute the Software in binary form only,
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provided that you (i) distribute the Software
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complete and unmodified and only bundled as part
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of your Programs, (ii) do not distribute
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additional software intended to replace any
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component(s) of the Software, (iii) do not remove
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or alter any proprietary legends or notices
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contained in the Software, (iv) only distribute
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the Software subject to a license agreement that
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protects Sun's interests consistent with the terms
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contained in this Agreement, and (v) agree to
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defend and indemnify Sun and its licensors from
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and against any damages, costs, liabilities,
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settlement amounts and/or expenses (including
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attorneys' fees) incurred in connection with any
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claim, lawsuit or action by any third party that
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arises or results from the use or distribution of
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any and all Programs and/or Software.
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3. Java Technology Restrictions. You may not
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modify the Java Platform Interface ("JPI",
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identified as classes contained within the "java"
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package or any subpackages of the "java" package),
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by creating additional classes within the JPI or
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otherwise causing the addition to or modification
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of the classes in the JPI. In the event that you
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create an additional class and associated API(s)
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which (i) extends the functionality of the Java
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Platform, and (ii) is exposed to third party
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software developers for the purpose of developing
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additional software which invokes such additional
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API, you must promptly publish broadly an accurate
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specification for such API for free use by all
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developers. You may not create, or authorize your
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licensees to create additional classes,
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interfaces, or subpackages that are in any way
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identified as "java", "javax", "sun" or similar
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convention as specified by Sun in any naming
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convention designation.
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4. Trademarks and Logos. You acknowledge and agree
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as between you and Sun that Sun owns the SUN,
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SOLARIS, JAVA, JINI, FORTE, STAROFFICE, STARPORTAL
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and iPLANET trademarks and all SUN, SOLARIS, JAVA,
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JINI, FORTE, STAROFFICE, STARPORTAL and
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iPLANET-related trademarks, service marks, logos
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and other brand designations ("Sun Marks"), and
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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
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you make of the Sun Marks inures to Sun's benefit.
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5. Source Code. Software may contain source code
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that is provided solely for reference purposes
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pursuant to the terms of this Agreement. Source
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code may not be redistributed unless expressly
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provided for in this Agreement.
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6. Termination for Infringement. Either party may
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terminate this Agreement immediately should any
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Software become, or in either party's opinion be
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likely to become, the subject of a claim of
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infringement of any intellectual property right.
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For inquiries please contact: Sun Microsystems,
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Inc. 901 San Antonio Road, Palo Alto, California
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94303
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(LFI#111755/Form ID#011801)
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