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.
206 lines
9.4 KiB
206 lines
9.4 KiB
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. You acknowledge that Software is not designed,
|
|
licensed or intended for use in the design, construction,
|
|
operation or maintenance of any nuclear facility. Sun
|
|
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.
|
|
|
|
Java(TM) 2, Enterprise Edition (J2EE),
|
|
Version 1.3.x, Reference Implementation
|
|
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 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 4 (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 ("Programs"), provided that you do not
|
|
redistribute the Software in whole or in part, either
|
|
separately or included with any Programs.
|
|
|
|
2. 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.
|
|
|
|
3. Verifier Restrictions. The Software contains application
|
|
testing software components ("Verifier") for your
|
|
convenience. However, you may not use the Sun tagline
|
|
"J2EE(TM) Verified" or similar phrase designated by Sun to
|
|
indicate a Program's satisfaction of the J2EE Application
|
|
Verification Criteria ("Verification Tagline") based on the
|
|
use of the Software or Verifier under this Agreement. To
|
|
obtain the right to use a Verification Tagline, you must
|
|
license the J2EE Application Verification Kit from Sun, pay
|
|
applicable fees, and execute a separate trademark license
|
|
for the Verification Tagline.
|
|
|
|
4. Java Runtime Availability. Refer to the appropriate
|
|
version of the Java Runtime Environment binary code license
|
|
(currently located at
|
|
http://www.java.sun.com/jdk/index.html) for the
|
|
availability of runtime code which may be distributed with
|
|
Programs.
|
|
|
|
5. 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.
|
|
|
|
6. 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.
|
|
|
|
7. 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. 901
|
|
San Antonio Road, Palo Alto, California 94303
|
|
(LFI#109549/Form ID#011801)
|