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172 lines
8.1 KiB
172 lines
8.1 KiB
Sun Microsystems, Inc.
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Binary Code License Agreement
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READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE
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TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE
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MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO
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THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE
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ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING
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THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE
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TO ALL THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE
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OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED
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ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THIS
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AGREEMENT.
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1. LICENSE TO USE.
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Sun grants you a non-exclusive and non-transferable license for the
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internal use only of the accompanying software and documentation and
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any error corrections provided by Sun (collectively "Software"), by
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the number of users and the class of computer hardware for which the
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corresponding fee has been paid.
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2. RESTRICTIONS.
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Software is confidential and copyrighted. Title to Software and all
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associated intellectual property rights is retained by Sun and/or
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its licensors. Except as specifically authorized in any
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Supplemental License Terms, you may not make copies of Software,
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other than a single copy of Software for archival purposes. Unless
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enforcement is prohibited by applicable law, you may not modify,
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decompile, or reverse engineer Software. Licensee acknowledges that
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Software is not designed or intended for use in the design,
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construction, operation or maintenance of any nuclear facility. Sun
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Microsystems, Inc. disclaims any express or implied warranty of
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fitness for such uses. No right, title or interest in or to any
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trademark, service mark, logo or trade name of Sun or its licensors
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is granted under this Agreement.
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3. LIMITED WARRANTY.
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Sun warrants to you that for a period of ninety (90) days from the
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date of purchase, as evidenced by a copy of the receipt, the media on
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which Software is furnished (if any) will be free of defects in
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materials and workmanship under normal use. Except for the foregoing,
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Software is provided "AS IS". Your exclusive remedy and Sun's entire
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liability under this limited warranty will be at Sun's option to
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replace Software media or refund the fee paid for Software.
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4. DISCLAIMER OF WARRANTY.
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UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,
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REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF
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MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
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NON-INFRINGEMENT ARE 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.
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TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS
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LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR
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SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES,
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HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF
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OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN
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HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event
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will Sun's liability to you, whether in contract, tort (including
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negligence), or otherwise, exceed the amount paid by you for
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Software under this Agreement. The foregoing limitations will apply
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even if the above stated warranty fails of its essential purpose.
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6. Termination.
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This Agreement is effective until terminated. You may terminate this
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Agreement at any time by destroying all copies of Software. This
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Agreement will terminate immediately without notice from Sun if you
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fail to comply with any provision of this Agreement. Upon
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Termination, you must destroy all copies of Software.
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7. Export Regulations.
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All Software and technical data delivered under this Agreement are
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subject to US export control laws and may be subject to export or
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import regulations in other countries. You agree to comply strictly
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with all such laws and regulations and acknowledge that you have the
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responsibility to obtain such licenses to export, re-export, or
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import as may be required after delivery to you.
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8. U.S. Government Restricted Rights.
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If Software is being acquired by or on behalf of the U.S. Government
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or by a U.S. Government prime contractor or subcontractor (at any
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tier), then the Government's rights in Software and accompanying
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documentation will be only as set forth in this Agreement; this is
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in accordance with 48 CFR 227.7201 through 227.7202-4 (for
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Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and
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12.212 (for non-DOD acquisitions).
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9. Governing Law.
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Any action related to this Agreement will be governed by California
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law and controlling U.S. federal law. No choice of law rules of any
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jurisdiction will apply.
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10. Severability.
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If any provision of this Agreement is held to be unenforceable, this
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Agreement will remain in effect with the provision omitted, unless
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omission would frustrate the intent of the parties, in which case
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this Agreement will immediately terminate.
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11. Integration.
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This Agreement is the entire agreement between you
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and Sun relating to its subject matter. It supersedes all prior
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or contemporaneous oral or written communications, proposals,
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representations and warranties and prevails over any conflicting
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or additional terms of any quote, order, acknowledgment, or other
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communication between the parties relating to its subject matter
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during the term of this Agreement. No modification of this
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Agreement will be binding, unless in writing and signed by an
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authorized representative of each party.
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For inquiries please contact:
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Sun Microsystems, Inc.
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4150 Network Circle
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Santa Clara, California 95054.
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DEVELOPMENT TOOLS
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JVMSTAT 3.0
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SUPPLEMENTAL LICENSE TERMS
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These supplemental license terms ("Supplemental Terms") add to or
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modify the terms of the Binary Code License Agreement (collectively,
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the "Agreement"). Capitalized terms not defined in these Supplemental
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Terms shall have the same meanings ascribed to them in the
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Agreement. These Supplemental Terms shall supersede any inconsistent
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or conflicting terms in the Binary Code License Agreement, or in any
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license contained within the Software.
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A. Software Internal Use and Development License Grant.
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Subject to the terms and conditions of this Agreement, including,
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but not limited to Section B (Java Technology Restrictions) of these
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Supplemental Terms, Sun grants you a non-exclusive, non-transferable,
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limited license to reproduce internally and use internally the binary
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form of the Software complete and unmodified for the sole purpose of
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designing, developing and testing your Java applets and applications
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intended to run on the Java platform ("Programs").
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B. Java Technology Restrictions.
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You may not create, modify, or change the behavior of, or authorize your
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licensees to create, modify, or change the behavior of, classes,
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interfaces, or subpackages that are in any way identified as "java",
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"javax", "sun" or similar convention as specified by Sun in any naming
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convention designation.
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C. Trademarks and Logos.
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You acknowledge and agree as between you and Sun that Sun owns the
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SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET trademarks and all SUN,
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SOLARIS, JAVA, JINI, FORTE, and iPLANET-related trademarks, service
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marks, logos and other brand designations ("Sun Marks"), and you agree
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to comply with the Sun Trademark and Logo Usage Requirements currently
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located at http://www.sun.com/policies/trademarks. Any use you make of
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the Sun Marks inures to Sun's benefit.
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D. Source Code.
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Software may contain source code that is provided solely for reference
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purposes pursuant to the terms of this Agreement. Source code may not
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be redistributed unless expressly provided for in this Agreement.
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E. Termination for Infringement.
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Either party may terminate this Agreement immediately should any
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Software become, or in either party's opinion be likely to become, the
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subject of a claim of infringement of any intellectual property right.
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For inquiries please contact:
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Sun Microsystems, Inc.
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4150 Network Circle, Santa Clara
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California 95054
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(LFI#143715/Form ID#011801)
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