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- 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)