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Sun Microsystems, Inc. (“Sun”)
SOFTWARE LICENSE AGREEMENT
READ THE TERMS OF THIS AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE OPENING
SOFTWARE MEDIA PACKAGE. BY OPENING SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE
TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING SOFTWARE ELECTRONICALLY,
INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE “ACCEPT” (OR
EQUIVALENT) BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL
OF THE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE
FOR A REFUND OR, IF SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE
“DECLINE” (OR EQUIVALENT) BUTTON AT THE END OF THIS AGREEMENT. IF YOU HAVE
SEPARATELY AGREED TO LICENSE TERMS (“MASTER TERMS”) FOR YOUR LICENSE TO THIS
SOFTWARE, THEN SECTIONS 1-6 OF THIS AGREEMENT (“SUPPLEMENTAL LICENSE TERMS”)
SHALL SUPPLEMENT AND SUPERSEDE THE MASTER TERMS IN RELATION TO THIS
SOFTWARE.
1. Definitions.
(a) “Entitlement” means the collective set of applicable documents
authorized by Sun evidencing your obligation to pay associated fees
(if any) for the license, associated Services, and the authorized
scope of use of Software under this Agreement.
(b) “Licensed Unit” means the unit of measure by which your use of
Software and/or Service is licensed, as described in your Entitlement.
(c) “Permitted Use” means the licensed Software use(s) authorized in this
Agreement as specified in your Entitlement. The Permitted Use for any
bundled Sun software not specified in your Entitlement will be
evaluation use as provided in Section 3.
(d) “Service” means the service(s) that Sun or its delegate will provide,
if any, as selected in your Entitlement and as further described in
the applicable service listings at www.sun.com/service/servicelist.
(e) “Software” means the Sun software described in your Entitlement.
Also, certain software may be included for evaluation use under
Section 3.
(f) “You” and “Your” means the individual or legal entity specified in
the Entitlement, or for evaluation purposes, the entity performing
the evaluation.
2. License Grant and Entitlement.
Subject to the terms of your Entitlement, Sun grants you a nonexclusive,
nontransferable limited license to use Software for its Permitted Use for
the license term. Your Entitlement will specify (a) Software licensed,
(b) the Permitted Use, (c) the license term, and (d) the Licensed Units.
Additionally, if your Entitlement includes Services, then it will also
specify the (e) Service and (f) service term.
If your rights to Software or Services are limited in duration and the
date such rights begin is other than the purchase date, your Entitlement
will provide that beginning date(s).
The Entitlement may be delivered to you in various ways depending on the
manner in which you obtain Software and Services, for example, the
Entitlement may be provided in your receipt, invoice or your contract
with Sun or authorized Sun reseller. It may also be in electronic format
if you download Software.
3. Permitted Use.
As selected in your Entitlement, one or more of the following Permitted
Uses will apply to your use of Software. Unless you have an Entitlement
that expressly permits it, you may not use Software for any of the other
Permitted Uses. If you don't have an Entitlement, or if your Entitlement
doesn’t cover additional software delivered to you, then such software is
for your Evaluation Use.
(a) Evaluation Use. You may evaluate Software internally for a period of
90 days from your first use.
(b) Research and Instructional Use. You may use Software internally to
design, develop and test, and also to provide instruction on such
uses.
(c) Individual Use. You may use Software internally for personal,
individual use.
(d) Commercial Use. You may use Software internally for your own
commercial purposes.
(e) Service Provider Use. You may make Software functionality accessible
(but not by providing Software itself or through outsourcing
services) to your end users in an extranet deployment, but not to
your affiliated companies or to government agencies.
4. Licensed Units.
Your Permitted Use is limited to the number of Licensed Units stated in
your Entitlement. If you require additional Licensed Units, you will need
additional Entitlement(s).
5. Restrictions.
(a) The copies of Software provided to you under this Agreement are
licensed, not sold, to you by Sun. Sun reserves all rights not expressly
granted. (b) You may make a single archival copy of Software, but
otherwise may not copy, modify, or distribute Software. However if the
Sun documentation accompanying Software lists specific portions of
Software, such as header files, class libraries, reference source code,
and/or redistributable files, that may be handled differently, you may do
so only as provided in the Sun documentation. (c) You may not rent,
lease, lend or encumber Software. (d) Unless enforcement is prohibited by
applicable law, you may not decompile, or reverse engineer Software. (e)
The terms and conditions of this Agreement will apply to any Software
updates, provided to you at Sun’s discretion, that replace and/or
supplement the original Software, unless such update contains a separate
license. (f) You may not publish or provide the results of any benchmark
or comparison tests run on Software to any third party without the prior
written consent of Sun. (g) Software is confidential and
copyrighted. (h) Unless otherwise specified, if Software is delivered
with embedded or bundled software that enables functionality of Software,
you may not use such software on a stand-alone basis or use any portion
of such software to interoperate with any program(s) other than
Software. (i) Software may contain programs that perform automated
collection of system data and/or automated software updating
services. System data collected through such programs may be used by Sun,
its subcontractors, and its service delivery partners for the purpose of
providing you with remote system services and/or improving Sun’s software
and systems. (j) Software is not designed, licensed or intended for use
in the design, construction, operation or maintenance of any nuclear
facility and Sun and its licensors disclaim any express or implied
warranty of fitness for such uses. (k) 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.
6. Java Compatibility and Open Source.
Software may contain Java technology. You may not create additional
classes to, or modifications of, the Java technology, except under
compatibility requirements available under a separate agreement
available at www.java.net.
Sun supports and benefits from the global community of open source
developers, and thanks the community for its important contributions and
open standards-based technology, which Sun has adopted into many of its
products.
Please note that portions of Software may be provided with notices and
open source licenses from such communities and third parties that govern
the use of those portions, and any licenses granted hereunder do not
alter any rights and obligations you may have under such open source
licenses, however, the disclaimer of warranty and limitation of
liability provisions in this Agreement will apply to all Software in
this distribution.
7. Term and Termination.
The license and service term are set forth in your Entitlement(s). Your
rights under this Agreement will terminate immediately without notice
from Sun if you materially breach it or take any action in derogation of
Sun’s and/or its licensors’ rights to Software. Sun may terminate this
Agreement should any Software become, or in Sun's reasonable opinion
likely to become, the subject of a claim of intellectual property
infringement or trade secret misappropriation. Upon termination, you
will cease use of, and destroy, Software and confirm compliance in
writing to Sun. Sections 1, 5, 6, 7, and 9-15 will survive termination
of the Agreement.
8. Limited Warranty.
Sun warrants to you that for a period of 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. Some states do not allow
limitations on certain implied warranties, so the above may not apply to
you. This limited warranty gives you specific legal rights. You may have
others, which vary from state to state.
9. 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.
10. 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. Some states do not allow the
exclusion of incidental or consequential damages, so some of the terms
above may not be applicable to you.
11. Export Regulations.
All Software, documents, technical data, and any other materials
delivered under this Agreement are subject to U.S. export control laws
and may be subject to export or import regulations in other
countries. You agree to comply strictly with these laws and regulations
and acknowledge that you have the responsibility to obtain any licenses
to export, re-export, or import as may be required after delivery to
you.
12. 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).
13. 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.
14. 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.
15. Integration.
This Agreement, including any terms contained in your Entitlement, 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.
Please contact Sun Microsystems, Inc. 4150 Network Circle, Santa Clara,
California 95054 if you have questions.
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