path: root/licenses/sun-bcla-sos

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.

SUNTM ONE STUDIO 4 UPDATE 1, COMMUNITY EDITION

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 applets and
applications ("Programs").  To the extent that you are
designing, developing and testing Java applets and
applications for a particular version of the Java platform,
any executable output generated by a compiler that is
contained in the Software must (a) only be compiled from
source code that conforms to the corresponding version of
the OEM Java Language Specification; (b) be in the class
file format defined by the corresponding version of the OEM
Java Virtual Machine Specification; and (c) execute properly
on a reference runtime, as specified by Sun, associated with
such version of the Java platform.

2.  License to Distribute Software.  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 and
distribute the Software in binary code form only, provided
that (i) you distribute the Software complete and
unmodified, (ii) you do not distribute additional software
intended to replace any component(s) of the Software, (iii)
if you are distributing Java applets and applications for a
particular version of the Java platform, any executable
output generated by a compiler that is contained in the
Software must (a) only be compiled from source code that
conforms to the corresponding version of the OEM Java
Language Specification; (b) be in the class file format
defined by the corresponding version of the OEM Java Virtual
Machine Specification; and (c) execute properly on a
reference runtime, as specified by Sun, associated with such
version of the Java platform, (iv) you do not remove or
alter any proprietary legends or notices contained in the
Software, (v) you only distribute the Software subject to a
license agreement that protects Sun's interests consistent
with the terms contained in this Agreement, and (vi) you
agree to defend and indemnify Sun and its licensors from and
against any damages, costs, liabilities, settlement amounts
and/or expenses (including attorneys' fees) incurred in
connection with any claim, lawsuit or action by any third
party that arises or results from the use or distribution of
any and all Programs and/or Software.

3.  License to Distribute Redistributables.  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 and
distribute the binary form of those files specifically
identified as redistributable in the Software "RELEASE
NOTES" file ("Redistributables") provided that:  (i) you
distribute the Redistributables complete and unmodified
(unless otherwise specified in the applicable RELEASE NOTES
file), and only bundled as part of Programs, (ii) you do not
distribute additional software intended to supersede any
component(s) of the Redistributables, (iii) you do not
remove or alter any proprietary legends or notices contained
in or on the Redistributables, (iv) if you are distributing
Java applets and applications for a particular version of
the Java platform, any executable output generated by a
compiler that is contained in the Software must (a) only be
compiled from source code that conforms to the corresponding
version of the OEM Java Language Specification; (b) be in
the class file format defined by the corresponding version
of the OEM Java Virtual Machine Specification; and (c)
execute properly on a reference runtime, as specified by
Sun, associated with such version of the Java platform, (v)
you only distribute the Redistributables pursuant to a
license agreement that protects Sun's interests consistent
with the terms contained in the Agreement, and (v) you agree
to defend and indemnify Sun and its licensors from and
against any damages, costs, liabilities, settlement amounts
and/or expenses (including attorneys' fees) incurred in
connection with any claim, lawsuit or action by any third
party that arises or results from the use or distribution of
any and all Programs and/or Software.

4.  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.

5.  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 Java applets
and applications.

6.  Distribution by Publishers.  This section pertains to
your distribution of the Software with your printed book or
magazine (as those terms are commonly used in the industry)
relating to Java technology ("Publication").  Subject to and
conditioned upon your compliance with the restrictions and
obligations contained in the Agreement, in addition to the
license granted in Paragraph 1 above, Sun hereby grants to
you a non-exclusive, nontransferable limited right to
reproduce complete and unmodified copies of the Software on
electronic media (the "Media") for the sole purpose of
inclusion and distribution with your Publication(s), subject
to the following terms:  (i) you may not distribute the
Software on a stand-alone basis; it must be distributed with
your Publication(s); (ii) you are responsible for
downloading the Software from the applicable Sun web site;
(iii) you must refer to the Software as Sun ONE Studio 4,
Community Edition; (iv) the Software must be reproduced in
its entirety and without any modification whatsoever
(including, without limitation, the Binary Code License and
Supplemental License Terms accompanying the Software and
proprietary rights notices contained in the Software); (v)
the Media label shall include the following information:
Copyright 2002, Sun Microsystems, Inc., 4150 Network Circle,
Santa Clara, CA 95054.  Java and SUN One and all trademarks
and logos based on Java and SUN One are trademarks or
registered trademarks of Sun Microsystems, Inc.  in the U.S.
and other countries.  This information must be placed on the
Media label in such a manner as to only apply to the Sun
Software; (vi) you must clearly identify the Software as
Sun's product on the Media holder or Media label, and you
may not state or imply that Sun is responsible for any
third-party software contained on the Media; (vii) you may
not include any third party software on the Media which is
intended to be a replacement or substitute for the Software
or which directly competes with the Software; (viii) you
shall indemnify Sun for all damages arising from your
failure to comply with the requirements of this Agreement.
In addition, you shall defend, at your expense, any and all
claims brought against Sun by third parties, and shall pay
all damages awarded by a court of competent jurisdiction, or
such settlement amount negotiated by you, arising out of or
in connection with your use, reproduction or distribution of
the Software and/or the Publication.  Your obligation to
provide indemnification under this section shall arise
provided that Sun:  (i) provides you prompt notice of the
claim; (ii) gives you sole control of the defense and
settlement of the claim; (iii) provides you, at your
expense, with all available information, assistance and
authority to defend; and (iv) has not compromised or settled
such claim without your prior written consent; (ix) you
shall provide Sun with a written notice for each
Publication; such notice shall include the following
information:  (1) title of Publication, (2) author(s), (3)
date of Publication, and (4) ISBN or ISSN numbers.  Such
notice shall be sent to Sun Microsystems, Inc., 4150 Network
Circle, M/S USCA12-110, Palo Alto, CA 94303-4900, Attention:
Contracts Administration; and (x) you shall provide Sun with
quarterly written reports regarding the number of copies of
the Software distributed during the prior quarter; such
reports shall be sent to Sun Microsystems, Inc., 4150
Network Circle, Santa Clara, CA, 95054, Attn.:  Sun ONE
Studio Product Management Group, M/S UOAK01.

7.  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.

8.  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.

9.  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.  
4150 Network Circle, Santa Clara, California 95054.
(LFI#117241/Form ID#011801)