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.� Licensee acknowledges that
Licensed Software is not designed or intended for use in the design,
construction, operation or maintenance of any nuclear facility. Sun
Microsystems, Inc. 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.
J2EEeditor.jar 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 Binary Code License Agreement . These
Supplemental Terms shall supersede any inconsistent or conflicting terms in the
Binary Code License 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 3
(Java(TM) 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").
2. License to Distribute Software.� In addition to the license granted in
Section 1 (Software Internal Use and Development License Grant) of these
Supplemental Terms, subject to the terms and conditions of this Agreement,
including but not limited to, Section 3 (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 you (i) distribute the Software complete and unmodified and only
bundled as part of your Programs, (ii) do not distribute additional software
intended to replace any component(s) of the Software, (iii) do not remove or
alter any proprietary legends or notices contained in the Software, (iv) only
distribute the Software subject to a license agreement that protects Sun's
interests consistent with the terms contained in this Agreement, and (v) 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. 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.
4. 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.
5. 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.
6. 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#128129/Form ID#011801)