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author | Jan Brinkmann <luckyduck@gentoo.org> | 2005-01-20 15:48:22 +0000 |
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committer | Jan Brinkmann <luckyduck@gentoo.org> | 2005-01-20 15:48:22 +0000 |
commit | 6f30027018d69a14256c2765874b3061fa3a3615 (patch) | |
tree | c837b3fe0581a9bf8b2f918aca3102a903f41b5c /licenses/sun-bcla-dsml | |
parent | added missing jikes dependency. (diff) | |
download | historical-6f30027018d69a14256c2765874b3061fa3a3615.tar.gz historical-6f30027018d69a14256c2765874b3061fa3a3615.tar.bz2 historical-6f30027018d69a14256c2765874b3061fa3a3615.zip |
added sun-bcla-dsml license
Diffstat (limited to 'licenses/sun-bcla-dsml')
-rw-r--r-- | licenses/sun-bcla-dsml | 261 |
1 files changed, 261 insertions, 0 deletions
diff --git a/licenses/sun-bcla-dsml b/licenses/sun-bcla-dsml new file mode 100644 index 000000000000..112bbb66b7b5 --- /dev/null +++ b/licenses/sun-bcla-dsml @@ -0,0 +1,261 @@ + Pre-Release + Binary Software Evaluation Agreement + + SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO + LICENSE THE DSML VERSION 2.0 SERVICE PROVIDER + PRE-RELEASE SOFTWARE TO LICENSEE ONLY UPON THE + CONDITION THAT LICENSEE ACCEPTS ALL OF THE TERMS + CONTAINED IN THIS LICENSE AGREEMENT + ("AGREEMENT"). PLEASE READ THE TERMS AND + CONDITIONS OF THIS AGREEMENT CAREFULLY. BY + DOWNLOADING OR INSTALLING THIS SOFTWARE, LICENSEE + ACCEPTS THE TERMS AND CONDITIONS OF THIS LICENSE + AGREEMENT. INDICATE ACCEPTANCE BY SELECTING THE + "ACCEPT" BUTTON AT THE BOTTOM OF THIS AGREEMENT. + IF LICENSEE IS NOT WILLING TO BE BOUND BY ALL THE + TERMS, SELECT THE "DECLINE" BUTTON AT THE BOTTOM + OF THE AGREEMENT AND THE DOWNLOAD OR INSTALL + PROCESS WILL NOT CONTINUE. + + 1.0 DEFINITIONS + "Licensed Software" means the DSML Version 2.0 + Service Provider Pre-release Software in binary + form, any other machine readable materials + (including, but not limited to, libraries, source + files, header files, and data files) and any user + manuals, programming guides and other + documentation provided to Licensee by Sun under + this Agreement. + + 2.0 LIMITED LICENSE + Sun grants to Licensee, a non-exclusive, non- + transferable, royalty-free and limited license to + use Licensed Software internally for the purposes + of evaluation only. No license is granted to + Licensee for any other purpose. Licensee may not + sell, rent, loan or otherwise encumber or transfer + Licensed Software in whole or in part, to any + third party. + + 3.0 LICENSE RESTRICTIONS + 3.1 Licensee may not duplicate Licensed Software + other than for a single copy of Licensed Software + for archival purposes only. Licensee agrees to + reproduce any copyright and other proprietary + right notices on any such copy. + 3.2 Except as otherwise provided by law, Licensee + may not modify or create derivative works of the + Licensed Software, or reverse engineer, + disassemble or decompile binary portions of the + Licensed Software, or otherwise attempt to derive + the source code from such portions. + 3.3 No right, title, or interest in or to Licensed + Software, any trademarks, service marks, or trade + names of Sun or Sun's licensors is granted under + this Agreement. + 3.4 Licensee shall have no right to use the + Licensed Software for productive or commercial + use. + + 4.0 NO SUPPORT + Sun is under no obligation to support Licensed + Software or to provide Licensee with updates or + error corrections (collectively "Software + Updates"). If Sun, at its sole option, supplies + Software Updates to Licensee, the Software Updates + will be considered part of Licensed Software, and + subject to the terms of this Agreement. + + 5.0 LICENSEE DUTIES + Licensee agrees to evaluate and test the Licensed + Software for use with Licensee's products and to + provide feedback to Sun's email address: + [1]jndi@java.sun.com. Sun shall treat any oral or + written feedback or results of Licensee's testing + of the Licensed Software which Licensee provides + to Sun as Sun's Confidential Information (defined + in Section 7 below). + + 6.0 TERM AND TERMINATION OF AGREEMENT + 6.1 This Agreement will commence on the date on + which Licensee receives Licensed Software (the + "Effective Date") and will expire ninety (90) days + from the Effective Date, unless terminated earlier + as provided below. + 6.2 Either party may terminate this Agreement upon + ten (10) days written notice to the other party. + However, Sun may terminate this Agreement + immediately should any Licensed Software become, + or in Sun's opinion be likely to become, the + subject of a claim of infringement of a patent, + trade secret or copyright. + 6.3 Sun may terminate this Agreement immediately + should Licensee materially breach any of its + provisions or take any action in derogation of + Sun's rights to the Confidential Information + licensed to Licensee. + 6.4 Upon termination or expiration of this + Agreement, Licensee will immediately cease use of + and destroy Licensed Software and any copies + thereof and provide Sun a written statement + certifying that Licensee has complied with the + foregoing obligations. + 6.5 Rights and obligations under this Agreement + which by their nature should survive, will remain + in effect after termination or expiration hereof. + + 7.0 CONFIDENTIAL INFORMATION + 7.1 For purposes of this Agreement, "Confidential + Information" means: (i) business and technical + information and any source code or binary code + which Sun discloses to Licensee related to + Licensed Software; and (ii) the terms, conditions, + and existence of this Agreement. Licensee may not + disclose Confidential Information or use it except + for the purposes specified in this Agreement. + Licensee will protect the confidentiality of + Confidential Information to the same degree of + care, but no less than reasonable care, as + Licensee uses to protect its own Confidential + Information. Licensee's obligations regarding + Confidential Information will expire no less than + five (5) years from the date of receipt of the + Confidential Information, except for Sun source + code which will be protected in perpetuity. + Licensee agrees that Licensed Software contains + trade secrets of Sun. + 7.2 Notwithstanding any provisions contained in + this Agreement concerning nondisclosure and + non-use of the Confidential Information, the + nondisclosure obligations of Section 7.1 will not + apply to any portion of Confidential Information + that a Licensee can demonstrate in writing is: + (i) now, or hereafter through no act or failure to + act on the part of Licensee becomes, generally + known to the general public; (ii) known to + Licensee at the time of receiving the Confidential + Information without an obligation of + confidentiality; (iii) hereafter rightfully + furnished to Licensee by a third party without + restriction on disclosure; or (iv) independently + developed by Licensee without any use of the + Confidential Information. + 7.3 Licensee must restrict access to Confidential + Information to its employees or contractors with a + need for this access to perform their employment + or contractual obligations and who have agreed in + writing to be bound by a confidentiality + obligation which incorporates the protections and + restrictions substantially as set forth in this + Agreement. + + 8.0 DISCLAIMER OF WARRANTY + 8.1 Licensee acknowledges that Licensed Software + may contain errors and is not designed or intended + for use in the design, construction, operation or + maintenance of any nuclear facility ("High Risk + Activities"). Sun disclaims any express or + implied warranty of fitness for such uses. + Licensee represents and warrants to Sun that it + will not use, distribute or license the Licensed + Software for High Risk Activities. + 8.2 LICENSED SOFTWARE IS PROVIDED "AS IS". ALL + EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, + AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF + MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR + A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE + DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH + DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. + + 9.0 LIMITATION OF LIABILITY + 9.1 Licensee acknowledges that the Licensed + Software is experimental. Licensee acknowledges + that the Licensed Software may have defects or + deficiencies which cannot or will not be corrected + by Sun. Licensee will hold Sun harmless from any + claims based on Licensee's use of the Licensed + Software for any purposes other than those of + internal evaluation, and from any claims that + later versions or releases of any Licensed + Software furnished to Licensee are incompatible + with the Licensed Software provided to Licensee + under this Agreement. + 9.2 Licensee shall have the sole responsibility to + protect adequately and backup Licensee's data + and/or equipment used in connection with the + Licensed Software. Licensee shall not claim + against Sun for lost data, re-run time, inaccurate + output, work delays or lost profits resulting from + Licensee' use of the Licensed Software. + 9.3 Licensee acknowledges that Sun is under no + obligation to release the Licensed Software as a + product of Sun. + 9.4 To the extent not prohibited by law, in no + event will Sun be liable for any indirect, + punitive, special, incidental or consequential + damage in connection with or arising out of this + Agreement (including loss of business, revenue, + profits, use, data or other economic advantage), + however it arises, whether for breach or in tort, + even if the other party has been previously + advised of the possibility of such damage. + + 10.0 U.S. GOVERNMENT RIGHTS + If this 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 the Software and + accompanying documentation shall be only as set + forth in this license; this is in accordance with + 48 C.F.R. 227.7201 through 227.7202-4 (for + Department of Defense (DoD) acquisitions) and with + 48 C.F.R. 2.101 and 12.212 (for non-DoD + acquisitions). + + 11.0 GENERAL TERMS + 11.1 Any action related to this Agreement will be + governed by California law and controlling U.S. + federal law. The U.N. Convention for the + International Sale of Goods and the choice of law + rules of any jurisdiction will not apply. + 11.2 Licensed Software and technical data + delivered under this Agreement are subject to + U.S. export control laws and may be subject to + export or import regulations in other countries. + Licensee agrees to comply strictly with all such + laws and regulations and acknowledges that it has + the responsibility to obtain such licenses to + export, re-export or import as may be required + after delivery to Licensee. + 11.3 It is understood and agreed that, + notwithstanding any other provision of this + Agreement, Licensee's breach of the provisions of + Section 7 of this Agreement will cause Sun + irreparable damage for which recovery of money + damages would be inadequate, and that Sun will + therefore be entitled to seek timely injunctive + relief to protect Sun's rights under this + Agreement in addition to any and all remedies + available at law. + 11.4 Neither party may assign or otherwise + transfer any of its rights or obligations under + this Agreement, without the prior written consent + of the other party, except that Sun may assign + this Agreement to an affiliated company. + 11.5 This Agreement is the parties' entire + agreement relating to its subject matter. It + supersedes all prior or contemporaneous oral or + written communications, proposals, conditions, + 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 to this Agreement will be binding, + unless in writing and signed by an authorized + representative of each party. + (LFI#107702/Form ID#011801) + +References + + 1. mailto:jndi@java.sun.com |