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-Sun Microsystems, Inc.
-Binary Code License Agreement
-
-READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMEN
-TAL LICENSE TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFO
-RE OPENING THE SOFTWARE MEDIA PACKAGE. BY OPENING THE SOFT
-WARE MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMEN
-T. IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDIC
-ATE 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 TH
-E 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 acco
-mpanying software and documentation and any error correctio
-ns provided by Sun (collectively "Software"), by the number
- of users and the class of computer hardware for which the
-corresponding fee has been paid.
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-2. RESTRICTIONS. Software is confidential and copyrighted
-. Title to Software and all associated intellectual propert
-y rights is retained by Sun and/or its licensors. Except a
-s specifically authorized in any Supplemental License Terms
-, you may not make copies of Software, other than a single
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-pile, or reverse engineer Software. Licensee acknowledges
-that Licensed Software is not designed or intended for use
-in the design, construction, operation or maintenance of an
-y nuclear facility. Sun Microsystems, Inc. disclaims any ex
-press or implied warranty of fitness for such uses. No ri
-ght, title or interest in or to any trademark, service mark
-, logo or trade name of Sun or its licensors is granted und
-er this Agreement.
-
-3. LIMITED WARRANTY. Sun warrants to you that for a perio
-d of ninety (90) days from the date of purchase, as evidenc
-ed by a copy of the receipt, the media on which Software is
- furnished (if any) will be free of defects in materials an
-d workmanship under normal use. Except for the foregoing,
-Software is provided "AS IS". Your exclusive remedy and Su
-n's entire liability under this limited warranty will be at
- Sun's option to replace Software media or refund the fee p
-aid for Software.
-
-4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREE
-MENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AN
-D WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABI
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- ARE HELD TO BE LEGALLY INVALID.
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-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 CA
-USED 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 cont
-ract, 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.
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-6. Termination. This Agreement is effective until termina
-ted. You may terminate this Agreement at any time by destr
-oying all copies of Software. This Agreement will terminat
-e immediately without notice from Sun if you fail to comply
- with any provision of this Agreement. Upon Termination, y
-ou must destroy all copies of Software.
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-7. Export Regulations. All Software and technical data del
-ivered under this Agreement are subject to US export contro
-l laws and may be subject to export or import regulations i
-n other countries. You agree to comply strictly with all s
-uch 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 bein
-g acquired by or on behalf of the U.S. Government or by a U
-.S. Government prime contractor or subcontractor (at any ti
-er), then the Government's rights in Software and accompany
-ing documentation will be only as set forth in this Agreeme
-nt; this is in accordance with 48 CFR 227.7201 through 227.
-7202-4 (for Department of Defense (DOD) acquisitions) and w
-ith 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
-
-9. Governing Law. Any action related to this Agreement wi
-ll be governed by California law and controlling U.S. feder
-al law. No choice of law rules of any jurisdiction will ap
-ply.
-
-10. Severability. If any provision of this Agreement is hel
-d to be unenforceable, this Agreement will remain in effect
- with the provision omitted, unless omission would frustrat
-e the intent of the parties, in which case this Agreement w
-ill immediately terminate.
-
-11. Integration. This Agreement is the entire agreement be
-tween you and Sun relating to its subject matter. It super
-sedes all prior or contemporaneous oral or written communic
-ations, proposals, representations and warranties and preva
-ils over any conflicting or additional terms of any quote,
-order, acknowledgment, or other communication between the p
-arties relating to its subject matter during the term of th
-is Agreement. No modification of this Agreement will be bi
-nding, unless in writing and signed by an authorized repres
-entative of each party.
-
-JAVA(TM) INTERFACE CLASSES
-J2EE(TM) DEPLOYMENT SPECIFICATION INTERFACE CLASSES 1.1
-SUPPLEMENTAL LICENSE TERMS
-
-These supplemental license terms ("Supplemental Terms") add
- to or modify the terms of the Binary Code License Agreemen
-t (collectively, the "Agreement"). Capitalized terms not de
-fined in these Supplemental Terms shall have the same meani
-ngs ascribed to them in the Agreement. These Supplemental T
-erms shall supersede any inconsistent or conflicting terms
-in the Agreement, or in any license contained within the So
-ftware.
-
-1. Software Internal Use and Development License Grant. Sub
-ject to the terms and conditions of this Agreement, includi
-ng, but not limited to Section 3 (Java(TM) Technology Restr
-ictions) of these Supplemental Terms, Sun grants you a non-
-exclusive, non-transferable, limited license to reproduce i
-nternally and use internally the binary form of the Softwar
-e, complete and unmodified, for the sole purpose of designi
-ng, developing and testing your Java applets and applicatio
-ns ("Programs").
-
-2. License to Distribute Software. In addition to the lice
-nse granted in Section 1 (Software Internal Use and Develop
-ment 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), Su
-n grants you a non-exclusive, non-transferable, limited lic
-ense to reproduce and distribute the Software in binary for
-m only, provided that you (i) distribute the Software compl
-ete and unmodified and only bundled as part of your Program
-s, (ii) do not distribute additional software intended to r
-eplace any component(s) of the Software, (iii) do not remov
-e 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 consisten
-t with the terms contained in this Agreement, and (v) agree
- to defend and indemnify Sun and its licensors from and aga
-inst any damages, costs, liabilities, settlement amounts an
-d/or expenses (including attorneys' fees) incurred in conne
-ction 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 Jav
-a Platform Interface ("JPI", identified as classes containe
-d within the "java" package or any subpackages of the "java
-" package), by creating additional classes within the JPI o
-r otherwise causing the addition to or modification of the
-classes in the JPI. In the event that you create an additi
-onal class and associated API(s) which (i) extends the func
-tionality of the Java Platform, and (ii) is exposed to thir
-d party software developers for the purpose of developing a
-dditional software which invokes such additional API, you m
-ust 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 specifie
-d by Sun in any naming convention designation.
-
-4. Trademarks and Logos. You acknowledge and agree as betwe
-en you and Sun that Sun owns the SUN, SOLARIS, JAVA, JINI,
-FORTE, and iPLANET trademarks and all SUN, SOLARIS, JAVA, J
-INI, FORTE, and iPLANET-related trademarks, service marks,
-logos and other brand designations ("Sun Marks"), and you a
-gree to comply with the Sun Trademark and Logo Usage Requir
-ements currently located at http://www.sun.com/policies/tra
-demarks. Any use you make of the Sun Marks inures to Sun's
-benefit.
-
-5. Source Code. Software may contain source code that is pr
-ovided solely for reference purposes pursuant to the terms
-of this Agreement. Source code may not be redistributed un
-less expressly provided for in this Agreement.
-
-6. Termination for Infringement. Either party may termina
-te this Agreement immediately should any Software become, o
-r in either party's opinion be likely to become, the subjec
-t of a claim of infringement of any intellectual property r
-ight.
-
-For inquiries please contact: Sun Microsystems, Inc. 4150 N
-etwork Circle, Santa Clara, California 95054. \ No newline at end of file