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. | |
JAVA(TM) INTERFACE CLASSES | |
JAVA MESSAGE SERVICE (JMS), VERSION 1.1 | |
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 3 | |
(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 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), Sun grants you a non-exclusive, | |
non-transferable, limited license to reproduce and | |
distribute the Software in binary 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, STAROFFICE, STARPORTAL | |
and iPLANET trademarks and all SUN, SOLARIS, JAVA, | |
JINI, FORTE, STAROFFICE, STARPORTAL 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. 901 San Antonio Road, Palo Alto, California | |
94303 | |
(LFI#111755/Form ID#011801) | |