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 | |
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. | |
For inquiries please contact: | |
Sun Microsystems, Inc. | |
4150 Network Circle | |
Santa Clara, California 95054. | |
DEVELOPMENT TOOLS | |
JVMSTAT 3.0 | |
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 Binary Code License Agreement, or in any | |
license contained within the Software. | |
A. Software Internal Use and Development License Grant. | |
Subject to the terms and conditions of this Agreement, including, | |
but not limited to Section B (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 | |
intended to run on the Java platform ("Programs"). | |
B. Java Technology Restrictions. | |
You may not create, modify, or change the behavior of, or authorize your | |
licensees to create, modify, or change the behavior of, 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. | |
C. 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. | |
D. 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. | |
E. 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#143715/Form ID#011801) | |