| 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) SPEECH API (JSAPI) SPECIFICATION IMPLEMETATION, VERSION |
| 1.0 |
| 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 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), 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, 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. 901 San Antonio |
| Road, Palo Alto, California 94303 (LFI#108931/Form ID#011801) |