142 lines
7.4 KiB
Plaintext
142 lines
7.4 KiB
Plaintext
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, reverse engineer Software. Software is not designed or
|
|
licensed for use in on-line control of aircraft, air traffic, aircraft
|
|
navigation or aircraft communications; or in the design, construction,
|
|
operation or maintenance of any nuclear facility. You warrant that
|
|
you will not use Software for these purposes. You may not publish or
|
|
provide the results of any benchmark or comparison tests run on
|
|
Software to any third party without the prior written consent of Sun.
|
|
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. Use, duplication, or
|
|
disclosure by the U.S. Government is subject to restrictions set forth
|
|
in this Agreement and as provided in DFARS 227.7202-1 (a) and
|
|
227.7202-3(a) (1995), DFARS 252.227-7013 (c)(1)(ii)(Oct 1988), FAR
|
|
12.212 (a) (1995), FAR 52.227-19 (June 1987), or FAR 52.227-14(ALT
|
|
III) (June 1987), as applicable.
|
|
|
|
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. 901 San Antonio
|
|
Road, Palo Alto, California 94303
|
|
|
|
|
|
JAVA(TM) RUNTIME ENVIRONMENT VERSION 1.1.8
|
|
|
|
SUPPLEMENTAL LICENSE TERMS
|
|
|
|
These supplemental terms ("Supplement") add to the terms of the
|
|
Binary Code License Agreement (collectively the "Agreement").
|
|
Capitalized terms not defined herein shall have the same meanings
|
|
ascribed to them in the Agreement. The Supplement terms shall
|
|
supersede any inconsistent or conflicting terms in the Agreement,
|
|
either above or contained within the Software.
|
|
|
|
1. License to Distribute. You are granted a royalty-free right to
|
|
reproduce and distribute the Software provided that you: (i)distribute
|
|
the Software complete and unmodified, provided that the Software is
|
|
distributed with your Java applet or application ("Program"); (ii) do
|
|
not distribute additional software intended to replace any
|
|
component(s) of the Software; (iii) do not remove or alter the
|
|
Agreement, any proprietary legends or notices contained in the
|
|
Software; (iv) only distribute the Software subject to this Agreement;
|
|
(v) may not create, or authorize your licensees to create additional
|
|
classes, interfaces, or subpackages that are contained in the "java"
|
|
or "sun" packages or similar as specified by Sun in any class file
|
|
naming convention; (vi) agree to indemnify, hold harmless, and
|
|
defend Sun and its licensors from and against any claims or lawsuits,
|
|
including attorneys' fees, that arise or result from the use or
|
|
distribution of the Program.
|
|
|
|
2. Trademarks and Logos. You acknowledge as between you and Sun
|
|
that Sun owns the Java trademark and all Java-related trademarks,
|
|
logos and icons including the Coffee Cup and Duke ("Java Marks") and
|
|
agrees to comply with the Java Trademark Guidelines at
|
|
http://java.sun.com/trademarks.html.
|
|
|
|
|