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- 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) DEVELOPMENT KIT 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 above, or in any
-license contained within the Software.
-
-1. Limited License Grant. Sun grants to you a non-exclusive,
-non-transferable limited license to use the Software without fee for
-evaluation of the Software and for development of Java applets and
-applications provided that you:
-(i) may not re-distribute the Software in whole or in part, either
-separately or included with a product; and (ii) 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. Refer to the
-Java Runtime Environment Version 1.1.8 binary code license
-(http://java.sun.com/products/jdk/1.1/jre/index.html) for the availability
-of runtime code which may be distributed with Java applets and applications.
-
-2. Java Platform Interface. In the event that Licensee creates an
-additional API(s) which: (i) extends the functionality of a Java
-Environment; and, (ii) is exposed to third party software developers for
-the purpose of developing additional software which invokes such
-additional API, Licensee must promptly publish broadly an accurate
-specification for such API for free use by all developers.
-
-3. Trademarks and Logos. Licensee acknowledges as between it 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://www.sun.com/policies/trademarks.
-
-4. Source Code. Software may contain source code that is provided
-solely for reference purposes pursuant to the terms of this Agreement.