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JavaTM 2 SDK v1.3. Binary Code License Agreement
PLEASE 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 ALL OF 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 AND THE INSTALLATION PROCESS WILL
NOT CONTINUE.
1. License to Use. Sun Microsystems, Inc. ("Sun") grants you a non-exclusive and
nontransferable license for the internal use only of the accompanying software,
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 C.F.R. 227.7202-4 (for Department of Defense (DOD)
acquisitions) and with 48 C.F.R. 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. 901 San Antonio Road, Palo
Alto, California 94303
================================================================================
JAVATM 2 SOFTWARE DEVELOPMENT KIT STANDARD EDITION VERSION 1.3
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. Internal Use and Development License Grant. Subject to the terms and
conditions of this Agreement, including, but not limited to, Section 2
(Redistributables) and Section 4 (Java Technology Restrictions) of these
Supplemental Terms, Sun grants you a non-exclusive, nontransferable, limited
license to reproduce the Software for internal use only for the sole purpose of
development of your JAVATM applet and application ("Program"), provided that you
do not redistribute the Software in whole or in part, either separately or
included with any Program.
2. Redistributables. In addition to the license granted in Paragraph 1 above,
Sun grants you a non-exclusive, nontransferable, limited license to reproduce
and distribute, only as part of your separate copy of JAVATM 2 RUNTIME
ENVIRONMENT STANDARD EDITION VERSION 1.3 software, those files specifically
identified as redistributable in the JAVATM 2 RUNTIME ENVIRONMENT STANDARD
EDITION VERSION 1.3 "README" file (the "Redistributables") provided that: (a)
you distribute the Redistributables complete and unmodified (unless otherwise
specified in the applicable README file), and only bundled as part of the JAVATM
applets and applications that you develop (the "Programs:); (b) you do not
distribute additional software intended to supersede any component(s) of the
Redistributables; (c) you do not remove or alter any proprietary legends or
notices contained in or on the Redistributables; (d) you only distribute the
Redistributables pursuant to a license agreement that protects Sun's interests
consistent with the terms contained in the Agreement, and (e) you 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. Separate Distribution License Required. You understand and agree that you
must first obtain a separate license from Sun prior to reproducing or modifying
any portion of the Software other than as provided with respect to
Redistributables in Paragraph 2 above.
4. Java Technology Restrictions. You may not modify the Java Platform Interface
("JPI", identified as classes contained within the "java" package or any
sub-packages 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 a Java environment, 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 sub-packages that are in any way identified as "java", "javax",
"sun" or similar convention as specified by Sun in any class file naming
convention. Refer to the appropriate version of the Java Runtime Environment
binary code license (currently located at
http://www.java.sun.com/jdk/index.html) for the availability of runtime
code which may be distributed with Java applets and applications.
5. Trademarks and Logos. You acknowledge and agree as between you and Sun that
Sun owns the Java trademark and all Java-related trademarks, service marks,
logos and other brand designations including the Coffee Cup logo and Duke logo
("Java 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 Java Marks inures to Sun's benefit.
6. Source Code. Software may contain source code that is provided solely for
reference purposes pursuant to the terms of this Agreement.
7. Termination. Sun may terminate this Agreement immediately should any Software
become, or in Sun's opinion be likely to become, the subject of a claim of
infringement of a patent, trade secret, copyright or other intellectual property
right.
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