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1 JavaTM 2 SDK v1.3. Binary Code License Agreement
3 PLEASE READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE
4 TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA
5 PACKAGE. BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO ALL OF THE TERMS OF
6 THIS AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE YOUR
7 ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS
8 AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE TERMS, PROMPTLY RETURN THE UNUSED
9 SOFTWARE TO YOUR PLACE OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED
10 ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AND THE INSTALLATION PROCESS WILL
11 NOT CONTINUE.
13 1. License to Use. Sun Microsystems, Inc. ("Sun") grants you a non-exclusive and
14 nontransferable license for the internal use only of the accompanying software,
15 documentation and any error corrections provided by Sun (collectively
16 "Software"), by the number of users and the class of computer hardware for which
17 the corresponding fee has been paid.
19 2. Restrictions. Software is confidential and copyrighted. Title to Software and
20 all associated intellectual property rights is retained by Sun and/or its
21 licensors. Except as specifically authorized in any Supplemental License Terms,
22 you may not make copies of Software, other than a single copy of Software for
23 archival purposes. Unless enforcement is prohibited by applicable law, you may
24 not modify, decompile, or reverse engineer Software. You acknowledge that
25 Software is not designed, licensed or intended for use in the design,
26 construction, operation or maintenance of any nuclear facility. Sun disclaims
27 any express or implied warranty of fitness for such uses. No right, title or
28 interest in or to any trademark, service mark, logo or trade name of Sun or its
29 licensors is granted under this Agreement.
31 3. Limited Warranty. Sun warrants to you that for a period of ninety (90) days
32 from the date of purchase, as evidenced by a copy of the receipt, the media on
33 which Software is furnished (if any) will be free of defects in materials and
34 workmanship under normal use. Except for the foregoing, Software is provided "AS
35 IS". Your exclusive remedy and Sun's entire liability under this limited
36 warranty will be at Sun's option to replace Software media or refund the fee
37 paid for Software.
39 4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR
40 IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED
41 WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
42 NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE
43 HELD TO BE LEGALLY INVALID.
45 5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT
46 WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR
47 SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED
48 REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF
49 OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF
50 SUCH DAMAGES. In no event will Sun's liability to you, whether in contract, tort
51 (including negligence), or otherwise, exceed the amount paid by you for Software
52 under this Agreement. The foregoing limitations will apply even if the above
53 stated warranty fails of its essential purpose.
55 6. Termination. This Agreement is effective until terminated. You may terminate
56 this Agreement at any time by destroying all copies of Software. This Agreement
57 will terminate immediately without notice from Sun if you fail to comply with
58 any provision of this Agreement. Upon Termination, you must destroy all copies
59 of Software.
61 7. Export Regulations. All Software and technical data delivered under this
62 Agreement are subject to US export control laws and may be subject to export or
63 import regulations in other countries. You agree to comply strictly with all
64 such laws and regulations and acknowledge that you have the responsibility to
65 obtain such licenses to export, re-export, or import as may be required after
66 delivery to you.
68 8. U.S. Government Restricted Rights. If Software is being acquired by or on
69 behalf of the U.S. Government or by a U.S. Government prime contractor or
70 subcontractor (at any tier), then the Government's rights in Software and
71 accompanying documentation will be only as set forth in this Agreement; this is
72 in accordance with 48 C.F.R. 227.7202-4 (for Department of Defense (DOD)
73 acquisitions) and with 48 C.F.R. 2.101 and 12.212 (for non-DOD acquisitions).
75 9. Governing Law. Any action related to this Agreement will be governed by
76 California law and controlling U.S. federal law. No choice of law rules of any
77 jurisdiction will apply.
79 10. Severability. If any provision of this Agreement is held to be
80 unenforceable, this Agreement will remain in effect with the provision omitted,
81 unless omission would frustrate the intent of the parties, in which case this
82 Agreement will immediately terminate.
84 11. Integration. This Agreement is the entire agreement between you and Sun
85 relating to its subject matter. It supersedes all prior or contemporaneous oral
86 or written communications, proposals, representations and warranties and
87 prevails over any conflicting or additional terms of any quote, order,
88 acknowledgment, or other communication between the parties relating to its
89 subject matter during the term of this Agreement. No modification of this
90 Agreement will be binding, unless in writing and signed by an authorized
91 representative of each party.
93 For inquiries please contact: Sun Microsystems, Inc. 901 San Antonio Road, Palo
94 Alto, California 94303
96 ================================================================================
98 JAVATM 2 SOFTWARE DEVELOPMENT KIT STANDARD EDITION VERSION 1.3
99 SUPPLEMENTAL LICENSE TERMS
101 These supplemental license terms ("Supplemental Terms") add to or modify the
102 terms of the Binary Code License Agreement (collectively, the "Agreement").
103 Capitalized terms not defined in these Supplemental Terms shall have the same
104 meanings ascribed to them in the Agreement. These Supplemental Terms shall
105 supersede any inconsistent or conflicting terms in the Agreement, or in any
106 license contained within the Software.
108 1. Internal Use and Development License Grant. Subject to the terms and
109 conditions of this Agreement, including, but not limited to, Section 2
110 (Redistributables) and Section 4 (Java Technology Restrictions) of these
111 Supplemental Terms, Sun grants you a non-exclusive, nontransferable, limited
112 license to reproduce the Software for internal use only for the sole purpose of
113 development of your JAVATM applet and application ("Program"), provided that you
114 do not redistribute the Software in whole or in part, either separately or
115 included with any Program.
117 2. Redistributables. In addition to the license granted in Paragraph 1 above,
118 Sun grants you a non-exclusive, nontransferable, limited license to reproduce
119 and distribute, only as part of your separate copy of JAVATM 2 RUNTIME
120 ENVIRONMENT STANDARD EDITION VERSION 1.3 software, those files specifically
121 identified as redistributable in the JAVATM 2 RUNTIME ENVIRONMENT STANDARD
122 EDITION VERSION 1.3 "README" file (the "Redistributables") provided that: (a)
123 you distribute the Redistributables complete and unmodified (unless otherwise
124 specified in the applicable README file), and only bundled as part of the JAVATM
125 applets and applications that you develop (the "Programs:); (b) you do not
126 distribute additional software intended to supersede any component(s) of the
127 Redistributables; (c) you do not remove or alter any proprietary legends or
128 notices contained in or on the Redistributables; (d) you only distribute the
129 Redistributables pursuant to a license agreement that protects Sun's interests
130 consistent with the terms contained in the Agreement, and (e) you agree to
131 defend and indemnify Sun and its licensors from and against any damages, costs,
132 liabilities, settlement amounts and/or expenses (including attorneys' fees)
133 incurred in connection with any claim, lawsuit or action by any third party that
134 arises or results from the use or distribution of any and all Programs and/or
135 Software.
137 3. Separate Distribution License Required. You understand and agree that you
138 must first obtain a separate license from Sun prior to reproducing or modifying
139 any portion of the Software other than as provided with respect to
140 Redistributables in Paragraph 2 above.
142 4. Java Technology Restrictions. You may not modify the Java Platform Interface
143 ("JPI", identified as classes contained within the "java" package or any
144 sub-packages of the "java" package), by creating additional classes within the
145 JPI or otherwise causing the addition to or modification of the classes in the
146 JPI. In the event that you create an additional class and associated API(s)
147 which (i) extends the functionality of a Java environment, and (ii) is exposed
148 to third party software developers for the purpose of developing additional
149 software, which invokes such additional API, you must promptly publish broadly
150 an accurate specification for such API for free use by all developers. You may
151 not create, or authorize your licensees to create additional classes,
152 interfaces, or sub-packages that are in any way identified as "java", "javax",
153 "sun" or similar convention as specified by Sun in any class file naming
154 convention. Refer to the appropriate version of the Java Runtime Environment
155 binary code license (currently located at
156 http://www.java.sun.com/jdk/index.html) for the availability of runtime
157 code which may be distributed with Java applets and applications.
159 5. Trademarks and Logos. You acknowledge and agree as between you and Sun that
160 Sun owns the Java trademark and all Java-related trademarks, service marks,
161 logos and other brand designations including the Coffee Cup logo and Duke logo
162 ("Java Marks"), and you agree to comply with the Sun Trademark and Logo Usage
163 Requirements currently located at http://www.sun.com/policies/trademarks. Any
164 use you make of the Java Marks inures to Sun's benefit.
166 6. Source Code. Software may contain source code that is provided solely for
167 reference purposes pursuant to the terms of this Agreement.
169 7. Termination. Sun may terminate this Agreement immediately should any Software
170 become, or in Sun's opinion be likely to become, the subject of a claim of
171 infringement of a patent, trade secret, copyright or other intellectual property
172 right.