1 Sun Microsystems, Inc. Binary Code License Agreement
3 for the JAVA SE RUNTIME ENVIRONMENT (JRE) VERSION 6
5 SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE
6 SOFTWARE IDENTIFIED BELOW TO YOU ONLY UPON THE CONDITION
7 THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS BINARY
8 CODE LICENSE AGREEMENT AND SUPPLEMENTAL LICENSE TERMS
9 (COLLECTIVELY "AGREEMENT"). PLEASE READ THE AGREEMENT
10 CAREFULLY. BY DOWNLOADING OR INSTALLING THIS SOFTWARE, YOU
11 ACCEPT THE TERMS OF THE AGREEMENT. INDICATE ACCEPTANCE BY
12 SELECTING THE "ACCEPT" BUTTON AT THE BOTTOM OF THE
13 AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY ALL THE
14 TERMS, SELECT THE "DECLINE" BUTTON AT THE BOTTOM OF THE
15 AGREEMENT AND THE DOWNLOAD OR INSTALL PROCESS WILL NOT
18 1. DEFINITIONS. "Software" means the identified above in
19 binary form, any other machine readable materials
20 (including, but not limited to, libraries, source files,
21 header files, and data files), any updates or error
22 corrections provided by Sun, and any user manuals,
23 programming guides and other documentation provided to you
24 by Sun under this Agreement. "Programs" mean Java applets
25 and applications intended to run on the Java Platform,
26 Standard Edition (Java SE) on Java-enabled general purpose
27 desktop computers and servers.
29 2. LICENSE TO USE. Subject to the terms and conditions of
30 this Agreement, including, but not limited to the Java
31 Technology Restrictions of the Supplemental License Terms,
32 Sun grants you a non-exclusive, non-transferable, limited
33 license without license fees to reproduce and use
34 internally Software complete and unmodified for the sole
35 purpose of running Programs. Additional licenses for
36 developers and/or publishers are granted in the
37 Supplemental License Terms.
39 3. RESTRICTIONS. Software is confidential and copyrighted.
40 Title to Software and all associated intellectual property
41 rights is retained by Sun and/or its licensors. Unless
42 enforcement is prohibited by applicable law, you may not
43 modify, decompile, or reverse engineer Software. You
44 acknowledge that Licensed Software is not designed or
45 intended for use in the design, construction, operation or
46 maintenance of any nuclear facility. Sun Microsystems, Inc.
47 disclaims any express or implied warranty of fitness for
48 such uses. No right, title or interest in or to any
49 trademark, service mark, logo or trade name of Sun or its
50 licensors is granted under this Agreement. Additional
51 restrictions for developers and/or publishers licenses are
52 set forth in the Supplemental License Terms.
54 4. LIMITED WARRANTY. Sun warrants to you that for a period
55 of ninety (90) days from the date of purchase, as evidenced
56 by a copy of the receipt, the media on which Software is
57 furnished (if any) will be free of defects in materials and
58 workmanship under normal use. Except for the foregoing,
59 Software is provided "AS IS". Your exclusive remedy and
60 Sun's entire liability under this limited warranty will be
61 at Sun's option to replace Software media or refund the fee
62 paid for Software. Any implied warranties on the Software
63 are limited to 90 days. Some states do not allow
64 limitations on duration of an implied warranty, so the
65 above may not apply to you. This limited warranty gives you
66 specific legal rights. You may have others, which vary from
69 5. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS
70 AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,
71 REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED
72 WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
73 PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE
74 EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY
77 6. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY
78 LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR
79 ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT,
80 CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER
81 CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT
82 OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE,
83 EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
84 DAMAGES. In no event will Sun's liability to you, whether
85 in contract, tort (including negligence), or otherwise,
86 exceed the amount paid by you for Software under this
87 Agreement. The foregoing limitations will apply even if the
88 above stated warranty fails of its essential purpose. Some
89 states do not allow the exclusion of incidental or
90 consequential damages, so some of the terms above may not
93 7. TERMINATION. This Agreement is effective until
94 terminated. You may terminate this Agreement at any time by
95 destroying all copies of Software. This Agreement will
96 terminate immediately without notice from Sun if you fail
97 to comply with any provision of this Agreement. Either
98 party may terminate this Agreement immediately should any
99 Software become, or in either party's opinion be likely to
100 become, the subject of a claim of infringement of any
101 intellectual property right. Upon Termination, you must
102 destroy all copies of Software.
104 8. EXPORT REGULATIONS. All Software and technical data
105 delivered under this Agreement are subject to US export
106 control laws and may be subject to export or import
107 regulations in other countries. You agree to comply
108 strictly with all such laws and regulations and acknowledge
109 that you have the responsibility to obtain such licenses to
110 export, re-export, or import as may be required after
113 9. TRADEMARKS AND LOGOS. You acknowledge and agree as
114 between you and Sun that Sun owns the SUN, SOLARIS, JAVA,
115 JINI, FORTE, and iPLANET trademarks and all SUN, SOLARIS,
116 JAVA, JINI, FORTE, and iPLANET-related trademarks, service
117 marks, logos and other brand designations ("Sun Marks"),
118 and you agree to comply with the Sun Trademark and Logo
119 Usage Requirements currently located at
120 http://www.sun.com/policies/trademarks. Any use you make of
121 the Sun Marks inures to Sun's benefit.
123 10. U.S. GOVERNMENT RESTRICTED RIGHTS. If Software is being
124 acquired by or on behalf of the U.S. Government or by a
125 U.S. Government prime contractor or subcontractor (at any
126 tier), then the Government's rights in Software and
127 accompanying documentation will be only as set forth in
128 this Agreement; this is in accordance with 48 CFR 227.7201
129 through 227.7202-4 (for Department of Defense (DOD)
130 acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD
133 11. GOVERNING LAW. Any action related to this Agreement
134 will be governed by California law and controlling U.S.
135 federal law. No choice of law rules of any jurisdiction
138 12. SEVERABILITY. If any provision of this Agreement is
139 held to be unenforceable, this Agreement will remain in
140 effect with the provision omitted, unless omission would
141 frustrate the intent of the parties, in which case this
142 Agreement will immediately terminate.
144 13. INTEGRATION. This Agreement is the entire agreement
145 between you and Sun relating to its subject matter. It
146 supersedes all prior or contemporaneous oral or written
147 communications, proposals, representations and warranties
148 and prevails over any conflicting or additional terms of
149 any quote, order, acknowledgment, or other communication
150 between the parties relating to its subject matter during
151 the term of this Agreement. No modification of this
152 Agreement will be binding, unless in writing and signed by
153 an authorized representative of each party.
155 SUPPLEMENTAL LICENSE TERMS
157 These Supplemental License Terms add to or modify the terms
158 of the Binary Code License Agreement. Capitalized terms not
159 defined in these Supplemental Terms shall have the same
160 meanings ascribed to them in the Binary Code License
161 Agreement . These Supplemental Terms shall supersede any
162 inconsistent or conflicting terms in the Binary Code
163 License Agreement, or in any license contained within the
166 A. Software Internal Use and Development License Grant.
167 Subject to the terms and conditions of this Agreement and
168 restrictions and exceptions set forth in the Software
169 "README" file incorporated herein by reference, including,
170 but not limited to the Java Technology Restrictions of
171 these Supplemental Terms, Sun grants you a non-exclusive,
172 non-transferable, limited license without fees to reproduce
173 internally and use internally the Software complete and
174 unmodified for the purpose of designing, developing, and
175 testing your Programs.
177 B. License to Distribute Software. Subject to the terms and
178 conditions of this Agreement and restrictions and
179 exceptions set forth in the Software README file,
180 including, but not limited to the Java Technology
181 Restrictions of these Supplemental Terms, Sun grants you a
182 non-exclusive, non-transferable, limited license without
183 fees to reproduce and distribute the Software, provided
184 that (i) you distribute the Software complete and
185 unmodified and only bundled as part of, and for the sole
186 purpose of running, your Programs, (ii) the Programs add
187 significant and primary functionality to the Software,
188 (iii) you do not distribute additional software intended to
189 replace any component(s) of the Software, (iv) you do not
190 remove or alter any proprietary legends or notices
191 contained in the Software, (v) you only distribute the
192 Software subject to a license agreement that protects Sun's
193 interests consistent with the terms contained in this
194 Agreement, and (vi) you agree to defend and indemnify Sun
195 and its licensors from and
197 C. Java Technology Restrictions. You may not create,
198 modify, or change the behavior of, or authorize your
199 licensees to create, modify, or change the behavior of,
200 classes, interfaces, or subpackages that are in any way
201 identified as "java", "javax", "sun" or similar convention
202 as specified by Sun in any naming convention designation.
204 D. Source Code. Software may contain source code that,
205 unless expressly licensed for other purposes, is provided
206 solely for reference purposes pursuant to the terms of this
207 Agreement. Source code may not be redistributed unless
208 expressly provided for in this Agreement.
210 E. Third Party Code. Additional copyright notices and
211 license terms applicable to portions of the Software are
212 set forth in the THIRDPARTYLICENSEREADME.txt file. In
213 addition to any terms and conditions of any third party
214 opensource/freeware license identified in the
215 THIRDPARTYLICENSEREADME.txt file, the disclaimer of
216 warranty and limitation of liability provisions in
217 paragraphs 5 and 6 of the Binary Code License Agreement
218 shall apply to all Software in this distribution.
220 F. Termination for Infringement. Either party may terminate
221 this Agreement immediately should any Software become, or
222 in either party's opinion be likely to become, the subject
223 of a claim of infringement of any intellectual property
226 G. Installation and Auto-Update. The Software's
227 installation and auto-update processes transmit a limited
228 amount of data to Sun (or its service provider) about those
229 specific processes to help Sun understand and optimize
230 them. Sun does not associate the data with personally
231 identifiable information. You can find more information
232 about the data Sun collects at http://java.com/data/.
234 For inquiries please contact: Sun Microsystems, Inc., 4150
235 Network Circle, Santa Clara, California 95054, U.S.A.