157 lines
8.3 KiB
Text
157 lines
8.3 KiB
Text
Sun Microsystems, Inc.
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Binary Code License Agreement
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READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL
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LICENSE TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE
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OPENING THE SOFTWARE MEDIA PACKAGE. BY OPENING THE SOFTWARE
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MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF
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YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE YOUR
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ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT
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THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE
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TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF
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PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED
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ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THIS
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AGREEMENT.
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1. LICENSE TO USE. Sun grants you a non-exclusive and
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non-transferable license for the internal use only of the accompanying
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software and documentation and any error corrections provided by Sun
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(collectively "Software"), by the number of users and the class of
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computer hardware for which the corresponding fee has been paid.
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2. RESTRICTIONS Software is confidential and copyrighted. Title to
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Software and all associated intellectual property rights is retained
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by Sun and/or its licensors. Except as specifically authorized in any
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Supplemental License Terms, you may not make copies of Software, other
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than a single copy of Software for archival purposes. Unless
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enforcement is prohibited by applicable law, you may not modify,
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decompile, reverse engineer Software. Software is not designed or
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licensed for use in on-line control of aircraft, air traffic, aircraft
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navigation or aircraft communications; or in the design, construction,
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operation or maintenance of any nuclear facility. You warrant that
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you will not use Software for these purposes. No right, title or
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interest in or to any trademark, service mark, logo or trade name of
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Sun or its licensors is granted under this Agreement.
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3. LIMITED WARRANTY. Sun warrants to you that for a period of ninety
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(90) days from the date of purchase, as evidenced by a copy of the
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receipt, the media on which Software is furnished (if any) will be
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free of defects in materials and workmanship under normal use. Except
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for the foregoing, Software is provided "AS IS". Your exclusive
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remedy and Sun's entire liability under this limited warranty will be
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at Sun's option to replace Software media or refund the fee paid for
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Software.
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4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT,
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ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES,
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INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
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PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO
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THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
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5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW,
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IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE,
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PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL
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OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF
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LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO
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USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
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DAMAGES. In no event will Sun's liability to you, whether in
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contract, tort (including negligence), or otherwise, exceed the amount
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paid by you for Software under this Agreement. The foregoing
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limitations will apply even if the above stated warranty fails of its
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essential purpose.
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6. Termination. This Agreement is effective until terminated. You
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may terminate this Agreement at any time by destroying all copies of
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Software. This Agreement will terminate immediately without notice
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from Sun if you fail to comply with any provision of this Agreement.
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Upon Termination, you must destroy all copies of Software.
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7. Export Regulations. All Software and technical data delivered
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under this Agreement are subject to US export control laws and may be
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subject to export or import regulations in other countries. You agree
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to comply strictly with all such laws and regulations and acknowledge
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that you have the responsibility to obtain such licenses to export,
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re-export, or import as may be required after delivery to you.
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8. U.S. Government Restricted Rights. Use, duplication, or
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disclosure by the U.S. Government is subject to restrictions set forth
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in this Agreement and as provided in DFARS 227.7202-1 (a) and
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227.7202-3(a) (1995), DFARS 252.227-7013 (c)(1)(ii)(Oct 1988), FAR
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12.212 (a) (1995), FAR 52.227-19 (June 1987), or FAR 52.227-14(ALT
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III) (June 1987), as applicable.
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9. Governing Law. Any action related to this Agreement will be
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governed by California law and controlling U.S. federal law. No
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choice of law rules of any jurisdiction will apply.
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10. Severability. If any provision of this Agreement is held to be
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unenforceable, This Agreement will remain in effect with the provision
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omitted, unless omission would frustrate the intent of the parties, in
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which case this Agreement will immediately terminate.
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11. Integration. This Agreement is the entire agreement between you
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and Sun relating to its subject matter. It supersedes all prior or
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contemporaneous oral or written communications, proposals,
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representations and warranties and prevails over any conflicting or
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additional terms of any quote, order, acknowledgment, or other
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communication between the parties relating to its subject matter
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during the term of this Agreement. No modification of this Agreement
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will be binding, unless in writing and signed by an authorized
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representative of each party.
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For inquiries please contact: Sun Microsystems, Inc. 901 San Antonio
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Road, Palo Alto, California 94303
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JAVA(TM) 2 SDK, STANDARD EDITION, VERSION 1.2.2
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SUPPLEMENTAL LICENSE TERMS
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These supplemental terms ("Supplement") add to the terms of the Binary
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Code License Agreement ("Agreement"). Capitalized terms not defined
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herein shall have the same meanings ascribed to them in the Agreement.
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The Supplement terms shall supersede any inconsistent or conflicting
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terms in the Agreement.
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1. Limited License Grant. Sun grants to you a non-exclusive,
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non-transferable limited license to use the Software without fee for
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evaluation of the Software and for development of Java(TM) applets and
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applications provided that you: (i) may not re-distribute the Software
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in whole or in part, either separately or included with a
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product. (ii) may not create, or authorize your licensees to create
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additional classes, interfaces, or subpackages that are contained in
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the "java" or "sun" packages or similar as specified by Sun in any
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class file naming convention; and (iii) agree to the extent Programs
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are developed which utilize the Windows 95/98 style graphical user
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interface or components contained therein, such applets or
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applications may only be developed to run on a Windows 95/98 or
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Windows NT platform. Refer to the Java 2 Runtime Environment Version
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1.2.2 binary code license
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(http://java.sun.com/products/jdk/1.2/jre/LICENSE) for the availability
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of runtime code which may be distributed with Java applets and
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applications.
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2. Java Platform Interface. In the event that Licensee creates an
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additional API(s) which: (i) extends the functionality of a
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Java Environment; and, (ii) is exposed to third party software
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developers for the purpose of developing additional software which
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invokes such additional API, Licensee must promptly publish broadly an
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accurate specification for such API for free use by all developers.
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3. Trademarks and Logos. This Agreement does not authorize Licensee to
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use any Sun name, trademark or logo. Licensee acknowledges as between
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it and Sun that Sun owns the Java trademark and all Java-related
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trademarks, logos and icons including the Coffee Cup and Duke ("Java
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Marks") and agrees to comply with the Java Trademark Guidelines at
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http://java.sun.com/trademarks.html.
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4. High Risk Activities. Notwithstanding Section 2, with respect to
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high risk activities, the following language shall apply: the Software
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is not designed or intended for use in on-line control of aircraft,
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air traffic, aircraft navigation or aircraft communications; or in the
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design, construction, operation or maintenance of any nuclear
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facility. Sun disclaims any express or implied warranty of fitness for
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such uses.
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5. Source Code. Software may contain source code that is provided
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solely for reference purposes pursuant to the terms of this Agreement.
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