141 lines
7.4 KiB
Text
141 lines
7.4 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. You may not publish or
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provide the results of any benchmark or comparison tests run on
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Software to any third party without the prior written consent of Sun.
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No right, title or interest in or to any trademark, service mark, logo
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or trade name of 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) RUNTIME ENVIRONMENT VERSION 1.1.8
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SUPPLEMENTAL LICENSE TERMS
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These supplemental terms ("Supplement") add to the terms of the
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Binary Code License Agreement (collectively the "Agreement").
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Capitalized terms not defined herein shall have the same meanings
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ascribed to them in the Agreement. The Supplement terms shall
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supersede any inconsistent or conflicting terms in the Agreement,
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either above or contained within the Software.
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1. License to Distribute. You are granted a royalty-free right to
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reproduce and distribute the Software provided that you: (i)distribute
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the Software complete and unmodified, provided that the Software is
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distributed with your Java applet or application ("Program"); (ii) do
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not distribute additional software intended to replace any
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component(s) of the Software; (iii) do not remove or alter the
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Agreement, any proprietary legends or notices contained in the
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Software; (iv) only distribute the Software subject to this Agreement;
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(v) may not create, or authorize your licensees to create additional
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classes, interfaces, or subpackages that are contained in the "java"
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or "sun" packages or similar as specified by Sun in any class file
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naming convention; (vi) agree to indemnify, hold harmless, and
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defend Sun and its licensors from and against any claims or lawsuits,
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including attorneys' fees, that arise or result from the use or
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distribution of the Program.
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2. Trademarks and Logos. You acknowledge as between you and Sun
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that Sun owns the Java trademark and all Java-related trademarks,
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logos and icons including the Coffee Cup and Duke ("Java Marks") and
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agrees to comply with the Java Trademark Guidelines at
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http://java.sun.com/trademarks.html.
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