722b51ac81
Update 16 adds a GlobalSign root certificate. Update 15 is a bugfix release, see http://java.sun.com/j2se/1.4.2/ReleaseNotes.html#142_15 - Add the appropriate license files.
332 lines
18 KiB
Text
332 lines
18 KiB
Text
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Sun Microsystems, Inc.
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Binary Code License Agreement
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for the
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JAVA 2 SOFTWARE DEVELOPMENT KIT (J2SDK), STANDARD EDITION,
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VERSION 1.4.2_X
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SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE
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SOFTWARE IDENTIFIED BELOW TO YOU ONLY UPON THE CONDITION THAT
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YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS BINARY CODE
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LICENSE AGREEMENT AND SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY
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"AGREEMENT"). PLEASE READ THE AGREEMENT CAREFULLY. BY
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DOWNLOADING OR INSTALLING THIS SOFTWARE, YOU ACCEPT THE TERMS OF
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THE AGREEMENT. INDICATE ACCEPTANCE BY SELECTING THE "ACCEPT"
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BUTTON AT THE BOTTOM OF THE AGREEMENT. IF YOU ARE NOT WILLING TO
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BE BOUND BY ALL THE TERMS, SELECT THE "DECLINE" BUTTON AT THE
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BOTTOM OF THE AGREEMENT AND THE DOWNLOAD OR INSTALL PROCESS WILL
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NOT CONTINUE.
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1.DEFINITIONS. "Software" means the identified above in binary
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form, any other machine readable materials (including, but not
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limited to, libraries, source files, header files, and data
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files), any updates or error corrections provided by Sun, and
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any user manuals, programming guides and other documentation
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provided to you by Sun under this Agreement. "Programs" mean
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Java applets and applications intended to run on the Java 2
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Platform, Standard Edition (J2SETM platform) platform on
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Java-enabled general purpose desktop computers and servers.
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2.LICENSE TO USE. Subject to the terms and conditions of this
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Agreement, including, but not limited to the Java Technology
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Restrictions of the Supplemental License Terms, Sun grants you a
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non-exclusive, non-transferable, limited license without license
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fees to reproduce and use internally Software complete and
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unmodified for the sole purpose of running Programs. Additional
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licenses for developers and/or publishers are granted in the
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Supplemental License Terms.
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3.RESTRICTIONS. Software is confidential and copyrighted. Title
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to Software and all associated intellectual property rights is
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retained by Sun and/or its licensors. Unless enforcement is
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prohibited by applicable law, you may not modify, decompile, or
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reverse engineer Software. Licensee acknowledges that Licensed
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Software is not designed or intended for use in the design,
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construction, operation or maintenance of any nuclear facility.
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Sun Microsystems, Inc. disclaims any express or implied warranty
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of fitness for such uses. No right, title or interest in or to
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any trademark, service mark, logo or trade name of Sun or its
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licensors is granted under this Agreement. Additional
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restrictions for developers and/or publishers licenses are set
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forth in the Supplemental License Terms.
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4.LIMITED WARRANTY. Sun warrants to you that for a period of
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ninety (90) days from the date of purchase, as evidenced by a
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copy of the receipt, the media on which Software is furnished
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(if any) will be free of defects in materials and workmanship
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under normal use. Except for the foregoing, Software is
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provided "AS IS". Your exclusive remedy and Sun's entire
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liability under this limited warranty will be at Sun's option to
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replace Software media or refund the fee paid for Software.
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Any implied warranties on the Software are limited to 90 days.
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Some states do not allow limitations on duration of an implied
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warranty, so the above may not apply to you. This limited
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warranty gives you specific legal rights. You may have others,
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which vary from state to state.
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5.DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT,
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ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND
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WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY,
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FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE
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DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD
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TO BE LEGALLY INVALID.
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6.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
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REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT,
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CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED
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REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED
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TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN
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ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will
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Sun's liability to you, whether in contract, tort (including
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negligence), or otherwise, exceed the amount paid by you for
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Software under this Agreement. The foregoing limitations will
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apply even if the above stated warranty fails of its essential
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purpose. Some states do not allow the exclusion of incidental
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or consequential damages, so some of the terms above may not be
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applicable to you.
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7.SOFTWARE UPDATES FROM SUN. You acknowledge that at your
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request or consent optional features of the Software may
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download, install, and execute applets, applications, software
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extensions, and updated versions of the Software from Sun
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("Software Updates"), which may require you to accept updated
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terms and conditions for installation. If additional terms and
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conditions are not presented on installation, the Software
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Updates will be considered part of the Software and subject to
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the terms and conditions of the Agreement.
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8.SOFTWARE FROM SOURCES OTHER THAN SUN. You acknowledge that, by
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your use of optional features of the Software and/or by
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requesting services that require use of the optional features of
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the Software, the Software may automatically download, install,
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and execute software applications from sources other than Sun
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("Other Software"). Sun makes no representations of a
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relationship of any kind to licensors of Other Software. TO THE
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EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS
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LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR
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SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE
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DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY,
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ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE
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OTHER SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY
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OF SUCH DAMAGES. Some states do not allow the exclusion of
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incidental or consequential damages, so some of the terms above
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may not be applicable to you.
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9.TERMINATION. This Agreement is effective until terminated.
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You may terminate this Agreement at any time by destroying all
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copies of Software. This Agreement will terminate immediately
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without notice from Sun if you fail to comply with any provision
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of this Agreement. Either party may terminate this Agreement
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immediately should any Software become, or in either party's
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opinion be likely to become, the subject of a claim of
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infringement of any intellectual property right. Upon
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Termination, you must destroy all copies of Software.
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10.EXPORT REGULATIONS. All Software and technical data delivered
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under this Agreement are subject to US export control laws and
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may be subject to export or import regulations in other
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countries. You agree to comply strictly with all such laws and
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regulations and acknowledge that you have the responsibility to
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obtain such licenses to export, re-export, or import as may be
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required after delivery to you.
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11.TRADEMARKS AND LOGOS. You acknowledge and agree as between
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you and Sun that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE,
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and iPLANET trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE,
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and iPLANET-related trademarks, service marks, logos and other
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brand designations ("Sun Marks"), and you agree to comply with
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the Sun Trademark and Logo Usage Requirements currently located
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at http://www.sun.com/policies/trademarks. Any use you make of
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the Sun Marks inures to Sun's benefit.
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12.U.S. GOVERNMENT RESTRICTED RIGHTS. If Software is being
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acquired by or on behalf of the U.S. Government or by a U.S.
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Government prime contractor or subcontractor (at any tier), then
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the Government's rights in Software and accompanying
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documentation will be only as set forth in this Agreement; this
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is in accordance with 48 CFR 227.7201 through 227.7202-4 (for
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Department of Defense (DOD) acquisitions) and with 48 CFR 2.101
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and 12.212 (for non-DOD acquisitions).
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13.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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14. SEVERABILITY. If any provision of this Agreement is held to
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be unenforceable, this Agreement will remain in effect with the
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provision omitted, unless omission would frustrate the intent of
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the parties, in which case this Agreement will immediately
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terminate.
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15. INTEGRATION. This Agreement is the entire agreement between
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you and Sun relating to its subject matter. It supersedes all
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prior or contemporaneous oral or written communications,
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proposals, representations and warranties and prevails over any
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conflicting or additional terms of any quote, order,
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acknowledgment, or other communication between the parties
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relating to its subject matter during the term of this
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Agreement. No modification of this Agreement will be binding,
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unless in writing and signed by an authorized representative of
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each party.
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SUPPLEMENTAL LICENSE TERMS
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These Supplemental License Terms add to or modify the terms of
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the Binary Code License Agreement. Capitalized terms not defined
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in these Supplemental Terms shall have the same meanings
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ascribed to them in the Binary Code License Agreement . These
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Supplemental Terms shall supersede any inconsistent or
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conflicting terms in the Binary Code License Agreement, or in
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any license contained within the Software.
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A.Software Internal Use and Development License Grant. Subject
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to the terms and conditions of this Agreement, including, but
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not limited to the Java Technology Restrictions of these
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Supplemental Terms, Sun grants you a non-exclusive,
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non-transferable, limited license without fees to reproduce
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internally and use internally the Software complete and
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unmodified for the purpose of designing, developing, and testing
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your Programs.
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B.License to Distribute Software. Subject to the terms and
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conditions of this Agreement, including, but not limited to the
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Java Technology Restrictions of these Supplemental Terms, Sun
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grants you a non-exclusive, non-transferable, limited license
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without fees to reproduce and distribute the Software, provided
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that (i) you distribute the Software complete and unmodified
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(unless otherwise specified in the applicable README file) and
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only bundled as part of, and for the sole purpose of running,
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your Programs, (ii) the Programs add significant and primary
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functionality to the Software, (iii) you do not distribute
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additional software intended to replace any component(s) of the
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Software (unless otherwise specified in the applicable README
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file), (iv) you do not remove or alter any proprietary legends
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or notices contained in the Software, (v) you only distribute
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the Software subject to a license agreement that protects Sun's
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interests consistent with the terms contained in this Agreement,
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and (vi) you agree to defend and indemnify Sun and its licensors
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from and against any damages, costs, liabilities, settlement
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amounts and/or expenses (including attorneys' fees) incurred in
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connection with any claim, lawsuit or action by any third party
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that arises or results from the use or distribution of any and
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all Programs and/or Software.
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C.License to Distribute Redistributables. Subject to the terms
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and conditions of this Agreement, including but not limited to
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the Java Technology Restrictions of these Supplemental Terms,
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Sun grants you a non-exclusive, non-transferable, limited
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license without fees to reproduce and distribute those files
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specifically identified as redistributable in the Software
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"README" file ("Redistributables") provided that: (i) you
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distribute the Redistributables complete and unmodified (unless
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otherwise specified in the applicable README file), and only
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bundled as part of Programs, (ii) you do not distribute
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additional software intended to supersede any component(s) of
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the Redistributables (unless otherwise specified in the
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applicable README file), (iii) you do not remove or alter any
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proprietary legends or notices contained in or on the
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Redistributables, (iv) you only distribute the Redistributables
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pursuant to a license agreement that protects Sun's interests
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consistent with the terms contained in the Agreement, (v) you
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agree to defend and indemnify Sun and its licensors from and
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against any damages, costs, liabilities, settlement amounts
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and/or expenses (including attorneys' fees) incurred in
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connection with any claim, lawsuit or action by any third party
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that arises or results from the use or distribution of any and
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all Programs and/or Software.
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D.Java Technology Restrictions. You may not modify the Java
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Platform Interface ("JPI", identified as classes contained
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within the "java" package or any subpackages of the "java"
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package), by creating additional classes within the JPI or
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otherwise causing the addition to or modification of the classes
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in the JPI. In the event that you create an additional class
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and associated API(s) which (i) extends the functionality of the
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Java platform, and (ii) is exposed to third party software
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developers for the purpose of developing additional software
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which invokes such additional API, you must promptly publish
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broadly an accurate specification for such API for free use by
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all developers. You may not create, or authorize your licensees
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to create, additional classes, interfaces, or subpackages that
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are in any way identified as "java", "javax", "sun" or similar
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convention as specified by Sun in any naming convention
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designation.
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E.Distribution by Publishers. This section pertains to your
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distribution of the Software with your printed book or magazine
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(as those terms are commonly used in the industry) relating to
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Java technology ("Publication"). Subject to and conditioned upon
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your compliance with the restrictions and obligations contained
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in the Agreement, in addition to the license granted in
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Paragraph 1 above, Sun hereby grants to you a non-exclusive,
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nontransferable limited right to reproduce complete and
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unmodified copies of the Software on electronic media (the
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"Media") for the sole purpose of inclusion and distribution with
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your Publication(s), subject to the following terms: (i) You may
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not distribute the Software on a stand-alone basis; it must be
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distributed with your Publication(s); (ii) You are responsible
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for downloading the Software from the applicable Sun web site;
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(iii) You must refer to the Software as JavaTM 2 Software
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Development Kit, Standard Edition, Version 1.4.2; (iv) The
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Software must be reproduced in its entirety and without any
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modification whatsoever (including, without limitation, the
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Binary Code License and Supplemental License Terms accompanying
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the Software and proprietary rights notices contained in the
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Software); (v) The Media label shall include the following
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information: Copyright 2003, Sun Microsystems, Inc. All rights
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reserved. Use is subject to license terms. Sun, Sun
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Microsystems, the Sun logo, Solaris, Java, the Java Coffee Cup
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logo, J2SE , and all trademarks and logos based on Java are
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trademarks or registered trademarks of Sun Microsystems, Inc. in
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the U.S. and other countries. This information must be placed on
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the Media label in such a manner as to only apply to the Sun
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Software; (vi) You must clearly identify the Software as Sun's
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product on the Media holder or Media label, and you may not
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state or imply that Sun is responsible for any third-party
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software contained on the Media; (vii) You may not include any
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third party software on the Media which is intended to be a
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replacement or substitute for the Software; (viii) You shall
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indemnify Sun for all damages arising from your failure to
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comply with the requirements of this Agreement. In addition, you
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shall defend, at your expense, any and all claims brought
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against Sun by third parties, and shall pay all damages awarded
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by a court of competent jurisdiction, or such settlement amount
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negotiated by you, arising out of or in connection with your
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use, reproduction or distribution of the Software and/or the
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Publication. Your obligation to provide indemnification under
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this section shall arise provided that Sun: (i) provides you
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prompt notice of the claim; (ii) gives you sole control of the
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defense and settlement of the claim; (iii) provides you, at your
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expense, with all available information, assistance and
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authority to defend; and (iv) has not compromised or settled
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such claim without your prior written consent; and (ix) You
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shall provide Sun with a written notice for each Publication;
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such notice shall include the following information: (1) title
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of Publication, (2) author(s), (3) date of Publication, and (4)
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ISBN or ISSN numbers. Such notice shall be sent to Sun
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Microsystems, Inc., 4150 Network Circle, M/S USCA12-110, Santa
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Clara, California 95054, U.S.A , Attention: Contracts
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Administration.
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F.Source Code. Software may contain source code that, unless
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expressly licensed for other purposes, is provided solely for
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reference purposes pursuant to the terms of this Agreement.
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Source code may not be redistributed unless expressly provided
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for in this Agreement.
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G.Third Party Code. Additional copyright notices and license
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terms applicable to portions of the Software are set forth in
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the THIRDPARTYLICENSEREADME.txt file. In addition to any terms
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and conditions of any third party opensource/freeware license
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identified in the THIRDPARTYLICENSEREADME.txt file, the
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disclaimer of warranty and limitation of liability provisions in
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paragraphs 5 and 6 of the Binary Code License Agreement shall
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apply to all Software in this distribution.
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H.Termination for Infringement. Either party may terminate
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this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right.
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For inquiries please contact: Sun Microsystems, Inc., 4150
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Network Circle, Santa Clara, California 95054, U.S.A.
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(LFI#129530/Form ID#011801)
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