172 lines
10 KiB
Text
172 lines
10 KiB
Text
JavaTM 2 SDK v1.3. Binary Code License Agreement
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PLEASE READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE
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TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA
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PACKAGE. BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO ALL OF THE TERMS OF
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THIS AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE YOUR
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ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS
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AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE TERMS, PROMPTLY RETURN THE UNUSED
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SOFTWARE TO YOUR PLACE OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED
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ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AND THE INSTALLATION PROCESS WILL
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NOT CONTINUE.
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1. License to Use. Sun Microsystems, Inc. ("Sun") grants you a non-exclusive and
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nontransferable license for the internal use only of the accompanying software,
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documentation and any error corrections provided by Sun (collectively
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"Software"), by the number of users and the class of computer hardware for which
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the corresponding fee has been paid.
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2. Restrictions. Software is confidential and copyrighted. Title to Software and
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all associated intellectual property rights is retained by Sun and/or its
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licensors. Except as specifically authorized in any Supplemental License Terms,
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you may not make copies of Software, other than a single copy of Software for
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archival purposes. Unless enforcement is prohibited by applicable law, you may
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not modify, decompile, or reverse engineer Software. You acknowledge that
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Software is not designed, licensed or intended for use in the design,
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construction, operation or maintenance of any nuclear facility. Sun disclaims
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any express or implied warranty of fitness for such uses. No right, title or
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interest in or to any trademark, service mark, logo or trade name of Sun or its
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licensors is granted under this Agreement.
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3. Limited Warranty. Sun warrants to you that for a period of ninety (90) days
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from the date of purchase, as evidenced by a copy of the receipt, the media on
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which Software is furnished (if any) will be free of defects in materials and
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workmanship under normal use. Except for the foregoing, Software is provided "AS
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IS". Your exclusive remedy and Sun's entire liability under this limited
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warranty will be at Sun's option to replace Software media or refund the fee
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paid for Software.
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4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR
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IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED
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WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
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NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE
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HELD TO BE LEGALLY INVALID.
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5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT
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WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR
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SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED
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REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF
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OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF
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SUCH DAMAGES. In no event will Sun's liability to you, whether in contract, tort
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(including negligence), or otherwise, exceed the amount paid by you for Software
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under this Agreement. The foregoing limitations will apply even if the above
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stated warranty fails of its essential purpose.
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6. Termination. This Agreement is effective until terminated. You may terminate
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this Agreement at any time by destroying all copies of Software. This Agreement
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will terminate immediately without notice from Sun if you fail to comply with
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any provision of this Agreement. Upon Termination, you must destroy all copies
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of Software.
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7. Export Regulations. All Software and technical data delivered under this
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Agreement are subject to US export control laws and may be subject to export or
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import regulations in other countries. You agree to comply strictly with all
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such laws and 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 required after
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delivery to you.
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8. U.S. Government Restricted Rights. If Software is being acquired by or on
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behalf of the U.S. Government or by a U.S. Government prime contractor or
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subcontractor (at any tier), then the Government's rights in Software and
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accompanying documentation will be only as set forth in this Agreement; this is
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in accordance with 48 C.F.R. 227.7202-4 (for Department of Defense (DOD)
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acquisitions) and with 48 C.F.R. 2.101 and 12.212 (for non-DOD acquisitions).
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9. Governing Law. Any action related to this Agreement will be governed by
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California law and controlling U.S. federal law. No choice of law rules of any
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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 omitted,
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unless omission would frustrate the intent of the parties, in which case this
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Agreement will immediately terminate.
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11. Integration. This Agreement is the entire agreement between you and Sun
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relating to its subject matter. It supersedes all prior or contemporaneous oral
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or written communications, proposals, representations and warranties and
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prevails over any conflicting or additional terms of any quote, order,
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acknowledgment, or other communication between the parties relating to its
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subject matter during the term of this Agreement. No modification of this
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Agreement 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 Road, Palo
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Alto, California 94303
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================================================================================
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JAVATM 2 SOFTWARE DEVELOPMENT KIT STANDARD EDITION VERSION 1.3
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SUPPLEMENTAL LICENSE TERMS
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These supplemental license terms ("Supplemental Terms") add to or modify the
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terms of the Binary Code License Agreement (collectively, the "Agreement").
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Capitalized terms not defined in these Supplemental Terms shall have the same
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meanings ascribed to them in the Agreement. These Supplemental Terms shall
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supersede any inconsistent or conflicting terms in the Agreement, or in any
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license contained within the Software.
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1. Internal Use and Development License Grant. Subject to the terms and
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conditions of this Agreement, including, but not limited to, Section 2
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(Redistributables) and Section 4 (Java Technology Restrictions) of these
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Supplemental Terms, Sun grants you a non-exclusive, nontransferable, limited
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license to reproduce the Software for internal use only for the sole purpose of
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development of your JAVATM applet and application ("Program"), provided that you
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do not redistribute the Software in whole or in part, either separately or
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included with any Program.
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2. Redistributables. In addition to the license granted in Paragraph 1 above,
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Sun grants you a non-exclusive, nontransferable, limited license to reproduce
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and distribute, only as part of your separate copy of JAVATM 2 RUNTIME
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ENVIRONMENT STANDARD EDITION VERSION 1.3 software, those files specifically
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identified as redistributable in the JAVATM 2 RUNTIME ENVIRONMENT STANDARD
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EDITION VERSION 1.3 "README" file (the "Redistributables") provided that: (a)
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you distribute the Redistributables complete and unmodified (unless otherwise
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specified in the applicable README file), and only bundled as part of the JAVATM
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applets and applications that you develop (the "Programs:); (b) you do not
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distribute additional software intended to supersede any component(s) of the
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Redistributables; (c) you do not remove or alter any proprietary legends or
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notices contained in or on the Redistributables; (d) you only distribute the
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Redistributables pursuant to a license agreement that protects Sun's interests
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consistent with the terms contained in the Agreement, and (e) you agree to
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defend and indemnify Sun and its licensors from and against any damages, costs,
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liabilities, settlement amounts and/or expenses (including attorneys' fees)
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incurred in connection with any claim, lawsuit or action by any third party that
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arises or results from the use or distribution of any and all Programs and/or
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Software.
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3. Separate Distribution License Required. You understand and agree that you
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must first obtain a separate license from Sun prior to reproducing or modifying
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any portion of the Software other than as provided with respect to
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Redistributables in Paragraph 2 above.
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4. Java Technology Restrictions. You may not modify the Java Platform Interface
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("JPI", identified as classes contained within the "java" package or any
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sub-packages of the "java" package), by creating additional classes within the
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JPI or otherwise causing the addition to or modification of the classes in the
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JPI. In the event that you create an additional class and associated API(s)
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which (i) extends the functionality of a Java environment, and (ii) is exposed
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to third party software developers for the purpose of developing additional
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software, which invokes such additional API, you must promptly publish broadly
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an accurate specification for such API for free use by all developers. You may
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not create, or authorize your licensees to create additional classes,
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interfaces, or sub-packages that are in any way identified as "java", "javax",
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"sun" or similar convention as specified by Sun in any class file naming
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convention. Refer to the appropriate version of the Java Runtime Environment
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binary code license (currently located at
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http://www.java.sun.com/jdk/index.html) for the availability of runtime
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code which may be distributed with Java applets and applications.
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5. Trademarks and Logos. You acknowledge and agree as between you and Sun that
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Sun owns the Java trademark and all Java-related trademarks, service marks,
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logos and other brand designations including the Coffee Cup logo and Duke logo
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("Java Marks"), and you agree to comply with the Sun Trademark and Logo Usage
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Requirements currently located at http://www.sun.com/policies/trademarks. Any
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use you make of the Java Marks inures to Sun's benefit.
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6. Source Code. Software may contain source code that is provided solely for
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reference purposes pursuant to the terms of this Agreement.
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7. Termination. Sun may terminate this Agreement immediately should any Software
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become, or in Sun's opinion be likely to become, the subject of a claim of
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infringement of a patent, trade secret, copyright or other intellectual property
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right.
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