116 lines
6.3 KiB
Text
116 lines
6.3 KiB
Text
Java Foundation Classes Version 1.1 Binary Code License Agreement
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SUN MICROSYSTEMS, INC., THROUGH ITS JAVASOFT BUSINESS ("SUN"), IS
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WILLING TO LICENSE THE ACCOMPANYING JAVA FOUNDATION CLASSES VERSION
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1.1 SOFTWARE AND ASSOCIATED DOCUMENTATION INCLUDING AUTHORIZED COPIES
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OF EACH (THE "SOFTWARE") TO YOU ("LICENSEE") ONLY ON THE CONDITION
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THAT LICENSEE ACCEPTS ALL OF THE TERMS IN THIS AGREEMENT
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PLEASE READ THE TERMS CAREFULLY BEFORE INSTALLING THE SOFTWARE. BY
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INSTALLING THE SOFTWARE, LICENSEE ACKNOWLEDGES THAT LICENSEE HAS READ
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AND UNDERSTANDS THIS AGREEMENT AND AGREES TO BE BOUND BY ITS TERMS AND
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CONDITIONS.
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IF LICENSEE DOES NOT ACCEPT THESE LICENSE TERMS, THEN SUN DOES NOT
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GRANT ANY LICENSE TO THE SOFTWARE, AND LICENSEE MUST NOT INSTALL THE
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SOFTWARE.
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1. License to Distribute. Licensee is granted a royalty-free right to
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reproduce and distribute the Software provided that Licensee: (i)
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distributes the Software, in whole or in part, only when incorporated
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into Licensee's value-added applet or application ("Program"); (ii)
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does not distribute additional software intended to replace any
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component(s) of the Software; (iii) does not remove or alter any
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proprietary legends or notices contained in the Software; (iv)
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includes the provisions of Sections 2, 3, 4, 5, 7 and 8 in or in
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addition to Licensee's license agreement for the Program; (v) to the
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extent Programs are developed which utilize the Windows 95 style
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graphical user interface or components contained therein, such applets
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or applications may only be developed to run on a Windows 95 or
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Windows NT platform; and (vi) agrees 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. Restrictions. Software is confidential copyrighted information of
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Sun and title to all copies is retained by Sun and/or its
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licensors. Licensee shall not decompile, disassemble, decrypt,
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extract, or otherwise reverse engineer Software. Software may not be
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leased, assigned, or sublicensed, in whole or in part. Software is not
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designed or intended for use in on-line control of aircraft, air
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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. Licensee warrants that it will not use or redistribute the
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Software for such purposes.
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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 that Sun
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owns the Java trademark and all Java-related trademarks, logos and
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icons including the Coffee Cup and Duke ("Java Marks") and agrees to:
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(i) comply with the Java Trademark Guidelines at
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http://java.sun.com/trademarks.html; (ii) not do anything harmful to
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or inconsistent with Sun's rights in the Java Marks; and (iii) assist
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Sun in protecting those rights, including assigning to Sun any rights
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acquired by Licensee in any Java Mark.
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4. Disclaimer of Warranty. Software is provided "AS IS," without a
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warranty of any kind. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND
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WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS
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FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED.
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5. Limitation of Liability. SUN AND ITS LICENSORS SHALL NOT BE LIABLE
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FOR ANY DAMAGES SUFFERED BY LICENSEE OR ANY THIRD PARTY AS A RESULT OF
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USING OR DISTRIBUTING SOFTWARE. IN NO EVENT WILL SUN OR ITS LICENSORS
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BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT,
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INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES,
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HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT
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OF THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN
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ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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6. Termination. Licensee may terminate this Agreement at any time by
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destroying all copies of Software. This Agreement will terminate
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immediately without notice from Sun if Licensee fails to comply with
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any provision of this Agreement. Upon such termination, Licensee must
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destroy all copies of Software in its possession.
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7. Export Regulations. Software, including technical data, is subject
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to U.S. export control laws, including the U.S. Export Administration
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Act and its associated regulations, and may be subject to export or
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import regulations in other countries. Licensee agrees to comply
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strictly with all such regulations and acknowledges that it has the
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responsibility to obtain licenses to export, re-export, or import
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Software. Software may not be downloaded, or otherwise exported or
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re-exported (i) into, or to a national or resident of, Cuba, Iraq,
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Iran, North Korea, Libya, Sudan, Syria or any country to which the
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U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury
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Department's list of Specially Designated Nations or the U.S. Commerce
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Department's Table of Denial Orders.
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8. Restricted Rights. Use, duplication or disclosure by the United
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States government is subject to the restrictions as set forth in the
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Rights in Technical Data and Computer Software Clauses in DFARS
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252.227-7013(c) (1) (ii) and FAR 52.227-19(c) (2) 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 choice
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of law rules of any jurisdiction will apply.
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10. Severability. If any of the above provisions are held to be in
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violation of applicable law, void, or unenforceable in any
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jurisdiction, then such provisions are herewith waived or amended to
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the extent necessary for the Agreement to be otherwise enforceable in
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such jurisdiction. However, if in Sun's opinion deletion or amendment
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of any provisions of the Agreement by operation of this paragraph
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unreasonably compromises the rights or increase the liabilities of Sun
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or its licensors, Sun reserves the right to terminate the Agreement.
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11. Entire Agreement. This Agreement is the parties' entire agreement
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relating to the Software. It supersedes all prior or contemporaneous
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oral or written communications, proposals, warranties, and
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representations with respect to its subject matter, and following
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Licensee's acceptance of this license by clicking on the "Accept"
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Button, will prevail over any conflicting or additional terms of any
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quote, order, acknowledgment, or any other communications by or
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between the parties. No modification to this Agreement will be
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binding, unless in writing and signed by an authorized representative
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of each party.
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