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authorMichael Sterrett <mr_bones_@gentoo.org>2010-02-14 21:37:47 +0000
committerMichael Sterrett <mr_bones_@gentoo.org>2010-02-14 21:37:47 +0000
commit024ee90e03c7ca087f149d35b7f0c1771c612265 (patch)
treed784ef5f665bbbec0ae120d5300f9643322430f9 /licenses
parentVersion bump. Clean up old revisions. (diff)
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-Sun Microsystems, Inc. (“Sun”)
-SOFTWARE LICENSE AGREEMENT
-
-READ THE TERMS OF THIS AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE OPENING
-SOFTWARE MEDIA PACKAGE. BY OPENING SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE
-TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING SOFTWARE ELECTRONICALLY,
-INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE “ACCEPT” (OR
-EQUIVALENT) BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL
-OF THE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE
-FOR A REFUND OR, IF SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE
-“DECLINE” (OR EQUIVALENT) BUTTON AT THE END OF THIS AGREEMENT. IF YOU HAVE
-SEPARATELY AGREED TO LICENSE TERMS (“MASTER TERMS”) FOR YOUR LICENSE TO THIS
-SOFTWARE, THEN SECTIONS 1-6 OF THIS AGREEMENT (“SUPPLEMENTAL LICENSE TERMS”)
-SHALL SUPPLEMENT AND SUPERSEDE THE MASTER TERMS IN RELATION TO THIS
-SOFTWARE.
-
-1. Definitions.
- (a) “Entitlement” means the collective set of applicable documents
- authorized by Sun evidencing your obligation to pay associated fees
- (if any) for the license, associated Services, and the authorized
- scope of use of Software under this Agreement.
- (b) “Licensed Unit” means the unit of measure by which your use of
- Software and/or Service is licensed, as described in your Entitlement.
- (c) “Permitted Use” means the licensed Software use(s) authorized in this
- Agreement as specified in your Entitlement. The Permitted Use for any
- bundled Sun software not specified in your Entitlement will be
- evaluation use as provided in Section 3.
- (d) “Service” means the service(s) that Sun or its delegate will provide,
- if any, as selected in your Entitlement and as further described in
- the applicable service listings at www.sun.com/service/servicelist.
- (e) “Software” means the Sun software described in your Entitlement.
- Also, certain software may be included for evaluation use under
- Section 3.
- (f) “You” and “Your” means the individual or legal entity specified in
- the Entitlement, or for evaluation purposes, the entity performing
- the evaluation.
-
-2. License Grant and Entitlement.
- Subject to the terms of your Entitlement, Sun grants you a nonexclusive,
- nontransferable limited license to use Software for its Permitted Use for
- the license term. Your Entitlement will specify (a) Software licensed,
- (b) the Permitted Use, (c) the license term, and (d) the Licensed Units.
- Additionally, if your Entitlement includes Services, then it will also
- specify the (e) Service and (f) service term.
- If your rights to Software or Services are limited in duration and the
- date such rights begin is other than the purchase date, your Entitlement
- will provide that beginning date(s).
- The Entitlement may be delivered to you in various ways depending on the
- manner in which you obtain Software and Services, for example, the
- Entitlement may be provided in your receipt, invoice or your contract
- with Sun or authorized Sun reseller. It may also be in electronic format
- if you download Software.
-
-3. Permitted Use.
- As selected in your Entitlement, one or more of the following Permitted
- Uses will apply to your use of Software. Unless you have an Entitlement
- that expressly permits it, you may not use Software for any of the other
- Permitted Uses. If you don't have an Entitlement, or if your Entitlement
- doesn’t cover additional software delivered to you, then such software is
- for your Evaluation Use.
- (a) Evaluation Use. You may evaluate Software internally for a period of
- 90 days from your first use.
- (b) Research and Instructional Use. You may use Software internally to
- design, develop and test, and also to provide instruction on such
- uses.
- (c) Individual Use. You may use Software internally for personal,
- individual use.
- (d) Commercial Use. You may use Software internally for your own
- commercial purposes.
- (e) Service Provider Use. You may make Software functionality accessible
- (but not by providing Software itself or through outsourcing
- services) to your end users in an extranet deployment, but not to
- your affiliated companies or to government agencies.
-
-4. Licensed Units.
- Your Permitted Use is limited to the number of Licensed Units stated in
- your Entitlement. If you require additional Licensed Units, you will need
- additional Entitlement(s).
-
-5. Restrictions.
- (a) The copies of Software provided to you under this Agreement are
- licensed, not sold, to you by Sun. Sun reserves all rights not expressly
- granted. (b) You may make a single archival copy of Software, but
- otherwise may not copy, modify, or distribute Software. However if the
- Sun documentation accompanying Software lists specific portions of
- Software, such as header files, class libraries, reference source code,
- and/or redistributable files, that may be handled differently, you may do
- so only as provided in the Sun documentation. (c) You may not rent,
- lease, lend or encumber Software. (d) Unless enforcement is prohibited by
- applicable law, you may not decompile, or reverse engineer Software. (e)
- The terms and conditions of this Agreement will apply to any Software
- updates, provided to you at Sun’s discretion, that replace and/or
- supplement the original Software, unless such update contains a separate
- license. (f) You may not publish or provide the results of any benchmark
- or comparison tests run on Software to any third party without the prior
- written consent of Sun. (g) Software is confidential and
- copyrighted. (h) Unless otherwise specified, if Software is delivered
- with embedded or bundled software that enables functionality of Software,
- you may not use such software on a stand-alone basis or use any portion
- of such software to interoperate with any program(s) other than
- Software. (i) Software may contain programs that perform automated
- collection of system data and/or automated software updating
- services. System data collected through such programs may be used by Sun,
- its subcontractors, and its service delivery partners for the purpose of
- providing you with remote system services and/or improving Sun’s software
- and systems. (j) Software is not designed, licensed or intended for use
- in the design, construction, operation or maintenance of any nuclear
- facility and Sun and its licensors disclaim any express or implied
- warranty of fitness for such uses. (k) No right, title or interest in or
- to any trademark, service mark, logo or trade name of Sun or its
- licensors is granted under this Agreement.
- 6. Java Compatibility and Open Source.
- Software may contain Java technology. You may not create additional
- classes to, or modifications of, the Java technology, except under
- compatibility requirements available under a separate agreement
- available at www.java.net.
- Sun supports and benefits from the global community of open source
- developers, and thanks the community for its important contributions and
- open standards-based technology, which Sun has adopted into many of its
- products.
- Please note that portions of Software may be provided with notices and
- open source licenses from such communities and third parties that govern
- the use of those portions, and any licenses granted hereunder do not
- alter any rights and obligations you may have under such open source
- licenses, however, the disclaimer of warranty and limitation of
- liability provisions in this Agreement will apply to all Software in
- this distribution.
-
-7. Term and Termination.
- The license and service term are set forth in your Entitlement(s). Your
- rights under this Agreement will terminate immediately without notice
- from Sun if you materially breach it or take any action in derogation of
- Sun’s and/or its licensors’ rights to Software. Sun may terminate this
- Agreement should any Software become, or in Sun's reasonable opinion
- likely to become, the subject of a claim of intellectual property
- infringement or trade secret misappropriation. Upon termination, you
- will cease use of, and destroy, Software and confirm compliance in
- writing to Sun. Sections 1, 5, 6, 7, and 9-15 will survive termination
- of the Agreement.
-
-8. Limited Warranty.
- Sun warrants to you that for a period of 90 days from the date of
- purchase, as evidenced by a copy of the receipt, the media on which
- Software is furnished (if any) will be free of defects in materials and
- workmanship under normal use. Except for the foregoing, Software is
- provided “AS IS”. Your exclusive remedy and Sun’s entire liability under
- this limited warranty will be at Sun’s option to replace Software media
- or refund the fee paid for Software. Some states do not allow
- limitations on certain implied warranties, so the above may not apply to
- you. This limited warranty gives you specific legal rights. You may have
- others, which vary from state to state.
-
-9. Disclaimer of Warranty.
- UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,
- REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF
- MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT
- ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO
- BE LEGALLY INVALID.
-
-10. Limitation of Liability.
- TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS
- LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR
- SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES,
- HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR
- RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN
- ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun’s
- liability to you, whether in contract, tort (including negligence), or
- otherwise, exceed the amount paid by you for Software under this
- Agreement. The foregoing limitations will apply even if the above stated
- warranty fails of its essential purpose. Some states do not allow the
- exclusion of incidental or consequential damages, so some of the terms
- above may not be applicable to you.
-
-11. Export Regulations.
- All Software, documents, technical data, and any other materials
- delivered under this Agreement are subject to U.S. export control laws
- and may be subject to export or import regulations in other
- countries. You agree to comply strictly with these laws and regulations
- and acknowledge that you have the responsibility to obtain any licenses
- to export, re-export, or import as may be required after delivery to
- you.
-
-12. U.S. Government Restricted Rights.
- If Software is being acquired by or on behalf of the U.S. Government or
- by a U.S. Government prime contractor or subcontractor (at any tier),
- then the Government’s rights in Software and accompanying documentation
- will be only as set forth in this Agreement; this is in accordance with
- 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD)
- acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD
- acquisitions).
-
-13. Governing Law.
- Any action related to this Agreement will be governed by California law
- and controlling U.S. federal law. No choice of law rules of any
- jurisdiction will apply.
-
-14. Severability.
- If any provision of this Agreement is held to be unenforceable, this
- Agreement will remain in effect with the provision omitted, unless
- omission would frustrate the intent of the parties, in which case this
- Agreement will immediately terminate.
-
-15. Integration.
- This Agreement, including any terms contained in your Entitlement, is
- the entire agreement between you and Sun relating to its subject
- matter. It supersedes all prior or contemporaneous oral or written
- communications, proposals, representations and warranties and prevails
- over any conflicting or additional terms of any quote, order,
- acknowledgment, or other communication between the parties relating to
- its subject matter during the term of this Agreement. No modification of
- this Agreement will be binding, unless in writing and signed by an
- authorized representative of each party.
-
-Please contact Sun Microsystems, Inc. 4150 Network Circle, Santa Clara,
-California 95054 if you have questions.