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Sun Microsystems, Inc. Binary Code License Agreement
READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL
LICENSE TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE
OPENING THE SOFTWARE MEDIA PACKAGE. BY OPENING THE SOFTWARE
MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU
ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE YOUR
ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT
THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE
TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF
PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED
ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THIS
AGREEMENT.
1. LICENSE TO USE. Sun grants you a non-exclusive and non-
transferable license for the internal use only of the
accompanying software and documentation and any error
corrections provided by Sun (collectively "Software"), by the
number of users and the class of computer hardware for which the
corresponding fee has been paid.
2. RESTRICTIONS Software is confidential and copyrighted.
Title to Software and all associated intellectual property
rights is retained by Sun and/or its licensors. Except as
specifically authorized in any Supplemental License Terms, you
may not make copies of Software, other than a single copy of
Software for archival purposes. Unless enforcement is
prohibited by applicable law, you may not modify, decompile, or
reverse engineer Software. You acknowledge that Software is not
designed, licensed or intended for use in the design,
construction, operation or maintenance of any nuclear facility.
Sun disclaims any express or implied warranty of fitness for
such uses. 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.
3. LIMITED WARRANTY. Sun warrants to you that for a period of
ninety (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.
4. 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.
5. 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.
6. Termination. This Agreement is effective until terminated.
You may terminate this Agreement at any time by destroying all
copies of Software. This Agreement will terminate immediately
without notice from Sun if you fail to comply with any provision
of this Agreement. Upon Termination, you must destroy all
copies of Software.
7. Export Regulations. All Software and technical data
delivered under this Agreement are subject to US export control
laws and may be subject to export or import regulations in other
countries. You agree to comply strictly with all such laws and
regulations and acknowledge that you have the responsibility to
obtain such licenses to export, re-export, or import as may be
required after delivery to you.
8. 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).
9. 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.
10. 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.
11. Integration. This Agreement 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.
For inquiries please contact: Sun Microsystems, Inc. 901 San
Antonio Road, Palo Alto, California 94303
=================================================================
JAVA(TM) DEVELOPMENT TOOLS
JAVAC COMPILER
SUPPLEMENTAL LICENSE TERMS
These supplemental license terms ("Supplemental Terms") add to
or modify the terms of the Binary Code License Agreement
(collectively, the "Agreement") for the javac compiler ("Javac
Compiler Software"). Capitalized terms not defined in these
Supplemental Terms shall have the same meanings ascribed to them
in the Agreement. These Supplemental Terms shall supersede any
inconsistent or conflicting terms in the Agreement, or in any
license contained within the Javac Compiler Software.
1. Internal Use and Development License Grant. Subject to the
terms and conditions of this Agreement, including, but not
limited to, Section 3 (JavaTM Technology Restrictions) of these
Supplemental Terms, Sun grants you a non-exclusive, non-
transferable, limited license to reproduce internally and use
internally the binary form of the Javac Compiler Software for
the sole purpose of designing, developing and testing your
JavaTM applets and applications intended to run on a compatible
JavaTM platform (the "Programs")
2. License to Distribute Software. In addition to the license
granted in Section 1 (Internal Use and Development License
Grant) of these Supplemental Terms, subject to the terms and
conditions of this Agreement, Sun grants you a non-exclusive,
non- transferable, limited license to reproduce and distribute
the Javac Compiler Software in binary code form only, provided
that you (i) distribute the Javac Compiler Software complete and
unmodified, only bundled for the sole purpose of running your
Programs into which the Javac Compiler Software is incorporated,
(ii) do not distribute additional software intended to replace
any component(s) of the Javac Compiler Software, (iii) do not
remove or alter any proprietary legends or notices contained in
the Javac Compiler Software, (iv) only distribute the Javac
Compiler Software subject to a license agreement that protects
Sun's interests consistent with the terms contained in this
Agreement, and (v) agree to defend and indemnify Sun and its
licensors from and against any damages, costs, liabilities,
settlement amounts and/ or expenses (including attorneys' fees)
incurred in connection with any claim, lawsuit or action by any
third party that arises or results from the use or distribution
of any and all Programs and/or Javac Compiler Software.
3. JavaTM Technology Restrictions. You may not modify the JavaTM
Platform Interface ("JPI", identified as classes contained
within the "java" package or any subpackages of the "java"
package), by creating additional classes within the JPI or
otherwise causing the addition to or modification of the classes
in the JPI. In the event that you create an additional class
and associated API(s) which (i) extends the functionality of the
JavaTM Platform, and (ii) is exposed to third party software
developers for the purpose of developing additional software
which invokes such additional API, you must promptly publish
broadly an accurate specification for such API for free use by
all developers. You may not create, or authorize your licensees
to create additional classes, interfaces, or subpackages that
are in any way identified as "java", "javax", "sun" or similar
convention as specified by Sun in any naming convention
designation. For a particular version of the Java platform, any
executable output generated the Javac Compiler Software must (i)
only be compiled from source code that conforms to the
corresponding version of the OEM Java Language Specification;
(ii) be in the class file format defined by the corresponding
version of the OEM Java Virtual Machine Specification; and (iii)
execute properly on a reference runtime, as specified by Sun,
associated with such version of the Java platform.
4. JavaTM Runtime Availability. Refer to the appropriate
version of the JavaTM Runtime Environment binary code license
(currently located at http://www.java.sun.com/jdk/index.html)
for the availability of runtime code which may be distributed
with JavaTM applets and applications.
5. Trademarks and Logos. You acknowledge and agree as between
you and Sun that Sun owns the JavaTM trademark and all Java-
related trademarks, service marks, logos and other brand
designations including the Coffee Cup logo and Duke logo
("JavaTM Marks") and you agree to comply with the Sun Trademark
and Logo Usage Requirements currently located at
http://www.sun.com/policies/trademarks. Any use you make of the
JavaTM Marks inures to Sun's benefit.
6. Source Code. The Javac Compiler Software may contain source
code that is provided solely for reference purposes pursuant to
the terms of this Agreement. Source code may not be
redistributed.
7. Termination. Either party may terminate this Agreement
immediately should any Javac Compiler Software become, or in
either party's opinion be likely to become, the subject of a
claim of infringement of a patent, trade secret, copyright or
other
intellectual property right.
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