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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, reverse engineer Software. Software is not designed or
licensed for use in on-line control of aircraft, air traffic, aircraft
navigation or aircraft communications; or in the design, construction,
operation or maintenance of any nuclear facility. You warrant that
you will not use Software for these purposes. 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. Use, duplication, or
disclosure by the U.S. Government is subject to restrictions set forth
in this Agreement and as provided in DFARS 227.7202-1 (a) and
227.7202-3(a) (1995), DFARS 252.227-7013 (c)(1)(ii)(Oct 1988), FAR
12.212 (a) (1995), FAR 52.227-19 (June 1987), or FAR 52.227-14(ALT
III) (June 1987), as applicable.
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) 2 SDK, STANDARD EDITION, VERSION 1.2.2
SUPPLEMENTAL LICENSE TERMS
These supplemental terms ("Supplement") add to the terms of the Binary
Code License Agreement ("Agreement"). Capitalized terms not defined
herein shall have the same meanings ascribed to them in the Agreement.
The Supplement terms shall supersede any inconsistent or conflicting
terms in the Agreement.
1. Limited License Grant. Sun grants to you a non-exclusive,
non-transferable limited license to use the Software without fee for
evaluation of the Software and for development of Java(TM) applets and
applications provided that you: (i) may not re-distribute the Software
in whole or in part, either separately or included with a
product. (ii) may not create, or authorize your licensees to create
additional classes, interfaces, or subpackages that are contained in
the "java" or "sun" packages or similar as specified by Sun in any
class file naming convention; and (iii) agree to the extent Programs
are developed which utilize the Windows 95/98 style graphical user
interface or components contained therein, such applets or
applications may only be developed to run on a Windows 95/98 or
Windows NT platform. Refer to the Java 2 Runtime Environment Version
1.2.2 binary code license
(http://java.sun.com/products/jdk/1.2/jre/LICENSE) for the availability
of runtime code which may be distributed with Java applets and
applications.
2. Java Platform Interface. In the event that Licensee creates an
additional API(s) which: (i) extends the functionality of a
Java Environment; and, (ii) is exposed to third party software
developers for the purpose of developing additional software which
invokes such additional API, Licensee must promptly publish broadly an
accurate specification for such API for free use by all developers.
3. Trademarks and Logos. This Agreement does not authorize Licensee to
use any Sun name, trademark or logo. Licensee acknowledges as between
it and Sun that Sun owns the Java trademark and all Java-related
trademarks, logos and icons including the Coffee Cup and Duke ("Java
Marks") and agrees to comply with the Java Trademark Guidelines at
http://java.sun.com/trademarks.html.
4. High Risk Activities. Notwithstanding Section 2, with respect to
high risk activities, the following language shall apply: the Software
is not designed or intended for use in on-line control of aircraft,
air traffic, aircraft navigation or aircraft communications; or in the
design, construction, operation or maintenance of any nuclear
facility. Sun disclaims any express or implied warranty of fitness for
such uses.
5. Source Code. Software may contain source code that is provided
solely for reference purposes pursuant to the terms of this Agreement.
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