Sun Microsystems, Inc. Binary Code License Agreement
for the JAVA 2 PLATFORM STANDARD EDITION RUNTIME ENVIRONMENT
5.0
SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE
SOFTWARE IDENTIFIED BELOW TO YOU ONLY UPON THE CONDITION
THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS BINARY
CODE LICENSE AGREEMENT AND SUPPLEMENTAL LICENSE TERMS
(COLLECTIVELY "AGREEMENT"). PLEASE READ THE AGREEMENT
CAREFULLY. BY DOWNLOADING OR INSTALLING THIS SOFTWARE, YOU
ACCEPT THE TERMS OF THE AGREEMENT. INDICATE ACCEPTANCE BY
SELECTING THE "ACCEPT" BUTTON AT THE BOTTOM OF THE
AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY ALL THE
TERMS, SELECT THE "DECLINE" BUTTON AT THE BOTTOM OF THE
AGREEMENT AND THE DOWNLOAD OR INSTALL PROCESS WILL NOT
CONTINUE.
1. DEFINITIONS. "Software" means the identified above in
binary form, any other machine readable materials
(including, but not limited to, libraries, source files,
header files, and data files), any updates or error
corrections provided by Sun, and any user manuals,
programming guides and other documentation provided to you
by Sun under this Agreement. "Programs" mean Java applets
and applications intended to run on the Java 2 Platform
Standard Edition (J2SE platform) platform on Java-enabled
general purpose desktop computers and servers.
2. LICENSE TO USE. Subject to the terms and conditions of
this Agreement, including, but not limited to the Java
Technology Restrictions of the Supplemental License Terms,
Sun grants you a non-exclusive, non-transferable, limited
license without license fees to reproduce and use internally
Software complete and unmodified for the sole purpose of
running Programs. Additional licenses for developers and/or
publishers are granted in the Supplemental License Terms.
3. RESTRICTIONS. Software is confidential and copyrighted.
Title to Software and all associated intellectual property
rights is retained by Sun and/or its licensors. Unless
enforcement is prohibited by applicable law, you may not
modify, decompile, or reverse engineer Software. You
acknowledge that Licensed Software is not designed or
intended for use in the design, construction, operation or
maintenance of any nuclear facility. Sun Microsystems, Inc.
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. Additional
restrictions for developers and/or publishers licenses are
set forth in the Supplemental License Terms.
4. 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. Any implied warranties on the Software
are limited to 90 days. Some states do not allow
limitations on duration of an implied warranty, 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.
5. 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.
6. 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.
7. 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. Either party
may terminate this Agreement immediately should any Software
become, or in either party's opinion be likely to become,
the subject of a claim of infringement of any intellectual
property right. Upon Termination, you must destroy all
copies of Software.
8. 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.
9. TRADEMARKS AND LOGOS. You acknowledge and agree as
between you and Sun that Sun owns the SUN, SOLARIS, JAVA,
JINI, FORTE, and iPLANET trademarks and all SUN, SOLARIS,
JAVA, JINI, FORTE, and iPLANET-related trademarks, service
marks, logos and other brand designations ("Sun 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 Sun Marks inures to Sun's benefit.
10. 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).
11. 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.
12. 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.
13. 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.
SUPPLEMENTAL LICENSE TERMS These Supplemental License Terms
add to or modify the terms of the Binary Code License
Agreement. Capitalized terms not defined in these
Supplemental Terms shall have the same meanings ascribed to
them in the Binary Code License Agreement . These
Supplemental Terms shall supersede any inconsistent or
conflicting terms in the Binary Code License Agreement, or
in any license contained within the Software.
A. Software Internal Use and Development License Grant.
Subject to the terms and conditions of this Agreement and
restrictions and exceptions set forth in the Software
"README" file incorporated herein by reference, including,
but not limited to the Java Technology Restrictions of these
Supplemental Terms, Sun grants you a non-exclusive,
non-transferable, limited license without fees to reproduce
internally and use internally the Software complete and
unmodified for the purpose of designing, developing, and
testing your Programs.
B. License to Distribute Software. Subject to the terms
and conditions of this Agreement and restrictions and
exceptions set forth in the Software README file, including,
but not limited to the Java Technology Restrictions of these
Supplemental Terms, Sun grants you a non-exclusive,
non-transferable, limited license without fees to reproduce
and distribute the Software, provided that (i) you
distribute the Software complete and unmodified and only
bundled as part of, and for the sole purpose of running,
your Programs, (ii) the Programs add significant and primary
functionality to the Software, (iii) you do not distribute
additional software intended to replace any component(s) of
the Software, (iv) you do not remove or alter any
proprietary legends or notices contained in the Software,
(v) you only distribute the Software subject to a license
agreement that protects Sun's interests consistent with the
terms contained in this Agreement, and (vi) you 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 Software.
C. Java Technology Restrictions. You may not create,
modify, or change the behavior of, or authorize your
licensees to create, modify, or change the behavior of,
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.
D. Source Code. Software may contain source code that,
unless expressly licensed for other purposes, is provided
solely for reference purposes pursuant to the terms of this
Agreement. Source code may not be redistributed unless
expressly provided for in this Agreement.
E. Third Party Code. Additional copyright notices and
license terms applicable to portions of the Software are set
forth in the THIRDPARTYLICENSEREADME.txt file. In addition
to any terms and conditions of any third party
opensource/freeware license identified in the
THIRDPARTYLICENSEREADME.txt file, the disclaimer of warranty
and limitation of liability provisions in paragraphs 5 and 6
of the Binary Code License Agreement shall apply to all
Software in this distribution.
F. Termination for Infringement. Either party may
terminate this Agreement immediately should any Software
become, or in either party's opinion be likely to become,
the subject of a claim of infringement of any intellectual
property right.
G. Installation and Auto-Update. The Software's
installation and auto-update processes transmit a limited
amount of data to Sun (or its service provider) about those
specific processes to help Sun understand and optimize them.
Sun does not associate the data with personally identifiable
information. You can find more information about the data
Sun collects at http://java.com/data/.
For inquiries please contact: Sun Microsystems, Inc., 4150
Network Circle, Santa Clara, California 95054, U.S.A.
(LFI#143333/Form ID#011801) |
