JavaTM Media Framework (JMF) 2.1.x
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 OF THE 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 Microsystems, Inc. ("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 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 C.F.R. 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.
JavaTM Media Framework (JMF) 2.1.x
Supplemental License Terms
These supplemental license terms ("Supplemental Terms") add to or modify the terms of the
Binary Code License Agreement (collectively, the "Agreement"). 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 Software.
1. Software Internal Use and Development License Grant. Subject to the terms and conditions
of this Agreement, including, but not limited to Section 3 (Java 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 Software, complete and
unmodified, for the sole purpose of designing, developing and testing your Java applets and
applications ("Programs").
2. License to Distribute Software. In addition to the license granted in Section 1 (Software
Internal Use and Development License Grant) of these Supplemental Terms, subject to the
terms and conditions of this Agreement, including but not limited to, Section 3 (Java
Technology Restrictions) of these Supplemental Terms, Sun grants you a non-exclusive,
non-transferable, limited license to reproduce and distribute the Software in binary code
form only, provided that you: (i) distribute the Software complete and unmodified, except
that you may omit those files specifically identified as"optional" in the Software "README"
file, which include samples, documents, and bin files, or that are removable by using the
Software customizer tool provided, only as part of and for the sole purpose of running your
Program into which the Software is incorporated; (ii) do not distribute additional software
intended to replace any components of the Software; (iii) do not remove or alter any
proprietary legends or notices contained in the Software; (iv) only distribute the 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 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 or Software.
3. Java Technology Restrictions. You may not modify the Java 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 Java 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, packages or subpackages that are in
any way identified as "java", "javax", "sun" or similar convention as specified by Sun in
any class file naming convention designation.
4. Java Runtime Availability. Refer to the appropriate version of the Java 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 Java applets and applications.
5. Trademarks and Logos. You acknowledge and agree as between you and Sun that Sun owns the
SUN, SOLARIS, JAVA, JINI, FORTE, STAROFFICE, STARPORTAL and iPLANET trademarks and all SUN,
SOLARIS, JAVA, JINI, FORTE, STAROFFICE, STARPORTAL 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.
6. Source Code. 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
unless expressly provided for in this Agreement.
7. 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.
For inquiries please contact: Sun Microsystems, Inc. 4150 Network Circle, Santa Clara,
California 95054.
LFI# 129621/Form ID#011801
