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authorAndrew Wilcox <AWilcox@Wilcox-Tech.com>2016-01-23 23:09:10 -0600
committerAndrew Wilcox <AWilcox@Wilcox-Tech.com>2016-01-23 23:09:10 -0600
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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. Licensee acknowledges 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. 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. JAVATM
+INTERFACE CLASSES JAVA TRANSACTION API (JTA), VERSION 1.0.1B, MAINTENANCE
+RELEASESUPPLEMENTAL 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), Sun grants you a non-exclusive, non-transferable, limited license
+to reproduce and distribute the Software in binary form only, provided that you
+(i) distribute the Software complete and unmodified and only bundled as part of
+your Programs, (ii) do not distribute additional software intended to replace
+any component(s) 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 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. 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, or subpackages that are in
+any way identified as "java", "javax", "sun" or similar convention as specified
+by Sun in any naming convention designation. 4. 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. 5. 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. 6. 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#121049/Form ID#011801) \ No newline at end of file