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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
+ 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.
+
+For inquiries please contact:
+Sun Microsystems, Inc.
+4150 Network Circle
+Santa Clara, California 95054.
+
+
+DEVELOPMENT TOOLS
+
+JVMSTAT 3.0
+
+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 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, including,
+ but not limited to Section B (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
+ intended to run on the Java platform ("Programs").
+
+B. 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.
+
+C. 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.
+
+D. 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.
+
+E. 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#143715/Form ID#011801)