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-ENTITLEMENT
-for
-SOFTWARE
-
-THIS ENTITLEMENT EVIDENCES YOUR LICENSE TO USE THE SUN
-SOFTWARE SET FORTH BELOW UNDER THE TERMS OF THE SUN
-MICROSYSTEMS, INC. SOFTWARE LICENSE AGREEMENT.
-
-Licensee/Company: Entity receiving Software.
-
-Effective Date: Date Sun delivers the Software to You.
-
-Software: J2ME Wireless Toolkit 2.2 Patch.
-
-Host Software: The software product described in the
-Software's documentation for which the Software is
-intended to be used.
-
-Permitted Use: The Permitted Use shall be the same as
-the permitted use in Your Host Software's software
-license agreement. Software may only be used in
-conjunction with the Host Software. Use of the
-Software on a stand-alone basis is not permitted under
-this license. If You do not have a valid license to
-use the Host Software, You have no license to use the
-Software for any purpose.
-
-License Term: The License Term shall be the same as
-the license term set forth in your Host Software's
-software license agreement.
-
-Licensed Unit: The Licensed Unit shall be the same as
-the licensed unit set forth in your Host Software's
-software license agreement.
-
-Licensed Unit Count: The License Unit Count shall be
-the same as the licensed unit count set forth in your
-Host Software's software license agreement.
-
-
-Sun Microsystems, Inc. ("Sun")
-SOFTWARE LICENSE AGREEMENT
-
-READ THE TERMS OF THIS AGREEMENT ("AGREEMENT")
-CAREFULLY BEFORE OPENING SOFTWARE MEDIA PACKAGE. BY
-OPENING SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS
-OF THIS AGREEMENT. IF YOU ARE ACCESSING 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 SOFTWARE IS
-ACCESSED ELECTRONICALLY, SELECT THE "DECLINE" (OR
-"EXIT") BUTTON AT THE END OF THIS AGREEMENT. IF YOU
-HAVE SEPARATELY AGREED TO LICENSE TERMS ("MASTER
-TERMS") FOR YOUR LICENSE TO THIS SOFTWARE, THEN
-SECTIONS 1-5 OF THIS AGREEMENT ("SUPPLEMENTAL LICENSE
-TERMS") SHALL SUPPLEMENT AND SUPERSEDE THE MASTER
-TERMS IN RELATION TO THIS SOFTWARE.
-
-1. Definitions.
-
-(a) "Entitlement" means the collective set of
-applicable documents authorized by Sun evidencing your
-obligation to pay associated fees (if any) for the
-license, associated Services, and the authorized scope
-of use of Software under this Agreement.
-
-(b) "Licensed Unit" means the unit of measure by
-which your use of Software and/or Service is licensed,
-as described in your Entitlement.
-
-(c) "Permitted Use" means the licensed Software
-use(s) authorized in this Agreement as specified in
-your Entitlement. The Permitted Use for any bundled
-Sun software not specified in your Entitlement will be
-evaluation use as provided in Section 3.
-
-(d) "Service" means the service(s) that Sun or its
-delegate will provide, if any, as selected in your
-Entitlement and as further described in the applicable
-service listings at www.sun.com/service/servicelist.
-
-(e) "Software" means the Sun software described in
-your Entitlement. Also, certain software may be
-included for evaluation use under Section 3.
-
-(f) "You" and "Your" means the individual or legal
-entity specified in the Entitlement, or for evaluation
-purposes, the entity performing the evaluation.
-
-2. License Grant and Entitlement.
-
-Subject to the terms of your Entitlement, Sun grants
-you a nonexclusive, nontransferable limited license to
-use Software for its Permitted Use for the license
-term. Your Entitlement will specify (a) Software
-licensed, (b) the Permitted Use, (c) the license term,
-and (d) the Licensed Units.
-
-Additionally, if your Entitlement includes Services,
-then it will also specify the (e) Service and (f)
-service term.
-
-If your rights to Software or Services are limited in
-duration and the date such rights begin is other than
-the purchase date, your Entitlement will provide that
-beginning date(s).
-
-The Entitlement may delivered to you in various ways
-depending on the manner in which you obtain Software
-and Services, for example, the Entitlement may be
-provided in your receipt, invoice or your contract
-with Sun or authorized Sun reseller. It may also be in
-electronic format if you download Software.
-
-3. Permitted Use.
-
-As selected in your Entitlement, one or more of the
-following Permitted Uses will apply to your use of
-Software. Unless you have an Entitlement that
-expressly permits it, you may not use Software for any
-of the other Permitted Uses. If you don't have an
-Entitlement, or if your Entitlement doesn't cover
-additional software delivered to you, then such
-software is for your Evaluation Use.
-
-(a) Evaluation Use. You may evaluate Software
-internally for a period of 90 days from your first
-use.
-
-(b) Research and Instructional Use. You may use
-Software internally to design, develop and test, and
-also to provide instruction on such uses.
-
-(c) Individual Use. You may use Software internally
-for personal, individual use.
-
-(d) Commercial Use. You may use Software internally
-for your own commercial purposes.
-
-(e) Service Provider Use. You may make Software
-functionality accessible (but not by providing
-Software itself or through outsourcing services) to
-your end users in an extranet deployment, but not to
-your affiliated companies or to government agencies.
-
-4. Licensed Units.
-
-Your Permitted Use is limited to the number of
-Licensed Units stated in your Entitlement. If you
-require additional Licensed Units, you will need
-additional Entitlement(s).
-
-5. Restrictions.
-
-(a) The copies of Software provided to you under this
-Agreement are licensed, not sold, to you by Sun. Sun
-reserves all rights not expressly granted. (b) You may
-make a single archival copy of Software, but otherwise
-may not copy, modify, or distribute Software. However
-if the Sun documentation accompanying Software lists
-specific portions of Software, such as header files,
-class libraries, reference source code, and/or
-redistributable files, that may be handled
-differently, you may do so only as provided in the Sun
-documentation. (c) You may not rent, lease, lend or
-encumber Software. (d) Unless enforcement is
-prohibited by applicable law, you may not decompile,
-or reverse engineer Software. (e) The terms and
-conditions of this Agreement will apply to any
-Software updates, provided to you at Sun's discretion,
-that replace and/or supplement the original Software,
-unless such update contains a separate license. (f)
-You may not publish or provide the results of any
-benchmark or comparison tests run on Software to any
-third party without the prior written consent of Sun.
-(g) Software is confidential and copyrighted. (h)
-Unless otherwise specified, if Software is delivered
-with embedded or bundled software that enables
-functionality of Software, you may not use such
-software on a stand-alone basis or use any portion of
-such software to interoperate with any program(s)
-other than Software. (i) Software may contain programs
-that perform automated collection of system data
-and/or automated software updating services. System
-data collected through such programs may be used by
-Sun, its subcontractors, and its service delivery
-partners for the purpose of providing you with remote
-system services and/or improving Sun's software and
-systems. (j) Software is not designed, licensed or
-intended for use in the design, construction,
-operation or maintenance of any nuclear facility and
-Sun and its licensors disclaim any express or implied
-warranty of fitness for such uses. (k) 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.
-
-6. Term and Termination.
-
-The license and service term are set forth in your
-Entitlement(s). Your rights under this Agreement will
-terminate immediately without notice from Sun if you
-materially breach it or take any action in derogation
-of Sun's and/or its licensors' rights to Software. Sun
-may terminate this Agreement should any Software
-become, or in Sun's reasonable opinion likely to
-become, the subject of a claim of intellectual
-property infringement or trade secret
-misappropriation. Upon termination, you will cease use
-of, and destroy, Software and confirm compliance in
-writing to Sun. Sections 1, 5, 6, 7, and 9-15 will
-survive termination of the Agreement.
-
-7. Java Compatibility and Open Source.
-
-Software may contain Java technology. You may not
-create additional classes to, or modifications of, the
-Java technology, except under compatibility
-requirements available under a separate agreement
-available at www.java.net.
-
-Sun supports and benefits from the global community of
-open source developers, and thanks the community for
-its important contributions and open standards-based
-technology, which Sun has adopted into many of its
-products.
-
-Please note that portions of Software may be provided
-with notices and open source licenses from such
-communities and third parties that govern the use of
-those portions, and any licenses granted hereunder do
-not alter any rights and obligations you may have
-under such open source licenses, however, the
-disclaimer of warranty and limitation of liability
-provisions in this Agreement will apply to all
-Software in this distribution.
-
-8. Limited Warranty.
-
-Sun warrants to you that for a period of 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.
-Some states do not allow limitations on certain
-implied warranties, 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.
-
-9. 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.
-
-10. 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.
-
-11. Export Regulations.
-
-All Software, documents, technical data, and any other
-materials delivered under this Agreement are subject
-to U.S. export control laws and may be subject to
-export or import regulations in other countries. You
-agree to comply strictly with these laws and
-regulations and acknowledge that you have the
-responsibility to obtain any licenses to export,
-re-export, or import as may be required after delivery
-to you.
-
-12. 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).
-
-13. 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.
-
-14. 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.
-
-15. Integration.
-
-This Agreement, including any terms contained in your
-Entitlement, 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.
-
-Please contact Sun Microsystems, Inc. 4150 Network
-Circle, Santa Clara, California 95054 if you have
-questions.