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diff --git a/licenses/sun-bcla-j2me b/licenses/sun-bcla-j2me new file mode 100644 index 000000000..793a4d7b8 --- /dev/null +++ b/licenses/sun-bcla-j2me @@ -0,0 +1,339 @@ +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. |