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-Sun Microsystems, Inc.
-Software 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 METADATA INTERFACE ("JMI"), VERSION 1.0, SAMPLE CLASS INTERFACES
-SUPPLEMENTAL LICENSE TERMS
-
-These supplemental license terms ("Supplemental Terms") add to or modify the terms
-of the Software 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 Software, complete and unmodified,
-for the sole purpose of designing, developing, testing and running your Java applets
-and applications. For clarification, the Software will be considered unmodified if you have
-compiled the Software using a compliant Java compiler.
-
-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 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. 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#115025/Form ID#011801)