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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.
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-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.
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-2. RESTRICTIONS. Software is confidential and copyrighted. Title to
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-than a single copy of Software for archival purposes. Unless
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-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.
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-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.
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-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.
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-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.
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-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.
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-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.
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-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.
-
- JAVA(TM) SPEECH API (JSAPI) SPECIFICATION IMPLEMETATION, VERSION
- 1.0
- 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 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(TM) 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").
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-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. 901 San Antonio
-Road, Palo Alto, California 94303 (LFI#108931/Form ID#011801)