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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
-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 TRANSACTION API (JTA), VERSION 1.0.1B, MAINTENANCE
-RELEASESUPPLEMENTAL 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 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"). 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. 4150
-Network Circle, Santa Clara, California 95054. (LFI#121049/Form ID#011801) \ No newline at end of file