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J2SE 1.4 SDK License.
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. You acknowledge that Software is not designed, licensed or intended for use in
the design, construction, operation or maintenance of any nuclear facility. Sun 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.
Java(TM) 2 Software Development Kit (J2SDK), Standard Edition, Version 1.5
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 4 (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 intended to run on the Java platform
("Programs").
2. License to Distribute Software. Subject to the terms and conditions of this Agreement,
including, but not limited to Section 4 (Java (TM) Technology Restrictions) of these
Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license to
reproduce and distribute the Software in binary code form only, provided that (i) you
distribute the Software complete and unmodified and only bundled as part of, and for the
sole purpose of running, your Programs, (ii) the Programs add significant and primary
functionality to the Software, (iii) you do not distribute additional software intended to
replace any component(s) of the Software, (iv) you do not remove or alter any proprietary
legends or notices contained in the Software, (v) you only distribute the Software subject
to a license agreement that protects Sun's interests consistent with the terms contained
in this Agreement, and (vi) you 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, and (vi) include the following statement as part of product documentation
(whether hard copy or electronic), as a part of a copyright page or proprietary rights
notice page, in an "About" box or in any other form reasonably designed to make the
statement visible to users of the Software: "This product includes code licensed from RSA
Data Security".
3. License to Distribute Redistributables. Subject to the terms and conditions of this
Agreement, including but not limited to Section 4 (Java Technology Restrictions) of these
Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license to
reproduce and distribute the binary form of those files specifically identified as
redistributable in the Software "README" file ("Redistributables") provided that: (i) you
distribute the Redistributables complete and unmodified (unless otherwise specified in the
applicable README file), and only bundled as part of Programs, (ii) you do not distribute
additional software intended to supersede any component(s) of the Redistributables, (iii)
you do not remove or alter any proprietary legends or notices contained in or on the
Redistributables, (iv) you only distribute the Redistributables pursuant to a license
agreement that protects Sun's interests consistent with the terms contained in the
Agreement, (v) you 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,
and (vi) include the following statement as part of product documentation (whether hard
copy or electronic), as a part of a copyright page or proprietary rights notice page, in
an "About" box or in any other form reasonably designed to make the statement visible to
users of the Software: "This product includes code licensed from RSA Data Security".
4. 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.
5. Notice of Automatic Software Updates from Sun. You acknowledge that the Software may
automatically download, install, and execute applets, applications, software extensions,
and updated versions of the Software from Sun ("Software Updates"), which may require you
to accept updated terms and conditions for installation. If additional terms and
conditions are not presented on installation, the Software Updates will be considered part
of the Software and subject to the terms and conditions of the Agreement.
6. Notice of Automatic Downloads. You acknowledge that, by your use of the Software and/or
by requesting services that require use of the Software, the Software may automatically
download, install, and execute software applications from sources other than Sun ("Other
Software"). Sun makes no representations of a relationship of any kind to licensors of
Other Software. 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 OTHER SOFTWARE, EVEN IF SUN
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. 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.
8. 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.
9. 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#DRAFT/Form ID#XXXXXX)
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