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372 lines
20 KiB
Plaintext
Sun Microsystems, Inc.
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Binary Code License Agreement
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for the
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JAVA 2 SOFTWARE DEVELOPMENT KIT (J2SDK), STANDARD EDITION,
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VERSION 1.4.2_X
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SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE
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SOFTWARE IDENTIFIED BELOW TO YOU ONLY UPON THE CONDITION
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THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS BINARY
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CODE LICENSE AGREEMENT AND SUPPLEMENTAL LICENSE TERMS
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(COLLECTIVELY "AGREEMENT"). PLEASE READ THE AGREEMENT
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CAREFULLY. BY DOWNLOADING OR INSTALLING THIS SOFTWARE, YOU
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ACCEPT THE TERMS OF THE AGREEMENT. INDICATE ACCEPTANCE BY
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SELECTING THE "ACCEPT" BUTTON AT THE BOTTOM OF THE
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AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY ALL THE
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TERMS, SELECT THE "DECLINE" BUTTON AT THE BOTTOM OF THE
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AGREEMENT AND THE DOWNLOAD OR INSTALL PROCESS WILL NOT
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CONTINUE.
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1.DEFINITIONS. "Software" means the identified above in
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binary form, any other machine readable materials
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(including, but not limited to, libraries, source files,
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header files, and data files), any updates or error
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corrections provided by Sun, and any user manuals,
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programming guides and other documentation provided to you
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by Sun under this Agreement. "General Purpose Desktop
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Computers and Servers" means computers, including desktop,
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laptop and tablet computers, or servers, used for general
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computing functions under end user control (such as but not
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specifically limited to email, general purpose Internet
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browsing, and office suite productivity tools). The use of
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Software in systems and solutions that provide dedicated
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functionality (other than as mentioned above) or designed
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for use in embedded or function-specific software
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applications, for example but not limited to: Software
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embedded in or bundled with industrial control systems,
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wireless mobile telephones, wireless handheld devices,
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kiosks, TV/STB, Blu-ray Disc devices, telematics and network
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control switching equipment, printers and storage management
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systems, and other related systems is excluded from this
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definition and not licensed under this Agreement.
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"Programs" means Java technology applets and applications
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intended to run on the Java 2 Platform Standard Edition
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(J2SE) platform on Java-enabled General Purpose Desktop
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Computers and Servers.
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2.LICENSE TO USE. Subject to the terms and conditions of
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this Agreement, including, but not limited to the Java
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Technology Restrictions of the Supplemental License Terms,
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Sun grants you a non-exclusive, non-transferable, limited
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license without license fees to reproduce and use internally
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Software complete and unmodified for the sole purpose of
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running Programs. Additional licenses for developers and/or
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publishers are granted in the Supplemental License Terms.
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3.RESTRICTIONS. Software is confidential and copyrighted.
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Title to Software and all associated intellectual property
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rights is retained by Sun and/or its licensors. Unless
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enforcement is prohibited by applicable law, you may not
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modify, decompile, or reverse engineer Software. Licensee
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acknowledges that Licensed Software is not designed or
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intended for use in the design, construction, operation or
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maintenance of any nuclear facility. Sun Microsystems, Inc.
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disclaims any express or implied warranty of fitness for
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such uses. No right, title or interest in or to any
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trademark, service mark, logo or trade name of Sun or its
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licensors is granted under this Agreement. Additional
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restrictions for developers and/or publishers licenses are
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set forth in the Supplemental License Terms.
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4.LIMITED WARRANTY. Sun warrants to you that for a period
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of ninety (90) days from the date of purchase, as evidenced
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by a copy of the receipt, the media on which Software is
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furnished (if any) will be free of defects in materials and
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workmanship under normal use. Except for the foregoing,
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Software is provided "AS IS". Your exclusive remedy and
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Sun's entire liability under this limited warranty will be
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at Sun's option to replace Software media or refund the fee
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paid for Software. Any implied warranties on the Software
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are limited to 90 days. Some states do not allow
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limitations on duration of an implied warranty, so the above
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may not apply to you. This limited warranty gives you
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specific legal rights. You may have others, which vary from
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state to state.
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5.DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS
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AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,
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REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED
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WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
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PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE
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EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY
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INVALID.
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6.LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY
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LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY
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LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT,
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CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER
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CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF
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OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN
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IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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In no event will Sun's liability to you, whether in
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contract, tort (including negligence), or otherwise, exceed
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the amount paid by you for Software under this Agreement.
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The foregoing limitations will apply even if the above
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stated warranty fails of its essential purpose. Some states
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do not allow the exclusion of incidental or consequential
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damages, so some of the terms above may not be applicable to
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you.
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7.SOFTWARE UPDATES FROM SUN. You acknowledge that at your
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request or consent optional features of the Software may
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download, install, and execute applets, applications,
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software extensions, and updated versions of the Software
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from Sun ("Software Updates"), which may require you to
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accept updated terms and conditions for installation. If
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additional terms and conditions are not presented on
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installation, the Software Updates will be considered part
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of the Software and subject to the terms and conditions of
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the Agreement.
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8.SOFTWARE FROM SOURCES OTHER THAN SUN. You acknowledge
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that, by your use of optional features of the Software
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and/or by requesting services that require use of the
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optional features of the Software, the Software may
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automatically download, install, and execute software
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applications from sources other than Sun ("Other Software").
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Sun makes no representations of a relationship of any kind
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to licensors of Other Software. TO THE EXTENT NOT
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PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE
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LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL,
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INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES,
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HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY,
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ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE
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OTHER SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE
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POSSIBILITY OF SUCH DAMAGES. Some states do not allow the
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exclusion of incidental or consequential damages, so some of
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the terms above may not be applicable to you.
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9.TERMINATION. This Agreement is effective until
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terminated. You may terminate this Agreement at any time by
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destroying all copies of Software. This Agreement will
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terminate immediately without notice from Sun if you fail to
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comply with any provision of this Agreement. Either party
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may terminate this Agreement immediately should any Software
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become, or in either party's opinion be likely to become,
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the subject of a claim of infringement of any intellectual
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property right. Upon Termination, you must destroy all
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copies of Software.
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10.EXPORT REGULATIONS. All Software and technical data
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delivered under this Agreement are subject to US export
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control laws and may be subject to export or import
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regulations in other countries. You agree to comply
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strictly with all such laws and regulations and acknowledge
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that you have the responsibility to obtain such licenses to
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export, re-export, or import as may be required after
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delivery to you.
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11.TRADEMARKS AND LOGOS. You acknowledge and agree as
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between you and Sun that Sun owns the SUN, SOLARIS, JAVA,
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JINI, FORTE, and iPLANET trademarks and all SUN, SOLARIS,
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JAVA, JINI, FORTE, and iPLANET-related trademarks, service
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marks, logos and other brand designations ("Sun Marks"), and
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you agree to comply with the Sun Trademark and Logo Usage
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Requirements currently located at
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http://www.sun.com/policies/trademarks. Any use you make of
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the Sun Marks inures to Sun's benefit.
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12.U.S. GOVERNMENT RESTRICTED RIGHTS. If Software is being
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acquired by or on behalf of the U.S. Government or by a
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U.S. Government prime contractor or subcontractor (at any
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tier), then the Government's rights in Software and
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accompanying documentation will be only as set forth in this
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Agreement; this is in accordance with 48 CFR 227.7201
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through 227.7202-4 (for Department of Defense (DOD)
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acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD
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acquisitions).
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13.GOVERNING LAW. Any action related to this Agreement will
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be governed by California law and controlling U.S. federal
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law. No choice of law rules of any jurisdiction will apply.
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14. SEVERABILITY. If any provision of this Agreement is
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held to be unenforceable, this Agreement will remain in
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effect with the provision omitted, unless omission would
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frustrate the intent of the parties, in which case this
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Agreement will immediately terminate.
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15. INTEGRATION. This Agreement is the entire agreement
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between you and Sun relating to its subject matter. It
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supersedes all prior or contemporaneous oral or written
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communications, proposals, representations and warranties
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and prevails over any conflicting or additional terms of any
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quote, order, acknowledgment, or other communication between
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the parties relating to its subject matter during the term
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of this Agreement. No modification of this Agreement will
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be binding, unless in writing and signed by an authorized
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representative of each party.
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SUPPLEMENTAL LICENSE TERMS
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These Supplemental License Terms add to or modify the terms
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of the Binary Code License Agreement. Capitalized terms not
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defined in these Supplemental Terms shall have the same
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meanings ascribed to them in the Binary Code License
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Agreement . These Supplemental Terms shall supersede any
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inconsistent or conflicting terms in the Binary Code License
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Agreement, or in any license contained within the Software.
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A.Software Internal Use and Development License Grant.
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Subject to the terms and conditions of this Agreement,
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including, but not limited to the Java Technology
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Restrictions of these Supplemental Terms, Sun grants you a
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non-exclusive, non-transferable, limited license without
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fees to reproduce internally and use internally the Software
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complete and unmodified for the purpose of designing,
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developing, and testing your Programs.
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B.License to Distribute Software. Subject to the terms and
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conditions of this Agreement, including, but not limited to
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the Java Technology Restrictions of these Supplemental
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Terms, Sun grants you a non-exclusive, non-transferable,
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limited license without fees to reproduce and distribute the
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Software, provided that (i) you distribute the Software
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complete and unmodified (unless otherwise specified in the
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applicable README file) and only bundled as part of, and for
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the sole purpose of running, your Programs, (ii) the
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Programs add significant and primary functionality to the
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Software, (iii) you do not distribute additional software
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intended to replace any component(s) of the Software (unless
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otherwise specified in the applicable README file), (iv) you
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do not remove or alter any proprietary legends or notices
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contained in the Software, (v) you only distribute the
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Software subject to a license agreement that protects Sun's
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interests consistent with the terms contained in this
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Agreement, and (vi) you agree to defend and indemnify Sun
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and its licensors from and against any damages, costs,
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liabilities, settlement amounts and/or expenses (including
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attorneys' fees) incurred in connection with any claim,
|
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lawsuit or action by any third party that arises or results
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from the use or distribution of any and all Programs and/or
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Software.
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C.License to Distribute Redistributables. Subject to the
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terms and conditions of this Agreement, including but not
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limited to the Java Technology Restrictions of these
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Supplemental Terms, Sun grants you a non-exclusive,
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non-transferable, limited license without fees to reproduce
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and distribute those files specifically identified as
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redistributable in the Software "README" file
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("Redistributables") provided that: (i) you distribute the
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Redistributables complete and unmodified (unless otherwise
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specified in the applicable README file), and only bundled
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as part of Programs, (ii) you do not distribute additional
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software intended to supersede any component(s) of the
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Redistributables (unless otherwise specified in the
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applicable README file), (iii) you do not remove or alter
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any proprietary legends or notices contained in or on the
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Redistributables, (iv) you only distribute the
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Redistributables pursuant to a license agreement that
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protects Sun's interests consistent with the terms contained
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in the Agreement, (v) you agree to defend and indemnify Sun
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and its licensors from and against any damages, costs,
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liabilities, settlement amounts and/or expenses (including
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attorneys' fees) incurred in connection with any claim,
|
|
lawsuit or action by any third party that arises or results
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from the use or distribution of any and all Programs and/or
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Software.
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D.Java Technology Restrictions. You may not modify the Java
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Platform Interface ("JPI", identified as classes contained
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within the "java" package or any subpackages of the "java"
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package), by creating additional classes within the JPI or
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otherwise causing the addition to or modification of the
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classes in the JPI. In the event that you create an
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additional class and associated API(s) which (i) extends the
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functionality of the Java platform, and (ii) is exposed to
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third party software developers for the purpose of
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developing additional software which invokes such additional
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API, you must promptly publish broadly an accurate
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specification for such API for free use by all developers.
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You may not create, or authorize your licensees to create,
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additional classes, interfaces, or subpackages that are in
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any way identified as "java", "javax", "sun" or similar
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convention as specified by Sun in any naming convention
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designation.
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E.Distribution by Publishers. This section pertains to your
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distribution of the Software with your printed book or
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magazine (as those terms are commonly used in the industry)
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relating to Java technology ("Publication"). Subject to and
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conditioned upon your compliance with the restrictions and
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obligations contained in the Agreement, in addition to the
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license granted in Paragraph 1 above, Sun hereby grants to
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you a non-exclusive, nontransferable limited right to
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reproduce complete and unmodified copies of the Software on
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electronic media (the "Media") for the sole purpose of
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inclusion and distribution with your Publication(s), subject
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to the following terms: (i) You may not distribute the
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Software on a stand-alone basis; it must be distributed with
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your Publication(s); (ii) You are responsible for
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downloading the Software from the applicable Sun web site;
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(iii) You must refer to the Software as JavaTM 2 Software
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Development Kit, Standard Edition, Version 1.4.2; (iv) The
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Software must be reproduced in its entirety and without any
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modification whatsoever (including, without limitation, the
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Binary Code License and Supplemental License Terms
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accompanying the Software and proprietary rights notices
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contained in the Software); (v) The Media label shall
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include the following information: Copyright 2003, Sun
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Microsystems, Inc. All rights reserved. Use is subject to
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license terms. Sun, Sun Microsystems, the Sun logo,
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Solaris, Java, the Java Coffee Cup logo, J2SE , and all
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trademarks and logos based on Java are trademarks or
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registered trademarks of Sun Microsystems, Inc. in the U.S.
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and other countries. This information must be placed on the
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Media label in such a manner as to only apply to the Sun
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Software; (vi) You must clearly identify the Software as
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Sun's product on the Media holder or Media label, and you
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may not state or imply that Sun is responsible for any
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third-party software contained on the Media; (vii) You may
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not include any third party software on the Media which is
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intended to be a replacement or substitute for the Software;
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(viii) You shall indemnify Sun for all damages arising from
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your failure to comply with the requirements of this
|
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Agreement. In addition, you shall defend, at your expense,
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any and all claims brought against Sun by third parties, and
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shall pay all damages awarded by a court of competent
|
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jurisdiction, or such settlement amount negotiated by you,
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arising out of or in connection with your use, reproduction
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or distribution of the Software and/or the Publication.
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Your obligation to provide indemnification under this
|
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section shall arise provided that Sun: (i) provides you
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prompt notice of the claim; (ii) gives you sole control of
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the defense and settlement of the claim; (iii) provides you,
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at your expense, with all available information, assistance
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and authority to defend; and (iv) has not compromised or
|
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settled such claim without your prior written consent; and
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(ix) You shall provide Sun with a written notice for each
|
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Publication; such notice shall include the following
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information: (1) title of Publication, (2) author(s), (3)
|
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date of Publication, and (4) ISBN or ISSN numbers. Such
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notice shall be sent to Sun Microsystems, Inc., 4150 Network
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Circle, M/S USCA12-110, Santa Clara, California 95054, U.S.A
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, Attention: Contracts Administration.
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F.Source Code. Software may contain source code that,
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unless expressly licensed for other purposes, is provided
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solely for reference purposes pursuant to the terms of this
|
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Agreement. Source code may not be redistributed unless
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expressly provided for in this Agreement.
|
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G.Third Party Code. Additional copyright notices and
|
|
license terms applicable to portions of the Software are set
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forth in the THIRDPARTYLICENSEREADME.txt file. In addition
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to any terms and conditions of any third party
|
|
opensource/freeware license identified in the
|
|
THIRDPARTYLICENSEREADME.txt file, the disclaimer of warranty
|
|
and limitation of liability provisions in paragraphs 5 and 6
|
|
of the Binary Code License Agreement shall apply to all
|
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Software in this distribution.
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H.Termination for Infringement. Either party may terminate
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|
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.
|
|
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|
For inquiries please contact: Sun Microsystems, Inc., 4150
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Network Circle, Santa Clara, California 95054, U.S.A.
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(LFI#129530/Form ID#011801)
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