2 Software License Agreement
4 READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE TERMS
5 (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA PACKAGE.
6 BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT.
7 IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE YOUR ACCEPTANCE
8 OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT.
9 IF YOU DO NOT AGREE TO ALL THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE
10 TO YOUR PLACE OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED ELECTRONICALLY,
11 SELECT THE "DECLINE" BUTTON AT THE END OF THIS AGREEMENT.
13 1. LICENSE TO USE. Sun grants you a non-exclusive and non-transferable license
14 for the internal use only of the accompanying software and documentation and any
15 error corrections provided by Sun (collectively "Software"), by the number of users
16 and the class of computer hardware for which the corresponding fee has been paid.
18 2. RESTRICTIONS. Software is confidential and copyrighted. Title to Software and all
19 associated intellectual property rights is retained by Sun and/or its licensors.
20 Except as specifically authorized in any Supplemental License Terms, you may not make
21 copies of Software, other than a single copy of Software for archival purposes.
22 Unless enforcement is prohibited by applicable law, you may not modify, decompile,
23 or reverse engineer Software. Licensee acknowledges that Licensed Software is not
24 designed or intended for use in the design, construction, operation or maintenance
25 of any nuclear facility. Sun Microsystems, Inc. disclaims any express or implied
26 warranty of fitness for such uses. No right, title or interest in or to any trademark,
27 service mark, logo or trade name of Sun or its licensors is granted under this Agreement.
29 3. LIMITED WARRANTY. Sun warrants to you that for a period of ninety (90) days
30 from the date of purchase, as evidenced by a copy of the receipt, the media on which
31 Software is furnished (if any) will be free of defects in materials and workmanship
32 under normal use. Except for the foregoing, Software is provided "AS IS".
33 Your exclusive remedy and Sun's entire liability under this limited warranty will be
34 at Sun's option to replace Software media or refund the fee paid for Software.
36 4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED
37 CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY
38 OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED,
39 EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
41 5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL
42 SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL,
43 INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS
44 OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE
45 SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
46 In no event will Sun's liability to you, whether in contract, tort (including negligence),
47 or otherwise, exceed the amount paid by you for Software under this Agreement.
48 The foregoing limitations will apply even if the above stated warranty fails of its
51 6. Termination. This Agreement is effective until terminated. You may terminate
52 this Agreement at any time by destroying all copies of Software. This Agreement will
53 terminate immediately without notice from Sun if you fail to comply with any provision
54 of this Agreement. Upon Termination, you must destroy all copies of Software.
56 7. Export Regulations. All Software and technical data delivered under this Agreement
57 are subject to US export control laws and may be subject to export or import regulations
58 in other countries. You agree to comply strictly with all such laws and regulations
59 and acknowledge that you have the responsibility to obtain such licenses to export,
60 re-export, or import as may be required after delivery to you.
62 8. U.S. Government Restricted Rights. If Software is being acquired by or on behalf
63 of the U.S. Government or by a U.S. Government prime contractor or subcontractor
64 (at any tier), then the Government's rights in Software and accompanying documentation
65 will be only as set forth in this Agreement; this is in accordance with 48 CFR 227.7201
66 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101
67 and 12.212 (for non-DOD acquisitions).
69 9. Governing Law. Any action related to this Agreement will be governed by California
70 law and controlling U.S. federal law. No choice of law rules of any jurisdiction
73 10. Severability. If any provision of this Agreement is held to be unenforceable,
74 this Agreement will remain in effect with the provision omitted, unless omission would
75 frustrate the intent of the parties, in which case this Agreement will immediately terminate.
77 11. Integration. This Agreement is the entire agreement between you and Sun relating
78 to its subject matter. It supersedes all prior or contemporaneous oral or written
79 communications, proposals, representations and warranties and prevails over any conflicting
80 or additional terms of any quote, order, acknowledgment, or other communication between
81 the parties relating to its subject matter during the term of this Agreement.
82 No modification of this Agreement will be binding, unless in writing and signed by
83 an authorized representative of each party.
85 JAVATM INTERFACE CLASSES
86 JAVA METADATA INTERFACE ("JMI"), VERSION 1.0, SAMPLE CLASS INTERFACES
87 SUPPLEMENTAL LICENSE TERMS
89 These supplemental license terms ("Supplemental Terms") add to or modify the terms
90 of the Software License Agreement (collectively, the "Agreement"). Capitalized terms
91 not defined in these Supplemental Terms shall have the same meanings ascribed to them
92 in the Agreement. These Supplemental Terms shall supersede any inconsistent or conflicting
93 terms in the Agreement, or in any license contained within the Software.
95 1. Software Internal Use and Development License Grant. Subject to the terms and conditions
96 of this Agreement, including, but not limited to Section 3 (Java Technology Restrictions)
97 of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited
98 license to reproduce internally and use internally the Software, complete and unmodified,
99 for the sole purpose of designing, developing, testing and running your Java applets
100 and applications. For clarification, the Software will be considered unmodified if you have
101 compiled the Software using a compliant Java compiler.
103 2. License to Distribute Software. In addition to the license granted in Section 1
104 (Software Internal Use and Development License Grant) of these Supplemental Terms,
105 subject to the terms and conditions of this Agreement, including but not limited
106 to Section 3 (Java Technology Restrictions), Sun grants you a non-exclusive,
107 non-transferable, limited license to reproduce and distribute the Software provided
108 that you (i) distribute the Software complete and unmodified and only bundled as part
109 of your Programs, (ii) do not distribute additional software intended to replace any
110 component(s) of the Software, (iii) do not remove or alter any proprietary legends
111 or notices contained in the Software, (iv) only distribute the Software subject to a license
112 agreement that protects Sun's interests consistent with the terms contained
113 in this Agreement, and (v) agree to defend and indemnify Sun and its licensors from
114 and against any damages, costs, liabilities, settlement amounts and/or expenses (including
115 attorneys' fees) incurred in connection with any claim, lawsuit or action by any third
116 party that arises or results from the use or distribution of any and all Programs and/or
119 3. Java Technology Restrictions. You may not modify the Java Platform Interface
120 ("JPI", identified as classes contained within the "java" package or any subpackages of
121 the "java" package), by creating additional classes within the JPI or otherwise causing
122 the addition to or modification of the classes in the JPI. In the event that you create
123 an additional class and associated API(s) which (i) extends the functionality of the Java
124 Platform, and (ii) is exposed to third party software developers for the purpose
125 of developing additional software which invokes such additional API, you must promptly
126 publish broadly an accurate specification for such API for free use by all developers.
127 You may not create, or authorize your licensees to create additional classes, interfaces,
128 or subpackages that are in any way identified as "java", "javax", "sun" or similar
129 convention as specified by Sun in any naming convention designation.
131 4. Trademarks and Logos. You acknowledge and agree as between you and Sun that Sun owns
132 the SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET trademarks and all SUN, SOLARIS, JAVA,
133 JINI, FORTE, and iPLANET-related trademarks, service marks, logos and other brand
134 designations ("Sun Marks"), and you agree to comply with the Sun Trademark and Logo Usage
135 Requirements currently located at http://www.sun.com/policies/trademarks. Any use you
136 make of the Sun Marks inures to Sun's benefit.
138 5. Termination for Infringement. Either party may terminate this Agreement immediately
139 should any Software become, or in either party's opinion be likely to become, the subject
140 of a claim of infringement of any intellectual property right.
142 For inquiries please contact:
143 Sun Microsystems, Inc. 4150 Network Circle, Santa Clara, California 95054.
144 (LFI#115025/Form ID#011801)