2 Binary Code License Agreement
4 READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE
5 TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE
6 MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO
7 THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE
8 ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING
9 THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE
10 TO ALL THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE
11 OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED
12 ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THIS
16 Sun grants you a non-exclusive and non-transferable license for the
17 internal use only of the accompanying software and documentation and
18 any error corrections provided by Sun (collectively "Software"), by
19 the number of users and the class of computer hardware for which the
20 corresponding fee has been paid.
23 Software is confidential and copyrighted. Title to Software and all
24 associated intellectual property rights is retained by Sun and/or
25 its licensors. Except as specifically authorized in any
26 Supplemental License Terms, you may not make copies of Software,
27 other than a single copy of Software for archival purposes. Unless
28 enforcement is prohibited by applicable law, you may not modify,
29 decompile, or reverse engineer Software. Licensee acknowledges that
30 Software is not designed or intended for use in the design,
31 construction, operation or maintenance of any nuclear facility. Sun
32 Microsystems, Inc. disclaims any express or implied warranty of
33 fitness for such uses. No right, title or interest in or to any
34 trademark, service mark, logo or trade name of Sun or its licensors
35 is granted under this Agreement.
38 Sun warrants to you that for a period of ninety (90) days from the
39 date of purchase, as evidenced by a copy of the receipt, the media on
40 which Software is furnished (if any) will be free of defects in
41 materials and workmanship under normal use. Except for the foregoing,
42 Software is provided "AS IS". Your exclusive remedy and Sun's entire
43 liability under this limited warranty will be at Sun's option to
44 replace Software media or refund the fee paid for Software.
46 4. DISCLAIMER OF WARRANTY.
47 UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,
48 REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF
49 MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
50 NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE
51 DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
53 5. LIMITATION OF LIABILITY.
54 TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS
55 LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR
56 SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES,
57 HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF
58 OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN
59 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event
60 will Sun's liability to you, whether in contract, tort (including
61 negligence), or otherwise, exceed the amount paid by you for
62 Software under this Agreement. The foregoing limitations will apply
63 even if the above stated warranty fails of its essential purpose.
66 This Agreement is effective until terminated. You may terminate this
67 Agreement at any time by destroying all copies of Software. This
68 Agreement will terminate immediately without notice from Sun if you
69 fail to comply with any provision of this Agreement. Upon
70 Termination, you must destroy all copies of Software.
72 7. Export Regulations.
73 All Software and technical data delivered under this Agreement are
74 subject to US export control laws and may be subject to export or
75 import regulations in other countries. You agree to comply strictly
76 with all such laws and regulations and acknowledge that you have the
77 responsibility to obtain such licenses to export, re-export, or
78 import as may be required after delivery to you.
80 8. U.S. Government Restricted Rights.
81 If Software is being acquired by or on behalf of the U.S. Government
82 or by a U.S. Government prime contractor or subcontractor (at any
83 tier), then the Government's rights in Software and accompanying
84 documentation will be only as set forth in this Agreement; this is
85 in accordance with 48 CFR 227.7201 through 227.7202-4 (for
86 Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and
87 12.212 (for non-DOD acquisitions).
90 Any action related to this Agreement will be governed by California
91 law and controlling U.S. federal law. No choice of law rules of any
92 jurisdiction will apply.
95 If any provision of this Agreement is held to be unenforceable, this
96 Agreement will remain in effect with the provision omitted, unless
97 omission would frustrate the intent of the parties, in which case
98 this Agreement will immediately terminate.
101 This Agreement is the entire agreement between you
102 and Sun relating to its subject matter. It supersedes all prior
103 or contemporaneous oral or written communications, proposals,
104 representations and warranties and prevails over any conflicting
105 or additional terms of any quote, order, acknowledgment, or other
106 communication between the parties relating to its subject matter
107 during the term of this Agreement. No modification of this
108 Agreement will be binding, unless in writing and signed by an
109 authorized representative of each party.
111 For inquiries please contact:
112 Sun Microsystems, Inc.
114 Santa Clara, California 95054.
121 SUPPLEMENTAL LICENSE TERMS
123 These supplemental license terms ("Supplemental Terms") add to or
124 modify the terms of the Binary Code License Agreement (collectively,
125 the "Agreement"). Capitalized terms not defined in these Supplemental
126 Terms shall have the same meanings ascribed to them in the
127 Agreement. These Supplemental Terms shall supersede any inconsistent
128 or conflicting terms in the Binary Code License Agreement, or in any
129 license contained within the Software.
131 A. Software Internal Use and Development License Grant.
132 Subject to the terms and conditions of this Agreement, including,
133 but not limited to Section B (Java Technology Restrictions) of these
134 Supplemental Terms, Sun grants you a non-exclusive, non-transferable,
135 limited license to reproduce internally and use internally the binary
136 form of the Software complete and unmodified for the sole purpose of
137 designing, developing and testing your Java applets and applications
138 intended to run on the Java platform ("Programs").
140 B. Java Technology Restrictions.
141 You may not create, modify, or change the behavior of, or authorize your
142 licensees to create, modify, or change the behavior of, classes,
143 interfaces, or subpackages that are in any way identified as "java",
144 "javax", "sun" or similar convention as specified by Sun in any naming
145 convention designation.
147 C. Trademarks and Logos.
148 You acknowledge and agree as between you and Sun that Sun owns the
149 SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET trademarks and all SUN,
150 SOLARIS, JAVA, JINI, FORTE, and iPLANET-related trademarks, service
151 marks, logos and other brand designations ("Sun Marks"), and you agree
152 to comply with the Sun Trademark and Logo Usage Requirements currently
153 located at http://www.sun.com/policies/trademarks. Any use you make of
154 the Sun Marks inures to Sun's benefit.
157 Software may contain source code that is provided solely for reference
158 purposes pursuant to the terms of this Agreement. Source code may not
159 be redistributed unless expressly provided for in this Agreement.
161 E. Termination for Infringement.
162 Either party may terminate this Agreement immediately should any
163 Software become, or in either party's opinion be likely to become, the
164 subject of a claim of infringement of any intellectual property right.
166 For inquiries please contact:
167 Sun Microsystems, Inc.
168 4150 Network Circle, Santa Clara
171 (LFI#143715/Form ID#011801)