📄 license.txt
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Sun Microsystems, Inc. Binary Code License AgreementREAD THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSETERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWAREMEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THETERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY,INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON ATTHE 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 REFUNDOR, IF THE SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE" BUTTONAT THE END OF THIS AGREEMENT.1. LICENSE TO USE. Sun grants you a non-exclusive and non-transferablelicense for the internal use only of the accompanying software anddocumentation and any error corrections provided by Sun (collectively"Software"), by the number of users and the class of computer hardware forwhich the corresponding fee has been paid.2. RESTRICTIONS. Software is confidential and copyrighted. Title toSoftware and all associated intellectual property rights is retained by Sunand/or its licensors. Except as specifically authorized in anySupplemental License Terms, you may not make copies of Software, other thana single copy of Software for archival purposes. Unless enforcement isprohibited by applicable law, you may not modify, decompile, or reverseengineer Software. You acknowledge that Software is not designed, licensedor intended for use in the design, construction, operation or maintenanceof any nuclear facility. Sun disclaims any express or implied warranty offitness 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 underthis 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, themedia on which Software is furnished (if any) will be free of defects inmaterials and workmanship under normal use. Except for the foregoing,Software is provided "AS IS". Your exclusive remedy and Sun's entireliability under this limited warranty will be at Sun's option to replaceSoftware media or refund the fee paid for Software.4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALLEXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDINGANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEOR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESEDISCLAIMERS ARE HELD TO BE LEGALLY INVALID.5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NOEVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT ORDATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVEDAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUTOF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HASBEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun'sliability to you, whether in contract, tort (including negligence), orotherwise, exceed the amount paid by you for Software under thisAgreement. The foregoing limitations will apply even if the above statedwarranty fails of its essential purpose.6. Termination. This Agreement is effective until terminated. You mayterminate this Agreement at any time by destroying all copies of Software.This Agreement will terminate immediately without notice from Sun if youfail to comply with any provision of this Agreement. Upon Termination, youmust destroy all copies of Software.7. Export Regulations. All Software and technical data delivered under thisAgreement are subject to US export control laws and may be subject toexport or import regulations in other countries. You agree to complystrictly with all such laws and regulations and acknowledge that you havethe responsibility to obtain such licenses to export, re-export, or importas may be required after delivery to you.8. U.S. Government Restricted Rights. If Software is being acquired byor on behalf of the U.S. Government or by a U.S. Government primecontractor or subcontractor (at any tier), then the Government's rights inSoftware and accompanying documentation will be only as set forth in thisAgreement; 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 and12.212 (for non-DOD acquisitions).9. Governing Law. Any action related to this Agreement will be governedby California law and controlling U.S. federal law. No choice of law rulesof any jurisdiction will apply.10. Severability. If any provision of this Agreement is held to beunenforceable, this Agreement will remain in effect with the provisionomitted, unless omission would frustrate the intent of the parties, inwhich case this Agreement will immediately terminate.11. Integration. This Agreement is the entire agreement between you andSun relating to its subject matter. It supersedes all prior orcontemporaneous oral or written communications, proposals, representationsand warranties and prevails over any conflicting or additional terms of anyquote, order, acknowledgment, or other communication between the partiesrelating to its subject matter during the term of this Agreement. Nomodification of this Agreement will be binding, unless in writing andsigned by an authorized representative of each party. JAVAMAIL, VERSION 1.3 SUPPLEMENTAL LICENSE TERMSThese supplemental license terms ("Supplemental Terms") add to or modifythe terms of the Binary Code License Agreement (collectively, the"Agreement"). Capitalized terms not defined in these Supplemental Termsshall have the same meanings ascribed to them in the Agreement. TheseSupplemental Terms shall supersede any inconsistent or conflicting terms inthe Agreement, or in any license contained within the Software.1. Software Internal Use and Development License Grant. Subject to theterms and conditions of this Agreement, including, but not limited toSection 3 (Java(TM) Technology Restrictions) of these Supplemental Terms,Sun grants you a non-exclusive, non-transferable, limited license toreproduce internally and use internally the binary form of the Software,complete and unmodified, for the sole purpose of designing, developing andtesting your Java applets and applications ("Programs").2. License to Distribute Software. Subject to the terms and conditions ofthis Agreement, including, but not limited to Section 3 (Java (TM)Technology Restrictions) of these Supplemental Terms, Sun grants you anon-exclusive, non-transferable, limited license to reproduce anddistribute the Software in binary code form only, provided that (i) youdistribute the Software complete and unmodified and only bundled as partof, and for the sole purpose of running, your Java applets or applications("Programs"), (ii) the Programs add significant and primary functionalityto the Software, (iii) you do not distribute additional software intendedto replace any component(s) of the Software, (iv) you do not remove oralter any proprietary legends or notices contained in the Software, (v) youonly distribute the Software subject to a license agreement that protectsSun's interests consistent with the terms contained in this Agreement, and(vi) you agree to defend and indemnify Sun and its licensors from andagainst any damages, costs, liabilities, settlement amounts and/or expenses(including attorneys' fees) incurred in connection with any claim, lawsuitor action by any third party that arises or results from the use ordistribution of any and all Programs and/or Software.3. Java Technology Restrictions. You may not modify the Java PlatformInterface ("JPI", identified as classes contained within the "java" packageor any subpackages of the "java" package), by creating additional classeswithin the JPI or otherwise causing the addition to or modification of theclasses in the JPI. In the event that you create an additional class andassociated API(s) which (i) extends the functionality of the Java platform,and (ii) is exposed to third party software developers for the purpose ofdeveloping additional software which invokes such additional API, you mustpromptly publish broadly an accurate specification for such API for freeuse by all developers. You may not create, or authorize your licensees tocreate additional classes, interfaces, or subpackages that are in any wayidentified as "java", "javax", "sun" or similar convention as specified bySun in any naming convention designation.4. Trademarks and Logos. You acknowledge and agree as between you and Sunthat Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE, STAROFFICE, STARPORTALand iPLANET trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE, STAROFFICE,STARPORTAL and iPLANET-related trademarks, service marks, logos and otherbrand designations ("Sun Marks"), and you agree to comply with the SunTrademark and Logo Usage Requirements currently located athttp://www.sun.com/policies/trademarks. Any use you make of the Sun Marksinures to Sun's benefit.5. Source Code. Software may contain source code that is provided solelyfor reference purposes pursuant to the terms of this Agreement. Sourcecode may not be redistributed unless expressly provided for in thisAgreement.6. Termination for Infringement. Either party may terminate this Agreementimmediately should any Software become, or in either party's opinion belikely to become, the subject of a claim of infringement of anyintellectual property right.For inquiries please contact: Sun Microsystems, Inc., 4150 Network Circle,Santa Clara, California 95054, U.S.A(LFI#114176/Form ID#011801)
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