📄 sun-javamail.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 SOFTWAREELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE"ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TOALL THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OFPURCHASE 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 andnon-transferable license for the internal use only of the accompanyingsoftware and documentation and any error corrections provided by Sun(collectively "Software"), by the number of users and the class ofcomputer hardware for which the corresponding fee has been paid.*2. RESTRICTIONS. * Software is confidential and copyrighted. Title toSoftware and all associated intellectual property rights is retained bySun and/or its licensors. Except as specifically authorized in anySupplemental License Terms, you may not make copies of Software, otherthan a single copy of Software for archival purposes. Unlessenforcement is prohibited by applicable law, you may not modify,decompile, or reverse engineer Software. You acknowledge that Softwareis not designed, licensed or intended for use in the design,construction, operation or maintenance of any nuclear facility. Sundisclaims any express or implied warranty of fitness for such uses. Noright, title or interest in or to any trademark, service mark, logo ortrade 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 thereceipt, the media on which Software is furnished (if any) will be freeof defects in materials and workmanship under normal use. Except forthe foregoing, Software is provided "AS IS". Your exclusive remedy andSun's entire liability under this limited warranty will be at Sun'soption to replace Software 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 PARTICULARPURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THATTHESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.*5. LIMITATION OF LIABILITY.* TO THE EXTENT NOT PROHIBITED BY LAW, INNO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE,PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL ORPUNITIVE 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 noevent will Sun's liability to you, whether in contract, tort (includingnegligence), or otherwise, exceed the amount paid by you for Softwareunder this Agreement. The foregoing limitations will apply even if theabove stated warranty fails of its essential purpose.*6. Termination.* This Agreement is effective until terminated. Youmay terminate this Agreement at any time by destroying all copies ofSoftware. This Agreement will terminate immediately without notice fromSun if you fail to comply with any provision of this Agreement. UponTermination, you must destroy all copies of Software.*7. Export Regulations.* All Software and technical data delivered underthis Agreement are subject to US export control laws and may be subjectto export or import regulations in other countries. You agree to complystrictly with all such laws and regulations and acknowledge that youhave the responsibility to obtain such licenses to export, re-export, orimport as may be required after delivery to you.*8. U.S. Government Restricted Rights. * If Software is being acquiredby or on behalf of the U.S. Government or by a U.S. Government primecontractor or subcontractor (at any tier), then the Government's rightsin Software and accompanying documentation will be only as set forth inthis Agreement; this is in accordance with 48 CFR 227.7201 through227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48CFR 2.101 and 12.212 (for non-DOD acquisitions).*9. Governing Law.* Any action related to this Agreement will begoverned by California law and controlling U.S. federal law. No choiceof law rules of 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 youand Sun relating to its subject matter. It supersedes all prior orcontemporaneous oral or written communications, proposals,representations and warranties and prevails over any conflicting oradditional terms of any quote, order, acknowledgment, or othercommunication between the parties relating to its subject matter duringthe term of this Agreement. No modification of this Agreement will bebinding, unless in writing and signed by an authorized representative ofeach party. JAVAMAIL^TM , VERSION 1.3.1SUPPLEMENTAL 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 termsin the Agreement, or in any license contained within the Software.*1. Software Internal Use and Development License Grant.* Subject tothe terms and conditions of this Agreement, including, but not limitedto Section 3 (Java(TM) Technology Restrictions) of these SupplementalTerms, Sun grants you a non-exclusive, non-transferable, limited licenseto reproduce internally and use internally the binary form of theSoftware, complete and unmodified, for the sole purpose of designing,developing and testing your Java applets and applications ("Programs").*2. License to Distribute Software.* Subject to the terms and conditionsof this 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 orapplications ("Programs"), (ii) the Programs add significant and primaryfunctionality to the Software, (iii) you do not distribute additionalsoftware intended to replace any component(s) of the Software, (iv) youdo not remove or alter any proprietary legends or notices contained inthe Software, (v) you only distribute the Software subject to a licenseagreement that protects Sun's interests consistent with the termscontained in this Agreement, and (vi) you agree to defend and indemnifySun and its licensors from and against any damages, costs, liabilities,settlement amounts and/or expenses (including attorneys' fees) incurredin connection with any claim, lawsuit or action by any third party thatarises or results from the use or distribution of any and all Programsand/or Software.*3. Java Technology Restrictions.* You may not modify the Java PlatformInterface ("JPI", identified as classes contained within the "java"package or any subpackages of the "java" package), by creatingadditional classes within the JPI or otherwise causing the addition toor modification of the classes in the JPI. In the event that you createan additional class and associated API(s) which (i) extends thefunctionality of the Java platform, and (ii) is exposed to third partysoftware developers for the purpose of developing additional softwarewhich invokes such additional API, you must promptly publish broadly anaccurate specification for such API for free use by all developers. Youmay not create, or authorize your licensees to create additionalclasses, interfaces, or subpackages that are in any way identified as"java", "javax", "sun" or similar convention as specified by Sun in anynaming convention designation.*4. Trademarks and Logos.* You acknowledge and agree as between you andSun that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE, STAROFFICE,STARPORTAL and iPLANET trademarks and all SUN, SOLARIS, JAVA, JINI,FORTE, STAROFFICE, STARPORTAL and iPLANET-related trademarks, servicemarks, logos and other brand designations ("Sun Marks"), and you agreeto comply with the Sun Trademark and Logo Usage Requirements currentlylocated at http://www.sun.com/policies/trademarks. Any use you make ofthe Sun Marks inures to Sun's benefit.*5. Source Code.* Software may contain source code that is providedsolely for reference purposes pursuant to the terms of this Agreement. Source code may not be redistributed unless expressly provided for inthis Agreement.*6. Termination for Infringement.* Either party may terminate thisAgreement immediately should any Software become, or in either party'sopinion be likely to become, the subject of a claim of infringement ofany intellectual property right.For inquiries please contact: Sun Microsystems, Inc., 4150 NetworkCircle, Santa Clara, California 95054, U.S.A/(LFI#132726/Form ID#011801)/
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