Sun Microsystems, Inc.
Binary
+Code License Agreement
READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL +LICENSE TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE +OPENING THE SOFTWARE MEDIA PACKAGE.á BY OPENING THE SOFTWARE +MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT.á IF YOU +ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE YOUR ACCEPTANCE +OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END +OF THIS AGREEMENT.á IF YOU DO NOT AGREE TO ALL THESE TERMS, +PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE FOR A +REFUND OR, IF THE SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE +"DECLINE" BUTTON AT THE END OF THIS AGREEMENT. +
+1.á LICENSE TO USE.á Sun grants you a +non-exclusive and non-transferable license for the internal use only +of the accompanying software and documentation and any error +corrections provided by Sun (collectively "Software"), by +the number of users and the class of computer hardware for which the +corresponding fee has been paid. +
+2.á RESTRICTIONS.á Software is confidential and +copyrighted. Title to Software and all associated intellectual +property rights is retained by Sun and/or its licensors.á Except +as specifically authorized in any Supplemental License Terms, you may +not make copies of Software, other than a single copy of Software for +archival purposes.á Unless enforcement is prohibited by +applicable law, you may not modify, decompile, or reverse engineer +Software.á You acknowledge that Software is not designed, +licensed or intended for use in the design, construction, operation +or maintenance of any nuclear facility.á Sun disclaims any +express or implied warranty of fitness for such uses.á No right, +title or interest in or to any trademark, service mark, logo or trade +name of Sun or its licensors is granted under this Agreement. +
+3. LIMITED WARRANTY.á 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, the media on which Software is furnished (if +any) will be free of defects in materials and workmanship under +normal use.á Except for the foregoing, Software is provided "AS +IS".á Your exclusive remedy and Sun's entire liability +under this limited warranty will be at Sun's option to replace +Software media or refund the fee paid for Software. +
+4.á DISCLAIMER OF WARRANTY.á UNLESS SPECIFIED IN +THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS +AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, +FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, +EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY +INVALID. +
+5.á LIMITATION OF LIABILITY.á TO THE EXTENT NOT +PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE +FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, +CONSEQUENTIAL, INCIDENTAL OR PUNITIVE 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.á In no event will Sun's +liability to you, whether in contract, tort (including negligence), +or otherwise, exceed the amount paid by you for Software under this +Agreement.á The foregoing limitations will apply even if the +above stated warranty fails of its essential purpose. +
+6.á Termination.á This Agreement is effective +until terminated.á You may terminate this Agreement at any time +by destroying all copies of Software.á This Agreement will +terminate immediately without notice from Sun if you fail to comply +with any provision of this Agreement.á Upon Termination, you +must destroy all copies of Software. +
+7. Export Regulations. All Software and technical data +delivered under this Agreement are subject to US export control laws +and may be subject to export or import regulations in other +countries.á You agree to comply strictly with all such laws and +regulations and acknowledge that you have the responsibility to +obtain such licenses to export, re-export, or import as may be +required after delivery to you. +
+8.áá U.S. Government Restricted Rights.á If +Software is being acquired by or on behalf of the U.S. Government or +by a U.S. Government prime contractor or subcontractor (at any tier), +then the Government's rights in Software and accompanying +documentation will be only as set forth in this Agreement; 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 and 12.212 (for +non-DOD acquisitions). +
+9.á Governing Law.á Any action related to this +Agreement will be governed by California law and controlling U.S. +federal law.á No choice of law rules of any jurisdiction will +apply. +
+10.á Severability. If any provision of this Agreement +is held to be unenforceable, this Agreement will remain in effect +with the provision omitted, unless omission would frustrate the +intent of the parties, in which case this Agreement will immediately +terminate. +
+11.á Integration.á This Agreement is the entire +agreement between you and Sun relating to its subject matter.á +It supersedes all prior or contemporaneous oral or written +communications, proposals, representations and warranties and +prevails over any conflicting or additional terms of any quote, +order, acknowledgment, or other communication between the parties +relating to its subject matter during the term of this Agreement.á +No modification of this Agreement will be binding, unless in writing +and signed by an authorized representative of each party. +
+JAVAHELP(TM)
+VERSION 2.0
SUPPLEMENTAL LICENSE
+TERMS
+
These supplemental license terms ("Supplemental Terms") +add to or modify the terms of the Binary Code License Agreement +(collectively, the "Agreement"). Capitalized terms not +defined in these Supplemental Terms shall have the same meanings +ascribed to them in the Agreement. These Supplemental Terms shall +supersede any inconsistent or conflicting terms in the Agreement, or +in any license contained within the Software. +
+1. Software +Internal Use and Development License Grant. Subject to the terms +and conditions of this Agreement, including, but not limited to +Section 4 (Java(TM) Technology Restrictions) of these Supplemental +Terms, Sun grants you a non-exclusive, non-transferable, limited +license to reproduce internally and use internally the binary form of +the Software complete and unmodified for the sole purpose of +designing, developing and testing your Java applets and applications +intended to run on the Java platform ("Programs"). +
+2. License +to Distribute Software.á In addition to the license granted +in Section 1 (Software Internal Use and Development License Grant) of +these Supplemental Terms, subject to the terms and conditions of this +Agreement, including but not limited to Section 4 (Java Technology +Restrictions), Sun grants you a non-exclusive, non-transferable, +limited license to reproduce and distribute the Software in binary +form only, provided that you (i) distribute the Software complete and +unmodified and only bundled as part of your Programs, (ii) do not +distribute additional software intended to replace any component(s) +of the Software, (iii) do not remove or alter any proprietary legends +or notices contained in the Software, (iv) only distribute the +Software subject to a license agreement that protects Sun's interests +consistent with the terms contained in this Agreement, and (v) agree +to defend and indemnify Sun and its licensors from and against any +damages, costs, liabilities, settlement amounts and/or expenses +(including attorneys' fees) incurred in connection with any claim, +lawsuit or action by any third party that arises or results from the +use or distribution of any and all Programs and/or Software. +
+3. License +to Distribute Redistributables.á In addition to the license +granted in Section 1 (Software Internal Use and Development License +Grant) of these Supplemental Terms, subject to the terms and +conditions of this Agreement, including but not limited to Section 3 +(Java Technology Restrictions) of these Supplemental Terms, Sun +grants you a non-exclusive, non-transferable, limited license to +reproduce and distribute those files specifically identified as +redistributable in the Software "README" file +("Redistributables") provided that: (i) you distribute the +Redistributables complete and unmodified (unless otherwise specified +in the applicable README file), and only bundled as part of your +Programs, (ii) you do not distribute additional software intended to +supersede any component(s) of the Redistributables, (iii) you do not +remove or alter any proprietary legends or notices contained in or on +the Redistributables, (iv) you only distribute the Redistributables +pursuant to a license agreement that protects Sun's interests +consistent with the terms contained in the Agreement, and (v) you +agree to defend and indemnify Sun and its licensors from and against +any damages, costs, liabilities, settlement amounts and/or expenses +(including attorneys' fees) incurred in connection with any claim, +lawsuit or action by any third party that arises or results from the +use or distribution of any and all Programs and/or Software. +
+4. Java +Technology Restrictions. You may not modify the Java +Platform Interface ("JPI", identified as classes contained +within the "java" package or any subpackages of the "java" +package), by creating additional classes within the JPI or otherwise +causing the addition to or modification of the classes in the JPI.á +In the event that you create an additional class and associated +API(s) which (i) extends the functionality of the Java platform, and +(ii) is exposed to third party software developers for the purpose of +developing additional software which invokes such additional API, you +must promptly publish broadly an accurate specification for such API +for free use by all developers. You may not create, or authorize your +licensees to create, additional classes, interfaces, or subpackages +that are in any way identified as "java", "javax", +"sun" or similar convention as specified by Sun in any +naming convention designation. +
+5. Java Runtime Availability.á +Refer to the appropriate version of the Java Runtime Environment +binary code license (currently located at +http://www.java.sun.com/jdk/index.html) for the availability of +runtime code which may be distributed with Java applets and +applications. +
+6. Trademarks and Logos. You +acknowledge and agree as between you and Sun that Sun owns the SUN, +SOLARIS, JAVA, JINI, FORTE, and iPLANET trademarks and all SUN, +SOLARIS, JAVA, JINI, FORTE, and iPLANET-related trademarks, service +marks, logos and other brand designations ("Sun Marks"), +and you agree to comply with the Sun Trademark and Logo Usage +Requirements currently located at +http://www.sun.com/policies/trademarks. Any use you make of the Sun +Marks inures to Sun's benefit. +
+7. Source Code. Software may +contain source code that is provided solely for reference purposes +pursuant to the terms of this Agreement. Source code may not be +redistributed unless expressly provided for in this Agreement. Some +source code may contain alternative license terms that apply only to +that source code file.
+8. Termination for Infringement.á +Either party may terminate 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. +
+For
+inquiries please contact: Sun Microsystems, Inc. 4150 Network Circle,
+Santa Clara, California 95054.
(LFI#135834/Form
+ID#011801)