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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. BY OPENING THE SOFTWARE MEDIA
PACKAGE, YOU AGREE TO THE TERMS OF THIS
AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE
ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE
TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE 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 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 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. RESTRICTIONS. Software is confidential and
copyrighted. Title to Software and all associated
intellectual property rights is retained by Sun
and/or its licensors. 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.
Unless enforcement is prohibited by applicable
law, you may not modify, decompile, or reverse
engineer Software. You acknowledge that Software
is not designed, licensed or intended for use in
the design, construction, operation or maintenance
of any nuclear facility. Sun disclaims any
express or implied warranty of fitness 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 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 the receipt,
the media on which Software is furnished (if any)
will be free of defects in materials and
workmanship under normal use. Except for the
foregoing, Software is provided "AS IS". 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. DISCLAIMER OF WARRANTY. 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. LIMITATION OF LIABILITY. 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. 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. The foregoing limitations will apply
even if the above stated warranty fails of its
essential purpose.
6. Termination. This Agreement is effective
until terminated. You may terminate this
Agreement at any time by destroying all copies of
Software. This Agreement will terminate
immediately without notice from Sun if you fail to
comply with any provision of this Agreement. 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.
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. U.S. Government Restricted Rights. 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. Governing Law. Any action related to this
Agreement will be governed by California law and
controlling U.S. federal law. No choice of law
rules of any jurisdiction will apply.
10. 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. Integration. This Agreement is the entire
agreement between you and Sun relating to its
subject matter. 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.
No modification of this Agreement will be binding,
unless in writing and signed by an authorized
representative of each party.
JAVA(TM) INTERFACE CLASSES
JAVA MESSAGE SERVICE (JMS), VERSION 1.1
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 3
(Java 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 ("Programs").
2. License to Distribute Software. 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), 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. 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. 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.
4. Trademarks and Logos. You acknowledge and agree
as between you and Sun 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, 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.
5. 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.
6. Termination for Infringement. 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. 901 San Antonio Road, Palo Alto, California
94303
(LFI#111755/Form ID#011801)
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