1 Java(TM) Media Framework (JMF) 2.1.x
2 Binary Code License Agreement
4 READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED
5 SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY
6 "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE
7 MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA
8 PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT.
9 IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY,
10 INDICATE YOUR ACCEPTANCE OF THESE TERMS BY
11 SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS
12 AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE
13 TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR
14 PLACE OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE
15 IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE"
16 BUTTON AT THE END OF THIS AGREEMENT.
18 1. License to Use. Sun Microsystems, Inc. ("Sun")
19 grants you a non-exclusive and non-transferable
20 license for the internal use only of the
21 accompanying software and documentation and any
22 error corrections provided by Sun (collectively
23 "Software"), by the number of users and the class
24 of computer hardware for which the corresponding
27 2. Restrictions. Software is confidential and
28 copyrighted. Title to Software and all associated
29 intellectual property rights is retained by Sun
30 and/or its licensors. Except as specifically
31 authorized in any Supplemental License Terms, you
32 may not make copies of Software, other than a
33 single copy of Software for archival purposes.
34 Unless enforcement is prohibited by applicable
35 law, you may not modify, decompile, or reverse
36 engineer Software. You acknowledge that Software
37 is not designed or intended for use in the design,
38 construction, operation or maintenance of any
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40 implied warranty of fitness for such uses. No
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43 licensors is granted under this Agreement.
45 3. Limited Warranty. Sun warrants to you that for
46 a period of ninety (90) days from the date of
47 purchase, as evidenced by a copy of the receipt,
48 the media on which Software is furnished (if any)
49 will be free of defects in materials and
50 workmanship under normal use. Except for the
51 foregoing, Software is provided "AS IS". Your
52 exclusive remedy and Sun's entire liability under
53 this limited warranty will be at Sun's option to
54 replace Software media or refund the fee paid for
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60 IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
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65 5. LIMITATION OF LIABILITY. TO THE EXTENT NOT
66 PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS
67 LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT
68 OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL,
69 INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED
70 REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT
71 OF OR RELATED TO THE USE OF OR INABILITY TO USE
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73 POSSIBILITY OF SUCH DAMAGES. In no event will
74 Sun's liability to you, whether in contract, tort
75 (including negligence), or otherwise, exceed the
76 amount paid by you for Software under this
77 Agreement. The foregoing limitations will apply
78 even if the above stated warranty fails of its
81 6. Termination. This Agreement is effective until
82 terminated. You may terminate this Agreement at
83 any time by destroying all copies of Software.
84 This Agreement will terminate immediately without
85 notice from Sun if you fail to comply with any
86 provision of this Agreement. Upon Termination, you
87 must destroy all copies of Software.
89 7. Export Regulations. All Software and technical
90 data delivered under this Agreement are subject to
91 US export control laws and may be subject to
92 export or import regulations in other countries.
93 You agree to comply strictly with all such laws
94 and regulations and acknowledge that you have the
95 responsibility to obtain such licenses to export,
96 re-export, or import as may be required after
99 8. U.S. Government Restricted Rights. If Software
100 is being acquired by or on behalf of the U.S.
101 Government or by a U.S. Government prime
102 contractor or subcontractor (at any tier), then
103 the Government's rights in Software and
104 accompanying documentation will be only as set
105 forth in this Agreement; this is in accordance
106 with 48 C.F.R. 227.7202-4 (for Department of
107 Defense (DOD) acquisitions) and with 48 CFR 2.101
108 and 12.212 (for non-DOD acquisitions).
110 9. Governing Law. Any action related to this
111 Agreement will be governed by California law and
112 controlling U.S. federal law. No choice of law
113 rules of any jurisdiction will apply.
115 10. Severability. If any provision of this
116 Agreement is held to be unenforceable, this
117 Agreement will remain in effect with the provision
118 omitted, unless omission would frustrate the
119 intent of the parties, in which case this
120 Agreement will immediately terminate.
122 11. Integration. This Agreement is the entire
123 agreement between you and Sun relating to its
124 subject matter. It supersedes all prior or
125 contemporaneous oral or written communications,
126 proposals, representations and warranties and
127 prevails over any conflicting or additional terms
128 of any quote, order, acknowledgment, or other
129 communication between the parties relating to its
130 subject matter during the term of this Agreement.
131 No modification of this Agreement will be binding,
132 unless in writing and signed by an authorized
133 representative of each party.
135 Java(TM) Media Framework (JMF) 2.1.x
136 Supplemental License Terms
138 These supplemental license terms ("Supplemental
139 Terms") add to or modify the terms of the Binary
140 Code License Agreement (collectively, the
141 "Agreement"). Capitalized terms not defined in
142 these Supplemental Terms shall have the same
143 meanings ascribed to them in the Agreement. These
144 Supplemental Terms shall supersede any
145 inconsistent or conflicting terms in the
146 Agreement, or in any license contained within the
149 1. Software Internal Use and Development License
150 Grant. Subject to the terms and conditions of this
151 Agreement, including, but not limited to Section 3
152 (Java Technology Restrictions) of these
153 Supplemental Terms, Sun grants you a
154 non-exclusive, non-transferable, limited license
155 to reproduce internally and use internally the
156 binary form of the Software, complete and
157 unmodified, for the sole purpose of designing,
158 developing and testing your Java applets and
159 applications ("Programs").
161 2. License to Distribute Software. In addition to
162 the license granted in Section 1 (Software
163 Internal Use and Development License Grant) of
164 these Supplemental Terms, subject to the terms and
165 conditions of this Agreement, including but not
166 limited to, Section 3 (Java Technology
167 Restrictions) of these Supplemental Terms, Sun
168 grants you a non-exclusive, non-transferable,
169 limited license to reproduce and distribute the
170 Software in binary code form only, provided that
171 you: (i) distribute the Software complete and
172 unmodified, except that you may omit those files
173 specifically identified as"optional" in the
174 Software "README" file, which include samples,
175 documents, and bin files, or that are removable by
176 using the Software customizer tool provided, only
177 as part of and for the sole purpose of running
178 your Program into which the Software is
179 incorporated; (ii) do not distribute additional
180 software intended to replace any components of the
181 Software; (iii) do not remove or alter any
182 proprietary legends or notices contained in the
183 Software; (iv) only distribute the Software
184 subject to a license agreement that protects Sun's
185 interests consistent with the terms contained in
186 this Agreement; and (v) agree to defend and
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190 incurred in connection with any claim, lawsuit or
191 action by any third party that arises or results
192 from the use or distribution of any and all
193 Programs or Software.
195 3. Java^ Technology Restrictions. You may not
196 modify the Java Platform Interface ("JPI",
197 identified as classes contained within the "java"
198 package or any subpackages of the "java" package),
199 by creating additional classes within the JPI or
200 otherwise causing the addition to or modification
201 of the classes in the JPI. In the event that you
202 create an additional class and associated API's,
203 which: (i) extends the functionality of the Java
204 platform, and (ii) is exposed to third party
205 software developers for the purpose of developing
206 additional software which invokes such additional
207 API, you must promptly publish broadly an accurate
208 specification for such API for free use by all
209 developers. You may not create, or authorize your
210 licensees to create additional classes,
211 interfaces, packages or subpackages that are in
212 any way identified as "java", "javax", "sun" or
213 similar convention as specified by Sun in any
214 class file naming convention designation.
216 4. Java Runtime Availability. Refer to the
217 appropriate version of the Java Runtime
218 Environment binary code license (currently located
219 at [1]http://www.java.sun.com/jdk/index.html) for
220 the availability of runtime code which may be
221 distributed with Java applets and applications.
223 5. Trademarks and Logos. You acknowledge and agree
224 as between you and Sun that Sun owns the SUN,
225 SOLARIS, JAVA, JINI, FORTE, STAROFFICE, STARPORTAL
226 and iPLANET trademarks and all SUN, SOLARIS, JAVA,
227 JINI, FORTE, STAROFFICE, STARPORTAL and
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231 Logo Usage Requirements currently located at
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233 you make of the Sun Marks inures to Sun's benefit.
235 6. Source Code. Software may contain source code
236 that is provided solely for reference purposes
237 pursuant to the terms of this Agreement. Source
238 code may not be redistributed unless expressly
239 provided for in this Agreement.
241 7. Termination for Infringement. Either party may
242 terminate this Agreement immediately should any
243 Software become, or in either party's opinion be
244 likely to become, the subject of a claim of
245 infringement of any intellectual property right.
247 For inquiries please contact: Sun Microsystems,
248 Inc. 4150 Network Circle, Santa Clara, California
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255 1. http://www.java.sun.com/jdk/index.html