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11 Code License Agreement</font></p>
12 <p>READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL
13 LICENSE TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE
14 OPENING THE SOFTWARE MEDIA PACKAGE.á BY OPENING THE SOFTWARE
15 MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT.á IF YOU
16 ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE YOUR ACCEPTANCE
17 OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END
18 OF THIS AGREEMENT.á IF YOU DO NOT AGREE TO ALL THESE TERMS,
19 PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE FOR A
20 REFUND OR, IF THE SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE
21 "DECLINE" BUTTON AT THE END OF THIS AGREEMENT.
22 </p>
24 non-exclusive and non-transferable license for the internal use only
25 of the accompanying software and documentation and any error
26 corrections provided by Sun (collectively "Software"), by
27 the number of users and the class of computer hardware for which the
28 corresponding fee has been paid.
29 </p>
31 copyrighted. Title to Software and all associated intellectual
32 property rights is retained by Sun and/or its licensors.á Except
33 as specifically authorized in any Supplemental License Terms, you may
34 not make copies of Software, other than a single copy of Software for
35 archival purposes.á Unless enforcement is prohibited by
36 applicable law, you may not modify, decompile, or reverse engineer
37 Software.á You acknowledge that Software is not designed,
38 licensed or intended for use in the design, construction, operation
39 or maintenance of any nuclear facility.á Sun disclaims any
40 express or implied warranty of fitness for such uses.á No right,
41 title or interest in or to any trademark, service mark, logo or trade
42 name of Sun or its licensors is granted under this Agreement.
43 </p>
45 period of ninety (90) days from the date of purchase, as evidenced by
46 a copy of the receipt, the media on which Software is furnished (if
47 any) will be free of defects in materials and workmanship under
48 normal use.á Except for the foregoing, Software is provided "AS
49 IS".á Your exclusive remedy and Sun's entire liability
50 under this limited warranty will be at Sun's option to replace
51 Software media or refund the fee paid for Software.
52 </p>
54 THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS
55 AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY,
56 FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED,
57 EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY
58 INVALID.
59 </p>
61 PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE
62 FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT,
63 CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED
64 REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO
65 THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED
66 OF THE POSSIBILITY OF SUCH DAMAGES.á In no event will Sun's
67 liability to you, whether in contract, tort (including negligence),
68 or otherwise, exceed the amount paid by you for Software under this
69 Agreement.á The foregoing limitations will apply even if the
70 above stated warranty fails of its essential purpose.
71 </p>
73 until terminated.á You may terminate this Agreement at any time
74 by destroying all copies of Software.á This Agreement will
75 terminate immediately without notice from Sun if you fail to comply
76 with any provision of this Agreement.á Upon Termination, you
77 must destroy all copies of Software.
78 </p>
80 delivered under this Agreement are subject to US export control laws
81 and may be subject to export or import regulations in other
82 countries.á You agree to comply strictly with all such laws and
83 regulations and acknowledge that you have the responsibility to
84 obtain such licenses to export, re-export, or import as may be
85 required after delivery to you.
86 </p>
88 Software is being acquired by or on behalf of the U.S. Government or
89 by a U.S. Government prime contractor or subcontractor (at any tier),
90 then the Government's rights in Software and accompanying
91 documentation will be only as set forth in this Agreement; this is in
94 non-DOD acquisitions).
95 </p>
97 Agreement will be governed by California law and controlling U.S.
98 federal law.á No choice of law rules of any jurisdiction will
99 apply.
100 </p>
102 is held to be unenforceable, this Agreement will remain in effect
103 with the provision omitted, unless omission would frustrate the
104 intent of the parties, in which case this Agreement will immediately
105 terminate.
106 </p>
108 agreement between you and Sun relating to its subject matter.á
109 It supersedes all prior or contemporaneous oral or written
110 communications, proposals, representations and warranties and
111 prevails over any conflicting or additional terms of any quote,
112 order, acknowledgment, or other communication between the parties
113 relating to its subject matter during the term of this Agreement.á
114 No modification of this Agreement will be binding, unless in writing
115 and signed by an authorized representative of each party.
116 </p>
117 <p align="center" style="margin-bottom: 0cm;"><font size="4"><font color="#000000">JAVAHELP</font>(TM)<font color="#000000"><font size="2" style="font-size: 9pt;">
119 TERMS</font></p>
121 </p>
123 add to or modify the terms of the Binary Code License Agreement
124 (collectively, the "Agreement"). Capitalized terms not
125 defined in these Supplemental Terms shall have the same meanings
126 ascribed to them in the Agreement. These Supplemental Terms shall
127 supersede any inconsistent or conflicting terms in the Agreement, or
128 in any license contained within the Software.
129 </p>
131 Internal Use and Development License Grant.</b> Subject to the terms
132 and conditions of this Agreement, including, but not limited to
133 Section 4 (Java(TM) Technology Restrictions) of these Supplemental
134 Terms, Sun grants you a non-exclusive, non-transferable, limited
135 license to reproduce internally and use internally the binary form of
136 the Software complete and unmodified for the sole purpose of
137 designing, developing and testing your Java applets and applications
139 </p>
141 to Distribute Software.</b>á In addition to the license granted
142 in Section 1 (Software Internal Use and Development License Grant) of
143 these Supplemental Terms, subject to the terms and conditions of this
144 Agreement, including but not limited to Section 4 (Java Technology
145 Restrictions), Sun grants you a non-exclusive, non-transferable,
146 limited license to reproduce and distribute the Software in binary
147 form only, provided that you (i) distribute the Software complete and
148 unmodified and only bundled as part of your Programs, (ii) do not
149 distribute additional software intended to replace any component(s)
150 of the Software, (iii) do not remove or alter any proprietary legends
151 or notices contained in the Software, (iv) only distribute the
152 Software subject to a license agreement that protects Sun's interests
153 consistent with the terms contained in this Agreement, and (v) agree
154 to defend and indemnify Sun and its licensors from and against any
155 damages, costs, liabilities, settlement amounts and/or expenses
156 (including attorneys' fees) incurred in connection with any claim,
157 lawsuit or action by any third party that arises or results from the
158 use or distribution of any and all Programs and/or Software. </font>
159 </p>
161 to Distribute Redistributables.</b>á In addition to the license
162 granted in Section 1 (Software Internal Use and Development License
163 Grant) of these Supplemental Terms, subject to the terms and
164 conditions of this Agreement, including but not limited to Section 3
165 (Java Technology Restrictions) of these Supplemental Terms, Sun
166 grants you a non-exclusive, non-transferable, limited license to
167 reproduce and distribute those files specifically identified as
168 redistributable in the Software "README" file
169 ("Redistributables") provided that: (i) you distribute the
170 Redistributables complete and unmodified (unless otherwise specified
171 in the applicable README file), and only bundled as part of your
172 Programs, (ii) you do not distribute additional software intended to
173 supersede any component(s) of the Redistributables, (iii) you do not
174 remove or alter any proprietary legends or notices contained in or on
175 the Redistributables, (iv) you only distribute the Redistributables
176 pursuant to a license agreement that protects Sun's interests
177 consistent with the terms contained in the Agreement, and (v) you
178 agree to defend and indemnify Sun and its licensors from and against
179 any damages, costs, liabilities, settlement amounts and/or expenses
180 (including attorneys' fees) incurred in connection with any claim,
181 lawsuit or action by any third party that arises or results from the
182 use or distribution of any and all Programs and/or Software. </font>
183 </p>
186 Platform Interface ("JPI", identified as classes contained
188 package), by creating additional classes within the JPI or otherwise
189 causing the addition to or modification of the classes in the JPI.á
190 In the event that you create an additional class and associated
191 API(s) which (i) extends the functionality of the Java platform, and
192 (ii) is exposed to third party software developers for the purpose of
193 developing additional software which invokes such additional API, you
194 must promptly publish broadly an accurate specification for such API
195 for free use by all developers. You may not create, or authorize your
196 licensees to create, additional classes, interfaces, or subpackages
198 "sun" or similar convention as specified by Sun in any
199 naming convention designation.
200 </p>
202 Refer to the appropriate version of the Java Runtime Environment
203 binary code license (currently located at
204 http://www.java.sun.com/jdk/index.html) for the availability of
205 runtime code which may be distributed with Java applets and
206 applications.
207 </p>
209 acknowledge and agree as between you and Sun that Sun owns the SUN,
210 SOLARIS, JAVA, JINI, FORTE, and iPLANET trademarks and all SUN,
211 SOLARIS, JAVA, JINI, FORTE, and iPLANET-related trademarks, service
212 marks, logos and other brand designations ("Sun Marks"),
213 and you agree to comply with the Sun Trademark and Logo Usage
214 Requirements currently located at
215 http://www.sun.com/policies/trademarks. Any use you make of the Sun
216 Marks inures to Sun's benefit.
217 </p>
219 contain source code that is provided solely for reference purposes
220 pursuant to the terms of this Agreement. Source code may not be
221 redistributed unless expressly provided for in this Agreement. Some
222 source code may contain alternative license terms that apply only to
223 that source code file.</p>
225 Either party may terminate this Agreement immediately should any
226 Software become, or in either party's opinion be likely to become,
227 the subject of a claim of infringement of any intellectual property
228 right.
229 </p>
231 inquiries please contact: Sun Microsystems, Inc. 4150 Network Circle,
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