2 Binary Code License Agreement
4 READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL
5 LICENSE TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE
6 OPENING THE SOFTWARE MEDIA PACKAGE. BY OPENING THE SOFTWARE
7 MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF
8 YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE YOUR
9 ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT
10 THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE
11 TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF
12 PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED
13 ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THIS
16 1. LICENSE TO USE. Sun grants you a non-exclusive and
17 non-transferable license for the internal use only of the accompanying
18 software and documentation and any error corrections provided by Sun
19 (collectively "Software"), by the number of users and the class of
20 computer hardware for which the corresponding fee has been paid.
22 2. RESTRICTIONS Software is confidential and copyrighted. Title to
23 Software and all associated intellectual property rights is retained
24 by Sun and/or its licensors. Except as specifically authorized in any
25 Supplemental License Terms, you may not make copies of Software, other
26 than a single copy of Software for archival purposes. Unless
27 enforcement is prohibited by applicable law, you may not modify,
28 decompile, reverse engineer Software. Software is not designed or
29 licensed for use in on-line control of aircraft, air traffic, aircraft
30 navigation or aircraft communications; or in the design, construction,
31 operation or maintenance of any nuclear facility. You warrant that
32 you will not use Software for these purposes. You may not publish or
33 provide the results of any benchmark or comparison tests run on
34 Software to any third party without the prior written consent of Sun.
35 No right, title or interest in or to any trademark, service mark, logo
36 or trade name of Sun or its licensors is granted under this Agreement.
38 3. LIMITED WARRANTY. Sun warrants to you that for a period of ninety
39 (90) days from the date of purchase, as evidenced by a copy of the
40 receipt, the media on which Software is furnished (if any) will be
41 free of defects in materials and workmanship under normal use. Except
42 for the foregoing, Software is provided "AS IS". Your exclusive
43 remedy and Sun's entire liability under this limited warranty will be
44 at Sun's option to replace Software media or refund the fee paid for
47 4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT,
48 ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES,
49 INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
50 PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO
51 THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
53 5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW,
54 IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE,
55 PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL
56 OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF
57 LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO
58 USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
59 DAMAGES. In no event will Sun's liability to you, whether in
60 contract, tort (including negligence), or otherwise, exceed the amount
61 paid by you for Software under this Agreement. The foregoing
62 limitations will apply even if the above stated warranty fails of its
65 6. Termination. This Agreement is effective until terminated. You
66 may terminate this Agreement at any time by destroying all copies of
67 Software. This Agreement will terminate immediately without notice
68 from Sun if you fail to comply with any provision of this Agreement.
69 Upon Termination, you must destroy all copies of Software.
71 7. Export Regulations. All Software and technical data delivered
72 under this Agreement are subject to US export control laws and may be
73 subject to export or import regulations in other countries. You agree
74 to comply strictly with all such laws and regulations and acknowledge
75 that you have the responsibility to obtain such licenses to export,
76 re-export, or import as may be required after delivery to you.
78 8. U.S. Government Restricted Rights. Use, duplication, or
79 disclosure by the U.S. Government is subject to restrictions set forth
80 in this Agreement and as provided in DFARS 227.7202-1 (a) and
81 227.7202-3(a) (1995), DFARS 252.227-7013 (c)(1)(ii)(Oct 1988), FAR
82 12.212 (a) (1995), FAR 52.227-19 (June 1987), or FAR 52.227-14(ALT
83 III) (June 1987), as applicable.
85 9. Governing Law. Any action related to this Agreement will be
86 governed by California law and controlling U.S. federal law. No
87 choice of law rules of any jurisdiction will apply.
89 10. Severability. If any provision of this Agreement is held to be
90 unenforceable, This Agreement will remain in effect with the provision
91 omitted, unless omission would frustrate the intent of the parties, in
92 which case this Agreement will immediately terminate.
94 11. Integration. This Agreement is the entire agreement between you
95 and Sun relating to its subject matter. It supersedes all prior or
96 contemporaneous oral or written communications, proposals,
97 representations and warranties and prevails over any conflicting or
98 additional terms of any quote, order, acknowledgment, or other
99 communication between the parties relating to its subject matter
100 during the term of this Agreement. No modification of this Agreement
101 will be binding, unless in writing and signed by an authorized
102 representative of each party.
104 For inquiries please contact: Sun Microsystems, Inc. 901 San Antonio
105 Road, Palo Alto, California 94303
108 JAVA(TM) DEVELOPMENT KIT VERSION 1.1.8
110 SUPPLEMENTAL LICENSE TERMS
112 These supplemental terms ("Supplement") add to the terms of the Binary
113 Code License Agreement (collectively the "Agreement"). Capitalized
114 terms not defined herein shall have the same meanings ascribed to them
115 in the Agreement. The Supplement terms shall supersede any
116 inconsistent or conflicting terms in the Agreement above, or in any
117 license contained within the Software.
119 1. Limited License Grant. Sun grants to you a non-exclusive,
120 non-transferable limited license to use the Software without fee for
121 evaluation of the Software and for development of Java applets and
122 applications provided that you:
123 (i) may not re-distribute the Software in whole or in part, either
124 separately or included with a product; and (ii) may not create, or
125 authorize your licensees to create additional classes, interfaces, or
126 subpackages that are contained in the "java" or "sun" packages or similar
127 as specified by Sun in any class file naming convention. Refer to the
128 Java Runtime Environment Version 1.1.8 binary code license
129 (http://java.sun.com/products/jdk/1.1/jre/index.html) for the availability
130 of runtime code which may be distributed with Java applets and applications.
132 2. Java Platform Interface. In the event that Licensee creates an
133 additional API(s) which: (i) extends the functionality of a Java
134 Environment; and, (ii) is exposed to third party software developers for
135 the purpose of developing additional software which invokes such
136 additional API, Licensee must promptly publish broadly an accurate
137 specification for such API for free use by all developers.
139 3. Trademarks and Logos. Licensee acknowledges as between it and Sun
140 that Sun owns the Java trademark and all Java-related trademarks, logos
141 and icons including the Coffee Cup and Duke ("Java Marks") and agrees
142 to comply with the Java Trademark Guidelines at
143 http://www.sun.com/policies/trademarks.
145 4. Source Code. Software may contain source code that is provided
146 solely for reference purposes pursuant to the terms of this Agreement.