Fixup fromcvs/togit conversion

[minix-pkgsrc.git] / licenses / oracle-binary-code-license

Oracle Binary Code License Agreement for the Java SE Platform
Products and JavaFX

ORACLE AMERICA, INC. ("ORACLE"), FOR AND ON BEHALF OF ITSELF AND
ITS SUBSIDIARIES AND AFFILIATES UNDER COMMON CONTROL, IS WILLING
TO LICENSE THE SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU
ACCEPT ALL OF THE TERMS CONTAINED IN THIS BINARY CODE LICENSE
AGREEMENT AND SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT").
PLEASE READ THE AGREEMENT CAREFULLY. BY SELECTING THE "ACCEPT
LICENSE AGREEMENT" (OR THE EQUIVALENT) BUTTON AND/OR BY USING THE
SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS AND AGREE TO
THEM. IF YOU ARE AGREEING TO THESE TERMS ON BEHALF OF A COMPANY OR
OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY
TO BIND THE LEGAL ENTITY TO THESE TERMS. IF YOU DO NOT HAVE SUCH
AUTHORITY, OR IF YOU DO NOT WISH TO BE BOUND BY THE TERMS, THEN
SELECT THE "DECLINE LICENSE AGREEMENT" (OR THE EQUIVALENT) BUTTON
AND YOU MUST NOT USE THE SOFTWARE ON THIS SITE OR ANY OTHER MEDIA
ON WHICH THE SOFTWARE IS CONTAINED.

1. DEFINITIONS. "Software" means the software identified above in
binary form that you selected for download, install or use (in the
version You selected for download, install or use) from Oracle or
its authorized licensees, any other machine readable materials
(including, but not limited to, libraries, source files, header
files, and data files), any updates or error corrections provided
by Oracle, and any user manuals, programming guides and other
documentation provided to you by Oracle under this Agreement.
"General Purpose Desktop Computers and Servers" means computers,
including desktop and laptop computers, or servers, used for general
computing functions under end user control (such as but not
specifically limited to email, general purpose Internet browsing,
and office suite productivity tools). The use of Software in systems
and solutions that provide dedicated functionality (other than as
mentioned above) or designed for use in embedded or function-specific
software applications, for example but not limited to: Software
embedded in or bundled with industrial control systems, wireless
mobile telephones, wireless handheld devices, kiosks, TV/STB,
Blu-ray Disc devices, telematics and network control switching
equipment, printers and storage management systems, and other
related systems are excluded from this definition and not licensed
under this Agreement. "Programs" means (a) Java technology applets
and applications intended to run on the Java Platform, Standard
Edition platform on Java-enabled General Purpose Desktop Computers
and Servers; and (b) JavaFX technology applications intended to
run on the JavaFX Runtime on JavaFX-enabled General Purpose Desktop
Computers and Servers. ¡ÈCommercial Features¡É means those features
identified in Table 1-1 (Commercial Features In Java SE Product
Editions) of the Java SE documentation accessible at
http://www.oracle.com/technetwork/java/javase/documentation/index.html.
¡ÈREADME File¡É means the README file for the Software accessible
at http://www.oracle.com/technetwork/java/javase/documentation/index.html.

2. LICENSE TO USE. Subject to the terms and conditions of this
Agreement including, but not limited to, the Java Technology
Restrictions of the Supplemental License Terms, Oracle grants you
a non-exclusive, non-transferable, limited license without license
fees to reproduce and use internally the Software complete and
unmodified for the sole purpose of running Programs. THE LICENSE
SET FORTH IN THIS SECTION 2 DOES NOT EXTEND TO THE COMMERCIAL
FEATURES. YOUR RIGHTS AND OBLIGATIONS RELATED TO THE COMMERCIAL
FEATURES ARE AS SET FORTH IN THE SUPPLEMENTAL TERMS ALONG WITH
ADDITIONAL LICENSES FOR DEVELOPERS AND PUBLISHERS.

3. RESTRICTIONS. Software is copyrighted. Title to Software and
all associated intellectual property rights is retained by Oracle
and/or its licensors. Unless enforcement is prohibited by applicable
law, you may not modify, decompile, or reverse engineer Software.
You acknowledge that the Software is developed for general use in
a variety of information management applications; it is not developed
or intended for use in any inherently dangerous applications,
including applications that may create a risk of personal injury.
If you use the Software in dangerous applications, then you shall
be responsible to take all appropriate fail-safe, backup, redundancy,
and other measures to ensure its safe use. Oracle 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 Oracle or its licensors is granted under this Agreement.
Additional restrictions for developers and/or publishers licenses
are set forth in the Supplemental License Terms.

4. DISCLAIMER OF WARRANTY. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND. ORACLE FURTHER DISCLAIMS ALL WARRANTIES,
EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NONINFRINGEMENT.

5. LIMITATION OF LIABILITY. IN NO EVENT SHALL ORACLE BE LIABLE FOR
ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES,
OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED
BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR
TORT, EVEN IF ORACLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. ORACLE'S ENTIRE LIABILITY FOR DAMAGES HEREUNDER SHALL IN
NO EVENT EXCEED ONE THOUSAND DOLLARS (U.S. $1,000).

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 Oracle if you fail to comply with any provision of this
Agreement. 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. Upon termination, you must destroy all copies of
Software.

7. EXPORT REGULATIONS. You agree that U.S. export control lachnical
data; additional information can be found on Oracle's Global Trade
Compliance web site (http://www.oracle.com/products/export). You
agree that neither the Software nor any direct product thereof will
be exported, directly, or indirectly, in violatr biological weapons
proliferation.

8. TRADEMARKS AND LOGOS. You acknowledge and agree as between you
and Oracle that Oracle owns the ORACLE and JAVA trademarks and all
ORACLE- and JAVA-related trademarks, service marks, logos and other
brand designatioe Guidelines for Oracle Trademarks currently located
at http://www.oracle.com/us/legal/third-party-trademarks/index.html
. Any use you make of the Oracle Marks inures to Oracle's benefit.

9. U.S. GOVERNMENT LICENSE RIGHTS. If Software is being acquired
sentative of each party.

SUPPLEMENTAL LICENSE TERMS

These Supplemental License Terms add to or modify the terms of the
Binary Code License Agreement. Capitalized terms not defined in
these Supplemental Terms shall have the same meanings ascribed to
them in the Binary Code License Agreement. These Supplemental Terms
shall supersede any inconsistent or conflicting terms in the Binary
Code License Agreement, or in any license contained within the
Software.

A. COMMERCIAL FEATURES. You may not use the Commercial Features
for running Programs, Java applets or applications in your internal
business operations or for any commercial or production purpose,
or for any purpose other than as set forth in Sections B, C, D and
E of these Supplemental Terms. If You want to use the Commercial
Features for any purpose other than as permitted in this Agreement,
You must obtain a separate license from Oracle.

B. SOFTWARE INTERNAL USE FOR DEVELOPMENT LICENSE GRANT. Subject to
the terms and conditions of this Agreement and restrictions and
exceptions set forth in the README File incorporated herein by
reference, including, but not limited to the Java Technology
Restrictions of these Supplemental Terms, Oracle grants you a
non-exclusive, non-transferable, limited license without fees to
reproduce internally and use internally the Software complete and
unmodified for the purpose of designing, developing, and testing
your Programs.

C. LICENSE TO DISTRIBUTE SOFTWARE. Subject to the terms and conditions
of this Agreement and restrictions and exceptions set forth in the
README File, including, but not limited to the Java Technology
Restrictions and Limitations on Redistribution of these Supplemental
Terms, Oracle grants you a non-exclusive, non-transferable, limited
license without fees to reproduce and distribute the Software,
provided that (i) you distribute the Software complete and unmodified
and only bundled as part of, and for the sole purpose of running,
your Programs, (ii) the Programs add significant and primary
functionality to the Software, (iii) you do not distribute additional
software intended to replace any component(s) of the Software, (iv)
you do not remove or alter any proprietary legends or notices
contained in the Software, (v) you only distribute the Software
subject to a license agreement that: (a) is a complete, unmodified
reproduction of this Agreement; or (b) protects Oracle's interests
consistent with the terms contained in this Agreement and that
includes the notice set forth in Section H, and (vi) you agree to
defend and indemnify Oracle 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.
The license set forth in this Section C does not extend to the
Software identified in Section G.

D. LICENSE TO DISTRIBUTE REDISTRIBUTABLES. Subject to the terms
and conditions of this Agreement and restrictions and exceptions
set forth in the README File, including but not limited to the Java
Technology Restrictions and Limitations on Redistribution of these
Supplemental Terms, Oracle grants you a non-exclusive, non-transferable,
limited license without fees to reproduce and distribute those
files specifically identified as redistributable in the README File
("Redistributables") provided that: (i) you distribute the
Redistributables complete and unmodified, and only bundled as part
of Programs, (ii) the Programs add significant and primary
functionality to the Redistributables, (iii) you do not distribute
additional software intended to supersede any component(s) of the
Redistributables (unless otherwise specified in the applicable
README File), (iv) you do not remove or alter any proprietary
legends or notices contained in or on the Redistributables, (v)
you only distribute the Redistributables pursuant to a license
agreement that: (a) is a complete, unmodified reproduction of this
Agreement; or (b) protects Oracle's interests consistent with the
terms contained in the Agreement and includes the notice set forth
in Section H, (vi) you agree to defend and indemnify Oracle 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. The license set forth in this
Section D does not extend to the Software identified in Section G.

E. DISTRIBUTION BY PUBLISHERS. This section pertains to your
distribution of the JavaTM SE Development Kit Software (¡ÈJDK¡É)
with your printed book or magazine (as those terms are commonly
used in the industry) relating to Java technology ("Publication").
Subject to and conditioned upon your compliance with the restrictions
and obligations contained in the Agreement, Oracle hereby grants
to you a non-exclusive, nontransferable limited right to reproduce
complete and unmodified copies of the JDK on electronic media (the
"Media") for the sole purpose of inclusion and distribution with
your Publication(s), subject to the following terms: (i) You may
not distribute the JDK on a stand-alone basis; it must be distributed
with your Publication(s); (ii) You are responsible for downloading
the JDK from the applicable Oracle web site; (iii) You must refer
to the JDK as JavaTM SE Development Kit; (iv) The JDK must be
reproduced in its entirety and without any modification whatsoever
(including with respect to all proprietary notices) and distributed
with your Publication subject to a license agreement that is a
complete, unmodified reproduction of this Agreement; (v) The Media
label shall include the following information: ¡ÈCopyright [YEAR],
Oracle America, Inc. All rights reserved. Use is subject to license
terms. ORACLE and JAVA trademarks and all ORACLE- and JAVA-related
trademarks, service marks, logos and other brand designations are
trademarks or registered trademarks of Oracle in the U.S. and other
countries.¡É [YEAR] is the year of Oracle's release of the Software;
the year information can typically be found in the Software¡Çs
¡ÈAbout¡É box or screen. This information must be placed on the
Media label in such a manner as to only apply to the JDK; (vi) You
must clearly identify the JDK as Oracle's product on the Media
holder or Media label, and you may not state or imply that Oracle
is responsible for any third-party software contained on the Media;
(vii) You may not include any third party software on the Media
which is intended to be a replacement or substitute for the JDK;
(viii) You agree to defend and indemnify Oracle 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 the JDK and/or the
Publication; ; and (ix) You shall provide Oracle with a written
notice for each Publication; such notice shall include the following
information: (1) title of Publication, (2) author(s), (3) date of
Publication, and (4) ISBN or ISSN numbers. Such notice shall be
sent to Oracle America, Inc., 500 Oracle Parkway, Redwood Shores,
California 94065 U.S.A , Attention: General Counsel.

F. JAVA TECHNOLOGY RESTRICTIONS. You may not create, modify, or
change the behavior of, or authorize your licensees to create,
modify, or change the behavior of, classes, interfaces, or subpackages
that are in any way identified as "java", "javax", "sun", ¡Èoracle¡É
or similar convention as specified by Oracle in any naming convention
designation.

G. LIMITATIONS ON REDISTRIBUTION. You may not redistribute or
otherwise transfer: (a) JavaFX Runtime prior to version 2.0.2, (b)
JavaFX Development Kit prior to version 2.0.2, or (c) any and all
patches, bug fixes and updates made available by Oracle through
Oracle Premier Support, including those made available under Oracle's
Java SE Support program.

H. COMMERCIAL FEATURES NOTICE. For purpose of complying with
Supplemental Term Section C.(v)(b) and D.(v)(b), your license
agreement shall include the following notice, where the notice is
displayed in a manner that anyone using the Software will see the
notice:

Use of the Commercial Features for any commercial or production
purpose requires a separate license from Oracle. ¡ÈCommercial
Features¡É means those features identified Table 1-1 (Commercial
Features In Java SE Product Editions) of the Java SE documentation
accessible at
http://www.oracle.com/technetwork/java/javase/documentation/index.html

I. SOURCE CODE. Software may contain source code that, unless
expressly licensed for other purposes, 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.

J. THIRD PARTY CODE. Additional copyright notices and license terms
applicable to portions of the Software are set forth in the
THIRDPARTYLICENSEREADME file accessible at
http://www.oracle.com/technetwork/java/javase/documentation/index.html.
In addition to any terms and conditions of any third party
opensource/freeware license identified in the THIRDPARTYLICENSEREADME
file, the disclaimer of warranty and limitation of liability
provisions in paragraphs 4 and 5 of the Binary Code License Agreement
shall apply to all Software in this distribution.

K. 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.

L. INSTALLATION AND AUTO-UPDATE. The Software's installation and
auto-update processes transmit a limited amount of data to Oracle
(or its service provider) about those specific processes to help
Oracle understand and optimize them. Oracle does not associate the
data with personally identifiable information. You can find more
information about the data Oracle collects as a result of your
Software download at
http://www.oracle.com/technetwork/java/javase/documentation/index.html.

For inquiries please contact:  Oracle America, Inc., 500 Oracle
Parkway, Redwood Shores, California 94065, USA.

Last updated 2 July 2012