170 lines
9.7 KiB
Text
170 lines
9.7 KiB
Text
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.
|
|
|
|
|
|
|
|
JAVAMAIL, VERSION 1.2
|
|
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(TM) 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. Subject to the terms and conditions of
|
|
this Agreement, including, but not limited to Section 3 (Java (TM)
|
|
Technology Restrictions) of these Supplemental Terms, Sun grants you a
|
|
non-exclusive, non-transferable, limited license to reproduce and distribute
|
|
the Software in binary code form only, provided that (i) you distribute the
|
|
Software complete and unmodified and only bundled as part of, and for the
|
|
sole purpose of running, your Java applets or applications ("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 protects Sun's
|
|
interests consistent with the terms contained in this Agreement, and (vi)
|
|
you 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
|
|
|