Sun Microsystems, Inc.
Binary Code License Agreement
for the
JAVATM 2 RUNTIME ENVIRONMENT (J2RE), STANDARD EDITION,
VERSION 1.4.2_X
SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE
THE SOFTWARE IDENTIFIED BELOW 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 DOWNLOADING OR INSTALLING
THIS SOFTWARE, YOU ACCEPT THE TERMS OF THE AGREEMENT.
INDICATE ACCEPTANCE BY SELECTING THE "ACCEPT" BUTTON
AT THE BOTTOM OF THE AGREEMENT. IF YOU ARE NOT
WILLING TO BE BOUND BY ALL THE TERMS, SELECT THE
"DECLINE" BUTTON AT THE BOTTOM OF THE AGREEMENT AND
THE DOWNLOAD OR INSTALL PROCESS WILL NOT CONTINUE.
1.DEFINITIONS. "Software" means the identified above
in binary form, 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 Sun, and any user
manuals, programming guides and other documentation
provided to you by Sun under this Agreement.
"Programs" mean Java applets and applications intended
to run on the Java 2 Platform, Standard Edition
(J2SETM platform) platform on Java-enabled general
purpose desktop computers and servers.
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, Sun grants you a non-exclusive,
non-transferable, limited license without license fees
to reproduce and use internally
Software complete and unmodified for the sole purpose
of running Programs. Additional licenses for
developers and/or publishers are granted in the
Supplemental License Terms.
3.RESTRICTIONS. Software is confidential and
copyrighted. Title to Software and all associated
intellectual property rights is retained by Sun and/or
its licensors. Unless enforcement is prohibited by
applicable law, you may not modify, decompile, or
reverse engineer Software. Licensee acknowledges that
Licensed Software is not designed or intended for use
in the design, construction, operation or maintenance
of any nuclear facility. Sun Microsystems, Inc.
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.
Additional restrictions for developers and/or
publishers licenses are set forth in the Supplemental
License Terms.
4.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. Any implied warranties on the Software are
limited to 90 days. Some states do not allow
limitations on duration of an implied warranty, so the
above may not apply to you. This limited warranty
gives you specific legal rights. You may have others,
which vary from state to state.
5.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.
6.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. Some states do not allow the
exclusion of incidental or consequential damages, so
some of the terms above may not be applicable to you.
7.SOFTWARE UPDATES FROM SUN. You acknowledge that at
your request or consent optional features of the
Software may download, install, and execute applets,
applications, software extensions, and updated
versions of the Software from Sun ("Software
Updates"), which may require you to accept updated
terms and conditions for installation. If additional
terms and conditions are not presented on
installation, the Software Updates will be considered
part of the Software and subject to the terms and
conditions of the Agreement.
8.SOFTWARE FROM SOURCES OTHER THAN SUN. You
acknowledge that, by your use of optional features of
the Software and/or by requesting services that
require use of the optional features of the Software,
the Software may automatically download, install, and
execute software applications from sources other than
Sun ("Other Software"). Sun makes no representations
of a relationship of any kind to licensors of Other
Software. 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
OTHER SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. Some states do not allow
the exclusion of incidental or consequential damages,
so some of the terms above may not be applicable to
you.
9.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. 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.
10.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.
11.TRADEMARKS AND LOGOS. You acknowledge and agree as
between you and Sun that Sun owns the SUN, SOLARIS,
JAVA, JINI, FORTE, and iPLANET trademarks and all SUN,
SOLARIS, JAVA, JINI, FORTE, 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.
12.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).
13.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.
14. 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.
15. 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.
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.Software Internal Use and Development License Grant.
Subject to the terms and conditions of this Agreement,
including, but not limited to the Java Technology
Restrictions of these Supplemental Terms, Sun 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.
B.License to Distribute Software. Subject to the
terms and conditions of this Agreement, including, but
not limited to the Java Technology Restrictions of
these Supplemental Terms, Sun 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 (unless otherwise specified in the
applicable README file) 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 (unless otherwise
specified in the applicable README file), (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.
C.License to Distribute Redistributables. Subject to
the terms and conditions of this Agreement, including
but not limited to the Java Technology Restrictions of
these Supplemental Terms, Sun grants you a
non-exclusive, non-transferable, limited license
without fees to reproduce and distribute those files
specifically identified as redistributable in the
Software "README" file ("Redistributables") provided
that: (i) you distribute the Redistributables
complete and unmodified (unless otherwise specified in
the applicable README file), and only bundled as part
of Programs, (ii) you do not distribute additional
software intended to supersede any component(s) of the
Redistributables (unless otherwise specified in the
applicable README file), (iii) you do not remove or
alter any proprietary legends or notices contained in
or on the Redistributables, (iv) you only distribute
the Redistributables pursuant to a license agreement
that protects Sun's interests consistent with the
terms contained in the Agreement, (v) 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.
D.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.
E.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.
F.Third Party Code. Additional copyright notices and
license terms applicable to portions of the Software
are set forth in the THIRDPARTYLICENSEREADME.txt file.
In addition to any terms and conditions of any third
party opensource/freeware license identified in the
THIRDPARTYLICENSEREADME.txt file, the disclaimer of
warranty and limitation of liability provisions in
paragraphs 5 and 6 of the Binary Code License
Agreement shall apply to all Software in this
distribution.
For inquiries please contact: Sun Microsystems, Inc.,
4150 Network Circle, Santa Clara, California 95054,
U.S.A. (LFI#129530/Form ID#011801)