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- 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. 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.
-
-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.
-
-JAVATM 2 SOFTWARE DEVELOPMENT KIT (J2SDK), STANDARD EDITION,
-VERSION 1.4.1_X 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 4 (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 binary
-form of the Software complete and unmodified for the sole
-purpose of designing, developing and testing your Java
-applets and applications intended to run on the Java
-platform ("Programs").
-
-2. License to Distribute Software. Subject to the terms
-and conditions of this Agreement, including, but not limited
-to Section 4 (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. (vi) include the following
-statement as part of product documentation (whether hard
-copy or electronic), as a part of a copyright page or
-proprietary rights notice page, in an "About" box or in any
-other form reasonably designed to make the statement visible
-to users of the Software: "This product includes code
-licensed from RSA Security, Inc.", and (vii) include the
-statement, "Some portions licensed from IBM are available at
-http://oss.software.ibm.com/icu4j/".
-
-3. License to Distribute Redistributables. Subject to the
-terms and conditions of this Agreement, including but not
-limited to Section 4 (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, (vi) include the following statement as part of
-product documentation (whether hard copy or electronic), as
-a part of a copyright page or proprietary rights notice
-page, in an "About" box or in any other form reasonably
-designed to make the statement visible to users of the
-Software: "This product includes code licensed from RSA
-Security, Inc.", and (vii) include the statement, "Some
-portions licensed from IBM are available at
-http://oss.software.ibm.com/icu4j/".
-
-4. 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.
-
-5. Notice of Automatic Software Updates from Sun. You
-acknowledge that the Software may automatically 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.
-
-6. Notice of Automatic Downloads. You acknowledge that, by
-your use of the Software and/or by requesting services that
-require use 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.
-
-7. Distribution by Publishers. This section pertains to
-your distribution of the Software 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, in addition to the
-license granted in Paragraph 1 above, Sun hereby grants to
-you a non-exclusive, nontransferable limited right to
-reproduce complete and unmodified copies of the Software 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
-Software on a stand-alone basis; it must be distributed with
-your Publication(s); (ii) You are responsible for
-downloading the Software from the applicable Sun web site;
-(iii) You must refer to the Software as JavaTM 2 Software
-Development Kit, Standard Edition, Version 1.4.1; (iv) The
-Software must be reproduced in its entirety and without any
-modification whatsoever (including, without limitation, the
-Binary Code License and Supplemental License Terms
-accompanying the Software and proprietary rights notices
-contained in the Software); (v) The Media label shall
-include the following information: Copyright 2002, Sun
-Microsystems, Inc. All rights reserved. Use is subject to
-license terms. Sun, Sun Microsystems, the Sun logo,
-Solaris, Java, the Java Coffee Cup logo, J2SE , and all
-trademarks and logos based on Java are trademarks or
-registered trademarks of Sun Microsystems, Inc. in the U.S.
-and other countries. This information must be placed on the
-Media label in such a manner as to only apply to the Sun
-Software; (vi) You must clearly identify the Software as
-Sun's product on the Media holder or Media label, and you
-may not state or imply that Sun 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 Software;
-(viii) You shall indemnify Sun for all damages arising from
-your failure to comply with the requirements of this
-Agreement. In addition, you shall defend, at your expense,
-any and all claims brought against Sun by third parties, and
-shall pay all damages awarded by a court of competent
-jurisdiction, or such settlement amount negotiated by you,
-arising out of or in connection with your use, reproduction
-or distribution of the Software and/or the Publication.
-Your obligation to provide indemnification under this
-section shall arise provided that Sun: (i) provides you
-prompt notice of the claim; (ii) gives you sole control of
-the defense and settlement of the claim; (iii) provides you,
-at your expense, with all available information, assistance
-and authority to defend; and (iv) has not compromised or
-settled such claim without your prior written consent; and
-(ix) You shall provide Sun 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 Sun Microsystems, Inc., 4150 Network
-Circle, M/S USCA12-110, Santa Clara, California 95054, U.S.A
-, Attention: Contracts Administration.
-
-8. 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.
-
-9. 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.
-
-10. 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., 4150
-Network Circle, Santa Clara, California 95054, U.S.A
-(LFI#120080/Form ID#011801)
-