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authorDiego Elio Pettenò <flameeyes@gentoo.org>2008-09-30 11:37:26 +0000
committerDiego Elio Pettenò <flameeyes@gentoo.org>2008-09-30 11:37:26 +0000
commit16f83235c772b526a19f39c5b7a3bc68e512c9d1 (patch)
treead2aa694650ca6962e2d91babdf6716ed9e9d1dd /licenses
parentalpha/ia64/x86 stable wrt #239031 (diff)
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Add Sun Studio Express license agreement (going to add the ebuild in a bit).
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+Sun Microsystems, Inc. (“Sun”)
+SOFTWARE LICENSE AGREEMENT
+
+READ THE TERMS OF THIS AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE OPENING
+SOFTWARE MEDIA PACKAGE. BY OPENING SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE
+TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING SOFTWARE ELECTRONICALLY,
+INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE “ACCEPT” (OR
+EQUIVALENT) BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL
+OF THE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE
+FOR A REFUND OR, IF SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE
+“DECLINE” (OR EQUIVALENT) BUTTON AT THE END OF THIS AGREEMENT. IF YOU HAVE
+SEPARATELY AGREED TO LICENSE TERMS (“MASTER TERMS”) FOR YOUR LICENSE TO THIS
+SOFTWARE, THEN SECTIONS 1-6 OF THIS AGREEMENT (“SUPPLEMENTAL LICENSE TERMS”)
+SHALL SUPPLEMENT AND SUPERSEDE THE MASTER TERMS IN RELATION TO THIS
+SOFTWARE.
+
+1. Definitions.
+ (a) “Entitlement” means the collective set of applicable documents
+ authorized by Sun evidencing your obligation to pay associated fees
+ (if any) for the license, associated Services, and the authorized
+ scope of use of Software under this Agreement.
+ (b) “Licensed Unit” means the unit of measure by which your use of
+ Software and/or Service is licensed, as described in your Entitlement.
+ (c) “Permitted Use” means the licensed Software use(s) authorized in this
+ Agreement as specified in your Entitlement. The Permitted Use for any
+ bundled Sun software not specified in your Entitlement will be
+ evaluation use as provided in Section 3.
+ (d) “Service” means the service(s) that Sun or its delegate will provide,
+ if any, as selected in your Entitlement and as further described in
+ the applicable service listings at www.sun.com/service/servicelist.
+ (e) “Software” means the Sun software described in your Entitlement.
+ Also, certain software may be included for evaluation use under
+ Section 3.
+ (f) “You” and “Your” means the individual or legal entity specified in
+ the Entitlement, or for evaluation purposes, the entity performing
+ the evaluation.
+
+2. License Grant and Entitlement.
+ Subject to the terms of your Entitlement, Sun grants you a nonexclusive,
+ nontransferable limited license to use Software for its Permitted Use for
+ the license term. Your Entitlement will specify (a) Software licensed,
+ (b) the Permitted Use, (c) the license term, and (d) the Licensed Units.
+ Additionally, if your Entitlement includes Services, then it will also
+ specify the (e) Service and (f) service term.
+ If your rights to Software or Services are limited in duration and the
+ date such rights begin is other than the purchase date, your Entitlement
+ will provide that beginning date(s).
+ The Entitlement may be delivered to you in various ways depending on the
+ manner in which you obtain Software and Services, for example, the
+ Entitlement may be provided in your receipt, invoice or your contract
+ with Sun or authorized Sun reseller. It may also be in electronic format
+ if you download Software.
+
+3. Permitted Use.
+ As selected in your Entitlement, one or more of the following Permitted
+ Uses will apply to your use of Software. Unless you have an Entitlement
+ that expressly permits it, you may not use Software for any of the other
+ Permitted Uses. If you don't have an Entitlement, or if your Entitlement
+ doesn’t cover additional software delivered to you, then such software is
+ for your Evaluation Use.
+ (a) Evaluation Use. You may evaluate Software internally for a period of
+ 90 days from your first use.
+ (b) Research and Instructional Use. You may use Software internally to
+ design, develop and test, and also to provide instruction on such
+ uses.
+ (c) Individual Use. You may use Software internally for personal,
+ individual use.
+ (d) Commercial Use. You may use Software internally for your own
+ commercial purposes.
+ (e) Service Provider Use. You may make Software functionality accessible
+ (but not by providing Software itself or through outsourcing
+ services) to your end users in an extranet deployment, but not to
+ your affiliated companies or to government agencies.
+
+4. Licensed Units.
+ Your Permitted Use is limited to the number of Licensed Units stated in
+ your Entitlement. If you require additional Licensed Units, you will need
+ additional Entitlement(s).
+
+5. Restrictions.
+ (a) The copies of Software provided to you under this Agreement are
+ licensed, not sold, to you by Sun. Sun reserves all rights not expressly
+ granted. (b) You may make a single archival copy of Software, but
+ otherwise may not copy, modify, or distribute Software. However if the
+ Sun documentation accompanying Software lists specific portions of
+ Software, such as header files, class libraries, reference source code,
+ and/or redistributable files, that may be handled differently, you may do
+ so only as provided in the Sun documentation. (c) You may not rent,
+ lease, lend or encumber Software. (d) Unless enforcement is prohibited by
+ applicable law, you may not decompile, or reverse engineer Software. (e)
+ The terms and conditions of this Agreement will apply to any Software
+ updates, provided to you at Sun’s discretion, that replace and/or
+ supplement the original Software, unless such update contains a separate
+ license. (f) You may not publish or provide the results of any benchmark
+ or comparison tests run on Software to any third party without the prior
+ written consent of Sun. (g) Software is confidential and
+ copyrighted. (h) Unless otherwise specified, if Software is delivered
+ with embedded or bundled software that enables functionality of Software,
+ you may not use such software on a stand-alone basis or use any portion
+ of such software to interoperate with any program(s) other than
+ Software. (i) Software may contain programs that perform automated
+ collection of system data and/or automated software updating
+ services. System data collected through such programs may be used by Sun,
+ its subcontractors, and its service delivery partners for the purpose of
+ providing you with remote system services and/or improving Sun’s software
+ and systems. (j) Software is not designed, licensed or intended for use
+ in the design, construction, operation or maintenance of any nuclear
+ facility and Sun and its licensors disclaim any express or implied
+ warranty of fitness for such uses. (k) 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.
+ 6. Java Compatibility and Open Source.
+ Software may contain Java technology. You may not create additional
+ classes to, or modifications of, the Java technology, except under
+ compatibility requirements available under a separate agreement
+ available at www.java.net.
+ Sun supports and benefits from the global community of open source
+ developers, and thanks the community for its important contributions and
+ open standards-based technology, which Sun has adopted into many of its
+ products.
+ Please note that portions of Software may be provided with notices and
+ open source licenses from such communities and third parties that govern
+ the use of those portions, and any licenses granted hereunder do not
+ alter any rights and obligations you may have under such open source
+ licenses, however, the disclaimer of warranty and limitation of
+ liability provisions in this Agreement will apply to all Software in
+ this distribution.
+
+7. Term and Termination.
+ The license and service term are set forth in your Entitlement(s). Your
+ rights under this Agreement will terminate immediately without notice
+ from Sun if you materially breach it or take any action in derogation of
+ Sun’s and/or its licensors’ rights to Software. Sun may terminate this
+ Agreement should any Software become, or in Sun's reasonable opinion
+ likely to become, the subject of a claim of intellectual property
+ infringement or trade secret misappropriation. Upon termination, you
+ will cease use of, and destroy, Software and confirm compliance in
+ writing to Sun. Sections 1, 5, 6, 7, and 9-15 will survive termination
+ of the Agreement.
+
+8. Limited Warranty.
+ Sun warrants to you that for a period of 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. Some states do not allow
+ limitations on certain implied warranties, 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.
+
+9. 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.
+
+10. 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.
+
+11. Export Regulations.
+ All Software, documents, technical data, and any other materials
+ delivered under this Agreement are subject to U.S. export control laws
+ and may be subject to export or import regulations in other
+ countries. You agree to comply strictly with these laws and regulations
+ and acknowledge that you have the responsibility to obtain any licenses
+ to export, re-export, or import as may be required after delivery to
+ you.
+
+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, including any terms contained in your Entitlement, 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.
+
+Please contact Sun Microsystems, Inc. 4150 Network Circle, Santa Clara,
+California 95054 if you have questions.