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author | Diego Elio Pettenò <flameeyes@gentoo.org> | 2008-09-30 11:37:26 +0000 |
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committer | Diego Elio Pettenò <flameeyes@gentoo.org> | 2008-09-30 11:37:26 +0000 |
commit | 16f83235c772b526a19f39c5b7a3bc68e512c9d1 (patch) | |
tree | ad2aa694650ca6962e2d91babdf6716ed9e9d1dd /licenses | |
parent | alpha/ia64/x86 stable wrt #239031 (diff) | |
download | historical-16f83235c772b526a19f39c5b7a3bc68e512c9d1.tar.gz historical-16f83235c772b526a19f39c5b7a3bc68e512c9d1.tar.bz2 historical-16f83235c772b526a19f39c5b7a3bc68e512c9d1.zip |
Add Sun Studio Express license agreement (going to add the ebuild in a bit).
Diffstat (limited to 'licenses')
-rw-r--r-- | licenses/SunStudioExpress | 215 |
1 files changed, 215 insertions, 0 deletions
diff --git a/licenses/SunStudioExpress b/licenses/SunStudioExpress new file mode 100644 index 000000000000..e0fe017506f6 --- /dev/null +++ b/licenses/SunStudioExpress @@ -0,0 +1,215 @@ +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. |