java-devel.txt
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- Sun Microsystems, Inc. Binary Code License Agreement
- for the JAVA 2 PLATFORM STANDARD EDITION DEVELOPMENT KIT 5.0
- 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. "General Purpose Desktop
- Computers and Servers" means computers, including desktop,
- laptop and tablet computers, or servers, used for general
- computing functions under end user control (such as but not
- specifically limited to email, general purpose Internet
- browsing, and office suite productivity tools). The use of
- Software in systems and solutions that provide dedicated
- functionality (other than as mentioned above) or designed
- for use in embedded or function-specific software
- applications, for example but not limited to: Software
- embedded in or bundled with industrial control systems,
- wireless mobile telephones, wireless handheld devices,
- kiosks, TV/STB, Blu -ray Disc devices, telematics and
- network control switching equipment, printers and storage
- management systems, and other related systems are excluded
- from this definition and not licensed under this Agreement.
- "Programs" means Java technology applets and applications
- intended to run on the Java Platform Standard Edition (Java
- SE) 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. You
- acknowledge 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. 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.
- 8. 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.
- 9. 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.
- 10. 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).
- 11. 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.
- 12. 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.
- 13. 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 and
- restrictions and exceptions set forth in the Software
- "README" file incorporated herein by reference, 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 and restrictions and
- exceptions set forth in the Software README file, 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 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, (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 and restrictions and
- exceptions set forth in the Software README file, 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, and only bundled
- as part of Programs, (ii) the Programs add significant and
- primary functionality to the Redistributables, (iii) you do
- not distribute additional software intended to supersede any
- component(s) of the Redistributables (unless otherwise
- specified in the applicable README file), (iv) you do not
- remove or alter any proprietary legends or notices contained
- in or on the Redistributables, (v) you only distribute the
- Redistributables pursuant to a license agr eement that
- protects Sun's interests consistent with the terms contained
- in the Agreement, (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.
- D. Java Technology Restrictions. You may not create,
- modify, or change the behavior of, or authorize your
- licensees to create, modify, or change the behavior of,
- 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. 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 Platform
- Standard Edition Development Kit 5.0; (iv) The Software must
- be reproduced in its entirety and wit hout 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 2006, 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 Soft ware; (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: (a)
- provides you prompt notice of the claim; (b) gives you sole
- control of the defense and settlement of the claim; (c)
- provides you, at your expense, with all available
- information, assistance and authority to defend; and (d) 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.
- F. 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.
- G. 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.
- H. 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.
- I. Installation and Auto-Update. The Software's
- installation and auto-update processes transmit a limited
- amount of data to Sun (or its service provider) about those
- specific processes to help Sun understand and optimize them.
- Sun does not associate the data with personally identifiable
- information. You can find more information about the data
- Sun collects at http://java.com/data/.
- For inquiries please contact: Sun Microsystems, Inc., 4150
- Network Circle, Santa Clara, California 95054, U.S.A.
- (LFI#143333/Form ID#011801)