blob: 5355dd1ef8132e3c975570611aad6bab4b52500a [file] [log] [blame]
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. You acknowledge that Software
is not designed, licensed or intended for use in the design,
construction, operation or maintenance of any nuclear facility. Sun
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.
JAVA(TM) SPEECH API (JSAPI) SPECIFICATION IMPLEMETATION, VERSION
1.0
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 3 (Java(TM) Technology Restrictions) of these Supplemental
Terms, Sun grants you a non-exclusive, non-transferable, limited
license 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
("Programs").
2. License to Distribute Software. In addition to the license granted
in Section 1 (Software Internal Use and Development License Grant) of
these Supplemental Terms, subject to the terms and conditions of this
Agreement, including but not limited to Section 3 (Java Technology
Restrictions), Sun grants you a non-exclusive, non-transferable,
limited license to reproduce and distribute the Software in binary form
only, provided that you (i) distribute the Software complete and
unmodified and only bundled as part of your Programs, (ii) do not
distribute additional software intended to replace any component(s) of
the Software, (iii) do not remove or alter any proprietary legends or
notices contained in the Software, (iv) only distribute the Software
subject to a license agreement that protects Sun's interests consistent
with the terms contained in this Agreement, and (v) 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.
3. 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.
4. 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.
5. 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.
6. 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. 901 San Antonio
Road, Palo Alto, California 94303 (LFI#108931/Form ID#011801)