| 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) |
| |