Sun Microsystems, Inc.
Binary Code License Agreement
for the
JAVATM 2 SOFTWARE DEVELOPMENT KIT (J2SDK), STANDARD EDITION, VERSION 1.4.2_X
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. "Programs" mean Java applets and
applications intended to run on the Java 2 Platform, Standard Edition (J2SETM
platform) 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.SOFTWARE UPDATES FROM SUN. You acknowledge that at your request or consent
optional features of the Software may 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.
8.SOFTWARE FROM SOURCES OTHER THAN SUN. You acknowledge that, by your use of
optional features of the Software and/or by requesting services that require use
of the optional features 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. Some states do not allow the exclusion of
incidental or consequential damages, so some of the terms above may not be
applicable to you.
9.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.
10.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.
11.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.
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 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, 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 (unless otherwise specified in
the applicable README file) for the purpose of designing, developing, and
testing your Programs.
B.License to Distribute Software. Subject to the terms and conditions of this
Agreement, 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 (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.
C.License to Distribute Redistributables. Subject to the terms and conditions of
this Agreement, 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 (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.
D.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.
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 Software Development Kit, Standard
Edition, Version 1.4.2; (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 2003, 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.
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.
For inquiries please contact: Sun Microsystems, Inc., 4150 Network Circle, Santa
Clara, California 95054, U.S.A.
(LFI#135955/Form ID#011801)