| 1 | Sun Microsystems, Inc. |
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| 2 | Binary Code License Agreement |
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| 3 | for the |
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| 4 | JAVATM 2 RUNTIME ENVIRONMENT (J2RE), STANDARD EDITION, |
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| 5 | VERSION 1.4.2_X |
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| 6 | |
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| 7 | SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE |
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| 8 | SOFTWARE IDENTIFIED BELOW TO YOU ONLY UPON THE CONDITION |
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| 9 | THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS BINARY |
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| 10 | CODE LICENSE AGREEMENT AND SUPPLEMENTAL LICENSE TERMS |
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| 11 | (COLLECTIVELY "AGREEMENT"). PLEASE READ THE AGREEMENT |
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| 12 | CAREFULLY. BY DOWNLOADING OR INSTALLING THIS SOFTWARE, YOU |
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| 13 | ACCEPT THE TERMS OF THE AGREEMENT. INDICATE ACCEPTANCE BY |
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| 14 | SELECTING THE "ACCEPT" BUTTON AT THE BOTTOM OF THE |
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| 15 | AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY ALL THE |
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| 16 | TERMS, SELECT THE "DECLINE" BUTTON AT THE BOTTOM OF THE |
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| 17 | AGREEMENT AND THE DOWNLOAD OR INSTALL PROCESS WILL NOT |
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| 18 | CONTINUE. |
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| 19 | |
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| 20 | 1.DEFINITIONS. "Software" means the identified above in |
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| 21 | binary form, any other machine readable materials |
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| 22 | (including, but not limited to, libraries, source files, |
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| 23 | header files, and data files), any updates or error |
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| 24 | corrections provided by Sun, and any user manuals, |
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| 25 | programming guides and other documentation provided to you |
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| 26 | by Sun under this Agreement. "Programs" mean Java applets |
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| 27 | and applications intended to run on the Java 2 Platform, |
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| 28 | Standard Edition (J2SETM platform) platform on Java-enabled |
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| 29 | general purpose desktop computers and servers. |
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| 30 | |
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| 31 | 2.LICENSE TO USE. Subject to the terms and conditions of |
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| 32 | this Agreement, including, but not limited to the Java |
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| 33 | Technology Restrictions of the Supplemental License Terms, |
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| 34 | Sun grants you a non-exclusive, non-transferable, limited |
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| 35 | license without license fees to reproduce and use |
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| 36 | internally Software complete and unmodified for the sole |
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| 37 | purpose of running Programs. Additional licenses for |
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| 38 | developers and/or publishers are granted in the |
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| 39 | Supplemental License Terms. |
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| 40 | |
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| 41 | 3.RESTRICTIONS. Software is confidential and copyrighted. |
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| 42 | Title to Software and all associated intellectual property |
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| 43 | rights is retained by Sun and/or its licensors. Unless |
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| 44 | enforcement is prohibited by applicable law, you may not |
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| 45 | modify, decompile, or reverse engineer Software. Licensee |
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| 46 | acknowledges that Licensed Software is not designed or |
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| 47 | intended for use in the design, construction, operation or |
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| 48 | maintenance of any nuclear facility. Sun Microsystems, Inc. |
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| 49 | disclaims any express or implied warranty of fitness for |
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| 50 | such uses. No right, title or interest in or to any |
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| 51 | trademark, service mark, logo or trade name of Sun or its |
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| 52 | licensors is granted under this Agreement. Additional |
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| 53 | restrictions for developers and/or publishers licenses are |
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| 54 | set forth in the Supplemental License Terms. |
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| 55 | |
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| 56 | 4.LIMITED WARRANTY. Sun warrants to you that for a period |
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| 57 | of ninety (90) days from the date of purchase, as evidenced |
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| 58 | by a copy of the receipt, the media on which Software is |
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| 59 | furnished (if any) will be free of defects in materials and |
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| 60 | workmanship under normal use. Except for the foregoing, |
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| 61 | Software is provided "AS IS". Your exclusive remedy and |
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| 62 | Sun's entire liability under this limited warranty will be |
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| 63 | at Sun's option to replace Software media or refund the fee |
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| 64 | paid for Software. Any implied warranties on the Software |
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| 65 | are limited to 90 days. Some states do not allow |
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| 66 | limitations on duration of an implied warranty, so the |
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| 67 | above may not apply to you. This limited warranty gives you |
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| 68 | specific legal rights. You may have others, which vary from |
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| 69 | state to state. |
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| 70 | |
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| 71 | 5.DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS |
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| 72 | AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, |
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| 73 | REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED |
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| 74 | WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR |
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| 75 | PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE |
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| 76 | EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY |
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| 77 | INVALID. |
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| 78 | |
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| 79 | 6.LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY |
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| 80 | LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR |
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| 81 | ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, |
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| 82 | CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER |
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| 83 | CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT |
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| 84 | OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, |
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| 85 | EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH |
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| 86 | DAMAGES. In no event will Sun's liability to you, whether |
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| 87 | in contract, tort (including negligence), or otherwise, |
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| 88 | exceed the amount paid by you for Software under this |
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| 89 | Agreement. The foregoing limitations will apply even if |
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| 90 | the above stated warranty fails of its essential purpose. |
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| 91 | Some states do not allow the exclusion of incidental or |
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| 92 | consequential damages, so some of the terms above may not |
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| 93 | be applicable to you. |
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| 94 | |
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| 95 | 7.SOFTWARE UPDATES FROM SUN. You acknowledge that at your |
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| 96 | request or consent optional features of the Software may |
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| 97 | download, install, and execute applets, applications, |
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| 98 | software extensions, and updated versions of the Software |
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| 99 | from Sun ("Software Updates"), which may require you to |
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| 100 | accept updated terms and conditions for installation. If |
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| 101 | additional terms and conditions are not presented on |
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| 102 | installation, the Software Updates will be considered part |
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| 103 | of the Software and subject to the terms and conditions of |
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| 104 | the Agreement. |
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| 105 | |
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| 106 | 8.SOFTWARE FROM SOURCES OTHER THAN SUN. You acknowledge |
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| 107 | that, by your use of optional features of the Software |
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| 108 | and/or by requesting services that require use of the |
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| 109 | optional features of the Software, the Software may |
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| 110 | automatically download, install, and execute software |
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| 111 | applications from sources other than Sun ("Other |
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| 112 | Software"). Sun makes no representations of a relationship |
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| 113 | of any kind to licensors of Other Software. TO THE EXTENT |
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| 114 | NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS |
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| 115 | LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, |
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| 116 | OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR |
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| 117 | PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY |
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| 118 | OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR |
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| 119 | INABILITY TO USE OTHER SOFTWARE, EVEN IF SUN HAS BEEN |
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| 120 | ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do |
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| 121 | not allow the exclusion of incidental or consequential |
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| 122 | damages, so some of the terms above may not be applicable |
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| 123 | to you. |
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| 124 | |
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| 125 | 9.TERMINATION. This Agreement is effective until |
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| 126 | terminated. You may terminate this Agreement at any time |
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| 127 | by destroying all copies of Software. This Agreement will |
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| 128 | terminate immediately without notice from Sun if you fail |
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| 129 | to comply with any provision of this Agreement. Either |
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| 130 | party may terminate this Agreement immediately should any |
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| 131 | Software become, or in either party's opinion be likely to |
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| 132 | become, the subject of a claim of infringement of any |
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| 133 | intellectual property right. Upon Termination, you must |
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| 134 | destroy all copies of Software. |
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| 135 | |
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| 136 | 10.EXPORT REGULATIONS. All Software and technical data |
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| 137 | delivered under this Agreement are subject to US export |
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| 138 | control laws and may be subject to export or import |
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| 139 | regulations in other countries. You agree to comply |
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| 140 | strictly with all such laws and regulations and acknowledge |
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| 141 | that you have the responsibility to obtain such licenses to |
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| 142 | export, re-export, or import as may be required after |
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| 143 | delivery to you. |
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| 144 | |
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| 145 | 11.TRADEMARKS AND LOGOS. You acknowledge and agree as |
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| 146 | between you and Sun that Sun owns the SUN, SOLARIS, JAVA, |
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| 147 | JINI, FORTE, and iPLANET trademarks and all SUN, SOLARIS, |
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| 148 | JAVA, JINI, FORTE, and iPLANET-related trademarks, service |
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| 149 | marks, logos and other brand designations ("Sun Marks"), |
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| 150 | and you agree to comply with the Sun Trademark and Logo |
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| 151 | Usage Requirements currently located at |
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| 152 | http://www.sun.com/policies/trademarks. Any use you make of |
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| 153 | the Sun Marks inures to Sun's benefit. |
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| 154 | |
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| 155 | 12.U.S. GOVERNMENT RESTRICTED RIGHTS. If Software is being |
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| 156 | acquired by or on behalf of the U.S. Government or by a |
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| 157 | U.S. Government prime contractor or subcontractor (at any |
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| 158 | tier), then the Government's rights in Software and |
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| 159 | accompanying documentation will be only as set forth in |
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| 160 | this Agreement; this is in accordance with 48 CFR 227.7201 |
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| 161 | through 227.7202-4 (for Department of Defense (DOD) |
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| 162 | acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD |
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| 163 | acquisitions). |
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| 164 | |
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| 165 | 13.GOVERNING LAW. Any action related to this Agreement |
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| 166 | will be governed by California law and controlling U.S. |
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| 167 | federal law. No choice of law rules of any jurisdiction |
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| 168 | will apply. |
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| 169 | |
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| 170 | 14. SEVERABILITY. If any provision of this Agreement is |
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| 171 | held to be unenforceable, this Agreement will remain in |
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| 172 | effect with the provision omitted, unless omission would |
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| 173 | frustrate the intent of the parties, in which case this |
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| 174 | Agreement will immediately terminate. |
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| 175 | |
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| 176 | 15. INTEGRATION. This Agreement is the entire agreement |
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| 177 | between you and Sun relating to its subject matter. It |
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| 178 | supersedes all prior or contemporaneous oral or written |
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| 179 | communications, proposals, representations and warranties |
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| 180 | and prevails over any conflicting or additional terms of |
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| 181 | any quote, order, acknowledgment, or other communication |
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| 182 | between the parties relating to its subject matter during |
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| 183 | the term of this Agreement. No modification of this |
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| 184 | Agreement will be binding, unless in writing and signed by |
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| 185 | an authorized representative of each party. |
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| 186 | |
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| 187 | SUPPLEMENTAL LICENSE TERMS |
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| 188 | |
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| 189 | These Supplemental License Terms add to or modify the terms |
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| 190 | of the Binary Code License Agreement. Capitalized terms not |
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| 191 | defined in these Supplemental Terms shall have the same |
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| 192 | meanings ascribed to them in the Binary Code License |
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| 193 | Agreement . These Supplemental Terms shall supersede any |
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| 194 | inconsistent or conflicting terms in the Binary Code |
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| 195 | License Agreement, or in any license contained within the |
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| 196 | Software. |
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| 197 | |
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| 198 | A.Software Internal Use and Development License Grant. |
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| 199 | Subject to the terms and conditions of this Agreement, |
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| 200 | including, but not limited to the Java Technology |
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| 201 | Restrictions of these Supplemental Terms, Sun grants you a |
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| 202 | non-exclusive, non-transferable, limited license without |
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| 203 | fees to reproduce internally and use internally the |
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| 204 | Software complete and unmodified for the purpose of |
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| 205 | designing, developing, and testing your Programs. |
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| 206 | |
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| 207 | B.License to Distribute Software. Subject to the terms and |
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| 208 | conditions of this Agreement, including, but not limited to |
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| 209 | the Java Technology Restrictions of these Supplemental |
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| 210 | Terms, Sun grants you a non-exclusive, non-transferable, |
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| 211 | limited license without fees to reproduce and distribute |
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| 212 | the Software, provided that (i) you distribute the Software |
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| 213 | complete and unmodified (unless otherwise specified in the |
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| 214 | applicable README file) and only bundled as part of, and |
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| 215 | for the sole purpose of running, your Programs, (ii) the |
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| 216 | Programs add significant and primary functionality to the |
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| 217 | Software, (iii) you do not distribute additional software |
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| 218 | intended to replace any component(s) of the Software |
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| 219 | (unless otherwise specified in the applicable README file), |
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| 220 | (iv) you do not remove or alter any proprietary legends or |
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| 221 | notices contained in the Software, (v) you only distribute |
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| 222 | the Software subject to a license agreement that protects |
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| 223 | Sun's interests consistent with the terms contained in this |
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| 224 | Agreement, and (vi) you agree to defend and indemnify Sun |
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| 225 | and its licensors from and against any damages, costs, |
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| 226 | liabilities, settlement amounts and/or expenses (including |
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| 227 | attorneys' fees) incurred in connection with any claim, |
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| 228 | lawsuit or action by any third party that arises or results |
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| 229 | from the use or distribution of any and all Programs and/or |
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| 230 | Software. |
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| 231 | |
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| 232 | C.License to Distribute Redistributables. Subject to the |
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| 233 | terms and conditions of this Agreement, including but not |
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| 234 | limited to the Java Technology Restrictions of these |
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| 235 | Supplemental Terms, Sun grants you a non-exclusive, |
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| 236 | non-transferable, limited license without fees to reproduce |
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| 237 | and distribute those files specifically identified as |
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| 238 | redistributable in the Software "README" file |
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| 239 | ("Redistributables") provided that: (i) you distribute the |
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| 240 | Redistributables complete and unmodified (unless otherwise |
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| 241 | specified in the applicable README file), and only bundled |
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| 242 | as part of Programs, (ii) you do not distribute additional |
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| 243 | software intended to supersede any component(s) of the |
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| 244 | Redistributables (unless otherwise specified in the |
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| 245 | applicable README file), (iii) you do not remove or alter |
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| 246 | any proprietary legends or notices contained in or on the |
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| 247 | Redistributables, (iv) you only distribute the |
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| 248 | Redistributables pursuant to a license agreement that |
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| 249 | protects Sun's interests consistent with the terms |
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| 250 | contained in the Agreement, (v) you agree to defend and |
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| 251 | indemnify Sun and its licensors from and against any |
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| 252 | damages, costs, liabilities, settlement amounts and/or |
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| 253 | expenses (including attorneys' fees) incurred in connection |
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| 254 | with any claim, lawsuit or action by any third party that |
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| 255 | arises or results from the use or distribution of any and |
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| 256 | all Programs and/or Software. |
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| 257 | |
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| 258 | D.Java Technology Restrictions. You may not modify the Java |
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| 259 | Platform Interface ("JPI", identified as classes contained |
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| 260 | within the "java" package or any subpackages of the "java" |
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| 261 | package), by creating additional classes within the JPI or |
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| 262 | otherwise causing the addition to or modification of the |
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| 263 | classes in the JPI. In the event that you create an |
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| 264 | additional class and associated API(s) which (i) extends |
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| 265 | the functionality of the Java platform, and (ii) is exposed |
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| 266 | to third party software developers for the purpose of |
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| 267 | developing additional software which invokes such |
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| 268 | additional API, you must promptly publish broadly an |
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| 269 | accurate specification for such API for free use by all |
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| 270 | developers. You may not create, or authorize your |
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| 271 | licensees to create, additional classes, interfaces, or |
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| 272 | subpackages that are in any way identified as "java", |
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| 273 | "javax", "sun" or similar convention as specified by Sun in |
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| 274 | any naming convention designation. |
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| 275 | |
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| 276 | E.Source Code. Software may contain source code that, |
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| 277 | unless expressly licensed for other purposes, is provided |
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| 278 | solely for reference purposes pursuant to the terms of this |
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| 279 | Agreement. Source code may not be redistributed unless |
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| 280 | expressly provided for in this Agreement. |
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| 281 | |
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| 282 | F.Third Party Code. Additional copyright notices and |
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| 283 | license terms applicable to portions of the Software are |
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| 284 | set forth in the THIRDPARTYLICENSEREADME.txt file. In |
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| 285 | addition to any terms and conditions of any third party |
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| 286 | opensource/freeware license identified in the |
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| 287 | THIRDPARTYLICENSEREADME.txt file, the disclaimer of |
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| 288 | warranty and limitation of liability provisions in |
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| 289 | paragraphs 5 and 6 of the Binary Code License Agreement |
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| 290 | shall apply to all Software in this distribution. |
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| 291 | |
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| 292 | For inquiries please contact: Sun Microsystems, Inc., 4150 |
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| 293 | Network Circle, Santa Clara, California 95054, U.S.A. |
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| 294 | (LFI#129530/Form ID#011801) |
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