root/trunk/docs/licenses/SUNJRE_LICENSE.txt

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1             Sun Microsystems, Inc.
2          Binary Code License Agreement
3                  for the
4JAVATM 2 RUNTIME ENVIRONMENT (J2RE), STANDARD EDITION,
5              VERSION 1.4.2_X
6
7SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE
8SOFTWARE IDENTIFIED BELOW TO YOU ONLY UPON THE CONDITION
9THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS BINARY
10CODE LICENSE AGREEMENT AND SUPPLEMENTAL LICENSE TERMS
11(COLLECTIVELY "AGREEMENT").  PLEASE READ THE AGREEMENT
12CAREFULLY.  BY DOWNLOADING OR INSTALLING THIS SOFTWARE, YOU
13ACCEPT THE TERMS OF THE AGREEMENT. INDICATE ACCEPTANCE BY
14SELECTING THE "ACCEPT" BUTTON AT THE BOTTOM OF THE
15AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY ALL THE
16TERMS, SELECT THE "DECLINE" BUTTON AT THE BOTTOM OF THE
17AGREEMENT AND THE DOWNLOAD OR INSTALL PROCESS WILL NOT
18CONTINUE.
19
201.DEFINITIONS. "Software" means the identified above in
21binary form, any other machine readable materials
22(including, but not limited to, libraries, source files,
23header files, and data files), any updates or error
24corrections provided by Sun, and any user manuals,
25programming guides and other documentation provided to you
26by Sun under this Agreement. "Programs" mean Java applets
27and applications intended to run on the Java 2 Platform,
28Standard Edition (J2SETM platform) platform on Java-enabled
29general purpose desktop computers and servers.
30
312.LICENSE TO USE. Subject to the terms and conditions of
32this Agreement, including, but not limited to the Java
33Technology Restrictions of the Supplemental License Terms,
34Sun grants you a non-exclusive, non-transferable, limited
35license without license fees to reproduce and use
36internally Software complete and unmodified for the sole
37purpose of running Programs. Additional licenses for
38developers and/or publishers are granted in the
39Supplemental License Terms.
40
413.RESTRICTIONS. Software is confidential and copyrighted.
42Title to Software and all associated intellectual property
43rights is retained by Sun and/or its licensors. Unless
44enforcement is prohibited by applicable law, you may not
45modify, decompile, or reverse engineer Software.  Licensee
46acknowledges that Licensed Software is not designed or
47intended for use in the design, construction, operation or
48maintenance of any nuclear facility. Sun Microsystems, Inc.
49disclaims any express or implied warranty of fitness for
50such uses. No right, title or interest in or to any
51trademark, service mark, logo or trade name of Sun or its
52licensors is granted under this Agreement. Additional
53restrictions for developers and/or publishers licenses are
54set forth in the Supplemental License Terms.
55
564.LIMITED WARRANTY.  Sun warrants to you that for a period
57of ninety (90) days from the date of purchase, as evidenced
58by a copy of the receipt, the media on which Software is
59furnished (if any) will be free of defects in materials and
60workmanship under normal use.  Except for the foregoing,
61Software is provided "AS IS".  Your exclusive remedy and
62Sun's entire liability under this limited warranty will be
63at Sun's option to replace Software media or refund the fee
64paid for Software.   Any implied warranties on the Software
65are limited to 90 days.  Some states do not allow
66limitations on duration of an implied warranty, so the
67above may not apply to you. This limited warranty gives you
68specific legal rights. You may have others, which vary from
69state to state.
70
715.DISCLAIMER OF WARRANTY.  UNLESS SPECIFIED IN THIS
72AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,
73REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED
74WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
75PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE
76EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY
77INVALID.
78
796.LIMITATION OF LIABILITY.  TO THE EXTENT NOT PROHIBITED BY
80LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR
81ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT,
82CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER
83CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT
84OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE,
85EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
86DAMAGES.  In no event will Sun's liability to you, whether
87in contract, tort (including negligence), or otherwise,
88exceed the amount paid by you for Software under this
89Agreement.  The foregoing limitations will apply even if
90the above stated warranty fails of its essential purpose.
91Some states do not allow the exclusion of incidental or
92consequential damages, so some of the terms above may not
93be applicable to you.
94
957.SOFTWARE UPDATES FROM SUN. You acknowledge that at your
96request or consent optional features of the Software may
97download, install, and execute applets, applications,
98software extensions, and updated versions of the Software
99from Sun ("Software Updates"), which may require you to
100accept updated terms and conditions for installation. If
101additional terms and conditions are not presented on
102installation, the Software Updates will be considered part
103of the Software and subject to the terms and conditions of
104the Agreement.
105
1068.SOFTWARE FROM SOURCES OTHER THAN SUN. You acknowledge
107that, by your use of optional features of the Software
108and/or by requesting services that require use of the
109optional features of the Software, the Software may
110automatically download, install, and execute software
111applications from sources other than Sun ("Other
112Software"). Sun makes no representations of a relationship
113of any kind to licensors of Other Software. TO THE EXTENT
114NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS
115LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA,
116OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR
117PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY
118OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR
119INABILITY TO USE OTHER SOFTWARE, EVEN IF SUN HAS BEEN
120ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  Some states do
121not allow the exclusion of incidental or consequential
122damages, so some of the terms above may not be applicable
123to you.
124
1259.TERMINATION.  This Agreement is effective until
126terminated.  You may terminate this Agreement at any time
127by destroying all copies of Software.  This Agreement will
128terminate immediately without notice from Sun if you fail
129to comply with any provision of this Agreement.  Either
130party may terminate this Agreement immediately should any
131Software become, or in either party's opinion be likely to
132become, the subject of a claim of infringement of any
133intellectual property right. Upon Termination, you must
134destroy all copies of Software.
135
13610.EXPORT REGULATIONS. All Software and technical data
137delivered under this Agreement are subject to US export
138control laws and may be subject to export or import
139regulations in other countries.  You agree to comply
140strictly with all such laws and regulations and acknowledge
141that you have the responsibility to obtain such licenses to
142export, re-export, or import as may be required after
143delivery to you.
144
14511.TRADEMARKS AND LOGOS. You acknowledge and agree as
146between you and Sun that Sun owns the SUN, SOLARIS, JAVA,
147JINI, FORTE, and iPLANET trademarks and all SUN, SOLARIS,
148JAVA, JINI, FORTE, and iPLANET-related trademarks, service
149marks, logos and other brand designations ("Sun Marks"),
150and you agree to comply with the Sun Trademark and Logo
151Usage Requirements currently located at
152http://www.sun.com/policies/trademarks. Any use you make of
153the Sun Marks inures to Sun's benefit.
154
15512.U.S. GOVERNMENT RESTRICTED RIGHTS.  If Software is being
156acquired by or on behalf of the U.S. Government or by a
157U.S. Government prime contractor or subcontractor (at any
158tier), then the Government's rights in Software and
159accompanying documentation will be only as set forth in
160this Agreement; this is in accordance with 48 CFR 227.7201
161through 227.7202-4 (for Department of Defense (DOD)
162acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD
163acquisitions).
164
16513.GOVERNING LAW.  Any action related to this Agreement
166will be governed by California law and controlling U.S.
167federal law.  No choice of law rules of any jurisdiction
168will apply.
169
17014. SEVERABILITY. If any provision of this Agreement is
171held to be unenforceable, this Agreement will remain in
172effect with the provision omitted, unless omission would
173frustrate the intent of the parties, in which case this
174Agreement will immediately terminate.
175
17615. INTEGRATION.  This Agreement is the entire agreement
177between you and Sun relating to its subject matter.  It
178supersedes all prior or contemporaneous oral or written
179communications, proposals, representations and warranties
180and prevails over any conflicting or additional terms of
181any quote, order, acknowledgment, or other communication
182between the parties relating to its subject matter during
183the term of this Agreement.  No modification of this
184Agreement will be binding, unless in writing and signed by
185an authorized representative of each party.
186
187            SUPPLEMENTAL LICENSE TERMS
188
189These Supplemental License Terms add to or modify the terms
190of the Binary Code License Agreement. Capitalized terms not
191defined in these Supplemental Terms shall have the same
192meanings ascribed to them in the Binary Code License
193Agreement . These Supplemental Terms shall supersede any
194inconsistent or conflicting terms in the Binary Code
195License Agreement, or in any license contained within the
196Software.
197
198A.Software Internal Use and Development License Grant.
199Subject to the terms and conditions of this Agreement,
200including, but not limited to the Java Technology
201Restrictions of these Supplemental Terms, Sun grants you a
202non-exclusive, non-transferable, limited license without
203fees to reproduce internally and use internally the
204Software complete and unmodified for the purpose of
205designing, developing, and testing your Programs.
206
207B.License to Distribute Software. Subject to the terms and
208conditions of this Agreement, including, but not limited to
209the Java Technology Restrictions of these Supplemental
210Terms, Sun grants you a non-exclusive, non-transferable,
211limited license without fees to reproduce and distribute
212the Software, provided that (i) you distribute the Software
213complete and unmodified (unless otherwise specified in the
214applicable README file) and only bundled as part of, and
215for the sole purpose of running, your Programs, (ii) the
216Programs add significant and primary functionality to the
217Software, (iii) you do not distribute additional software
218intended to replace any component(s) of the Software
219(unless otherwise specified in the applicable README file),
220(iv) you do not remove or alter any proprietary legends or
221notices contained in the Software, (v) you only distribute
222the Software subject to a license agreement that protects
223Sun's interests consistent with the terms contained in this
224Agreement, and (vi) you agree to defend and indemnify Sun
225and its licensors from and against any damages, costs,
226liabilities, settlement amounts and/or expenses (including
227attorneys' fees) incurred in connection with any claim,
228lawsuit or action by any third party that arises or results
229from the use or distribution of any and all Programs and/or
230Software.
231
232C.License to Distribute Redistributables. Subject to the
233terms and conditions of this Agreement, including but not
234limited to the Java Technology Restrictions of these
235Supplemental Terms, Sun grants you a non-exclusive,
236non-transferable, limited license without fees to reproduce
237and distribute those files specifically identified as
238redistributable in the Software "README" file
239("Redistributables") provided that: (i) you distribute the
240Redistributables complete and unmodified (unless otherwise
241specified in the applicable README file), and only bundled
242as part of Programs, (ii) you do not distribute additional
243software intended to supersede any component(s) of the
244Redistributables (unless otherwise specified in the
245applicable README file), (iii) you do not remove or alter
246any proprietary legends or notices contained in or on the
247Redistributables, (iv) you only distribute the
248Redistributables pursuant to a license agreement that
249protects Sun's interests consistent with the terms
250contained in the Agreement, (v) you agree to defend and
251indemnify Sun and its licensors from and against any
252damages, costs, liabilities, settlement amounts and/or
253expenses (including attorneys' fees) incurred in connection
254with any claim, lawsuit or action by any third party that
255arises or results from the use or distribution of any and
256all Programs and/or Software.
257
258D.Java Technology Restrictions. You may not modify the Java
259Platform Interface ("JPI", identified as classes contained
260within the "java" package or any subpackages of the "java"
261package), by creating additional classes within the JPI or
262otherwise causing the addition to or modification of the
263classes in the JPI.  In the event that you create an
264additional class and associated API(s) which (i) extends
265the functionality of the Java platform, and (ii) is exposed
266to third party software developers for the purpose of
267developing additional software which invokes such
268additional API, you must promptly publish broadly an
269accurate specification for such API for free use by all
270developers.  You may not create, or authorize your
271licensees to create, additional classes, interfaces, or
272subpackages that are in any way identified as "java",
273"javax", "sun" or similar convention as specified by Sun in
274any naming convention designation.
275
276E.Source Code. Software may contain source code that,
277unless expressly licensed for other purposes, is provided
278solely for reference purposes pursuant to the terms of this
279Agreement.  Source code may not be redistributed unless
280expressly provided for in this Agreement.
281
282F.Third Party Code. Additional copyright notices and
283license terms applicable to portions of the Software are
284set forth in the THIRDPARTYLICENSEREADME.txt file. In
285addition to any terms and conditions of any third party
286opensource/freeware license identified in the
287THIRDPARTYLICENSEREADME.txt file, the disclaimer of
288warranty and limitation of liability provisions in
289paragraphs 5 and 6 of the Binary Code License Agreement
290shall apply to all Software in this distribution.
291
292For inquiries please contact: Sun Microsystems, Inc., 4150
293Network Circle, Santa Clara, California 95054, U.S.A.
294(LFI#129530/Form ID#011801)
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