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Sun Microsystems, Inc. |
Binary Code License Agreement |
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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. |
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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. |
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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. Software is not designed or |
licensed for use in on-line control of aircraft, |
air traffic, aircraft navigation or aircraft |
communications; or in the design, construction, |
operation or maintenance of any nuclear facility. |
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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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). |
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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. |
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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. |
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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. |
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For inquiries please contact: Sun Microsystems, |
Inc. 901 San Antonio Road, Palo Alto, California |
94303 |
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SUPPLEMENTAL LICENSE TERMS |
JDBCTM 2.0 INTERFACE CLASSES |
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These supplemental license terms ("Supplement") |
add to or modify the terms of the Binary Code |
License Agreement (collectively, the |
"Agreement"). Capitalized terms not defined in |
this Supplement shall have the same meanings |
ascribed to them in the Agreement. These |
Supplement terms shall supersede any inconsistent |
or conflicting terms in the Agreement, or in any |
license contained within the Software. |
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1. License to Distribute. Sun grants you a |
non-exclusive, non-transferable, limited license |
to reproduce and distribute the binary and/or |
source code form of the Software to third party |
end users through multiple tiers of distribution, |
provided that you: (i) distribute the Software |
complete and unmodified in its original Java |
Archive file, and only bundled as a part of your |
program that incorporates the Software |
("Program"); (ii) do not distribute additional |
software intended to replace any component(s) of |
the Software; (iii) agree to incorporate the most |
current version of the Software that was available |
from Sun no later than 180 days prior to each |
production release of the Program; (iv) do not |
remove or alter any proprietary legends or notices |
contained in or on the Software; (v) only |
distribute the Program pursuant to a license |
agreement that protects Sun's interest consistent |
with the terms contained in the Agreement; (vi) |
may not create, or authorize your licensees to cr! |
eate additional classes, interfaces, or |
subpackages that are contained in the "java" |
"javax" or "sun" packages or similar as specified |
by Sun in any class file naming convention; and |
(vii) 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. |
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2. Trademarks and Logos. You acknowledge as |
between you and Sun that Sun owns the Java |
trademark and all Java-related trademarks, logos |
and icons including the Coffee Cup and Duke ("Java |
Marks") and agree to comply with the Java |
Trademark Guidelines at |
http://java.sun.com/trademarks.html. |
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