|
| 1 | +<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 3.2//EN"> |
| 2 | +<HTML> |
| 3 | +<HEAD> |
| 4 | + <META HTTP-EQUIV="CONTENT-TYPE" CONTENT="text/html; charset=iso-8859-1"> |
| 5 | + <TITLE></TITLE> |
| 6 | + <META NAME="GENERATOR" CONTENT="StarOffice/5.2 (Solaris Sparc)"> |
| 7 | + <META NAME="AUTHOR" CONTENT="douglass hall"> |
| 8 | + <META NAME="CREATED" CONTENT="20010118;13301900"> |
| 9 | + <META NAME="CHANGEDBY" CONTENT=" "> |
| 10 | + <META NAME="CHANGED" CONTENT="20010327;13300700"> |
| 11 | +</HEAD> |
| 12 | +<BODY> |
| 13 | +<P ALIGN=CENTER><FONT COLOR="#000000"><FONT SIZE=4>Sun Microsystems, |
| 14 | +Inc.</FONT> <BR><FONT SIZE=4>Binary Code License Agreement</FONT></FONT></P> |
| 15 | +<P><FONT COLOR="#000000">READ THE TERMS OF THIS AGREEMENT AND ANY |
| 16 | +PROVIDED SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT") |
| 17 | +CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA PACKAGE. BY OPENING |
| 18 | +THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS |
| 19 | +AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, |
| 20 | +INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" |
| 21 | +BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL |
| 22 | +THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF |
| 23 | +PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED ELECTRONICALLY, |
| 24 | +SELECT THE "DECLINE" BUTTON AT THE END OF THIS AGREEMENT. </FONT> |
| 25 | +</P> |
| 26 | +<P><FONT COLOR="#000000"><B>1. LICENSE TO USE.</B> Sun |
| 27 | +grants you a non-exclusive and non-transferable license for the |
| 28 | +internal use only of the accompanying software and documentation and |
| 29 | +any error corrections provided by Sun (collectively "Software"), |
| 30 | +by the number of users and the class of computer hardware for which |
| 31 | +the corresponding fee has been paid. </FONT> |
| 32 | +</P> |
| 33 | +<P><FONT COLOR="#000000"><B>2. RESTRICTIONS. </B> Software |
| 34 | +is confidential and copyrighted. Title to Software and all associated |
| 35 | +intellectual property rights is retained by Sun and/or its |
| 36 | +licensors. Except as specifically authorized in any |
| 37 | +Supplemental License Terms, you may not make copies of Software, |
| 38 | +other than a single copy of Software for archival purposes. |
| 39 | +Unless enforcement is prohibited by applicable law, you may not |
| 40 | +modify, decompile, or reverse engineer Software. You |
| 41 | +acknowledge that Software is not designed, licensed or intended for |
| 42 | +use in the design, construction, operation or maintenance of any |
| 43 | +nuclear facility. Sun disclaims any express or implied warranty |
| 44 | +of fitness for such uses. No right, title or interest in or to |
| 45 | +any trademark, service mark, logo or trade name of Sun or its |
| 46 | +licensors is granted under this Agreement. </FONT> |
| 47 | +</P> |
| 48 | +<P><FONT COLOR="#000000"><B>3. LIMITED WARRANTY.</B> Sun |
| 49 | +warrants to you that for a period of ninety (90) days from the date |
| 50 | +of purchase, as evidenced by a copy of the receipt, the media on |
| 51 | +which Software is furnished (if any) will be free of defects in |
| 52 | +materials and workmanship under normal use. Except for the |
| 53 | +foregoing, Software is provided "AS IS". Your |
| 54 | +exclusive remedy and Sun's entire liability under this limited |
| 55 | +warranty will be at Sun's option to replace Software media or refund |
| 56 | +the fee paid for Software. </FONT> |
| 57 | +</P> |
| 58 | +<P><FONT COLOR="#000000"><B>4. DISCLAIMER OF WARRANTY. </B> |
| 59 | +UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED |
| 60 | +CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED |
| 61 | +WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR |
| 62 | +NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE |
| 63 | +DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. </FONT> |
| 64 | +</P> |
| 65 | +<P><FONT COLOR="#000000"><B>5. LIMITATION OF LIABILITY.</B> |
| 66 | +TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS |
| 67 | +LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR |
| 68 | +SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, |
| 69 | +HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF |
| 70 | +OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN |
| 71 | +HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no |
| 72 | +event will Sun's liability to you, whether in contract, tort |
| 73 | +(including negligence), or otherwise, exceed the amount paid by you |
| 74 | +for Software under this Agreement. The foregoing limitations |
| 75 | +will apply even if the above stated warranty fails of its essential |
| 76 | +purpose. </FONT> |
| 77 | +</P> |
| 78 | +<P><FONT COLOR="#000000"><B>6. Termination.</B> This |
| 79 | +Agreement is effective until terminated. You may terminate this |
| 80 | +Agreement at any time by destroying all copies of Software. |
| 81 | +This Agreement will terminate immediately without notice from Sun if |
| 82 | +you fail to comply with any provision of this Agreement. Upon |
| 83 | +Termination, you must destroy all copies of Software. </FONT> |
| 84 | +</P> |
| 85 | +<P><FONT COLOR="#000000"><B>7. Export Regulations.</B> All Software |
| 86 | +and technical data delivered under this Agreement are subject to US |
| 87 | +export control laws and may be subject to export or import |
| 88 | +regulations in other countries. You agree to comply strictly |
| 89 | +with all such laws and regulations and acknowledge that you have the |
| 90 | +responsibility to obtain such licenses to export, re-export, or |
| 91 | +import as may be required after delivery to you. </FONT> |
| 92 | +</P> |
| 93 | +<P><FONT COLOR="#000000"><B>8. U.S. Government Restricted |
| 94 | +Rights. </B> If Software is being acquired by or on behalf of |
| 95 | +the U.S. Government or by a U.S. Government prime contractor or |
| 96 | +subcontractor (at any tier), then the Government's rights in Software |
| 97 | +and accompanying documentation will be only as set forth in this |
| 98 | +Agreement; this is in accordance with 48 CFR 227.7201 through |
| 99 | +227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 |
| 100 | +CFR 2.101 and 12.212 (for non-DOD acquisitions). </FONT> |
| 101 | +</P> |
| 102 | +<P><FONT COLOR="#000000"><B>9. Governing Law.</B> Any |
| 103 | +action related to this Agreement will be governed by California law |
| 104 | +and controlling U.S. federal law. No choice of law rules of any |
| 105 | +jurisdiction will apply. </FONT> |
| 106 | +</P> |
| 107 | +<P><FONT COLOR="#000000"><B>10. Severability.</B> If any |
| 108 | +provision of this Agreement is held to be unenforceable, this |
| 109 | +Agreement will remain in effect with the provision omitted, unless |
| 110 | +omission would frustrate the intent of the parties, in which case |
| 111 | +this Agreement will immediately terminate. </FONT> |
| 112 | +</P> |
| 113 | +<P><FONT COLOR="#000000"><B>11. Integration.</B> This |
| 114 | +Agreement is the entire agreement between you and Sun relating to its |
| 115 | +subject matter. It supersedes all prior or contemporaneous oral |
| 116 | +or written communications, proposals, representations and warranties |
| 117 | +and prevails over any conflicting or additional terms of any quote, |
| 118 | +order, acknowledgment, or other communication between the parties |
| 119 | +relating to its subject matter during the term of this Agreement. |
| 120 | +No modification of this Agreement will be binding, unless in writing |
| 121 | +and signed by an authorized representative of each party. </FONT> |
| 122 | +</P> |
| 123 | +<P ALIGN=CENTER><FONT COLOR="#000000"><FONT SIZE=4>JAVA CARD<FONT SIZE=2 STYLE="font-size: 9pt">(TM)</FONT>, |
| 124 | +VERSION 2.1.2</FONT><BR><FONT SIZE=4>SUPPLEMENTAL LICENSE TERMS</FONT></FONT></P> |
| 125 | +<P><FONT COLOR="#000000">These supplemental license terms |
| 126 | +("Supplemental Terms") add to or modify the terms of the |
| 127 | +Binary Code License Agreement (collectively, the "Agreement"). |
| 128 | +Capitalized terms not defined in these Supplemental Terms shall have |
| 129 | +the same meanings ascribed to them in the Agreement. These |
| 130 | +Supplemental Terms shall supersede any inconsistent or conflicting |
| 131 | +terms in the Agreement, or in any license contained within the |
| 132 | +Software. </FONT> |
| 133 | +</P> |
| 134 | +<P><FONT COLOR="#000000"><B>1. Software Internal Use and Development |
| 135 | +License Grant.</B> Subject to the terms and conditions of this |
| 136 | +Agreement, including, but not limited to Section 3 (Java(TM) |
| 137 | +Technology Restrictions) of these Supplemental Terms, Sun grants you |
| 138 | +a non-exclusive, non-transferable, limited license to reproduce |
| 139 | +internally and use internally the binary form of the Software |
| 140 | +complete and unmodified for the sole purpose of designing, developing |
| 141 | +and testing your Java applets and applications intended to run on the |
| 142 | +Java platform ("Programs"). </FONT> |
| 143 | +</P> |
| 144 | +<P><FONT COLOR="#000000"><B>2. License to Distribute Software. |
| 145 | +</B>Subject to the terms and conditions of this Agreement, including, |
| 146 | +but not limited to Section 3 (Java (TM) Technology Restrictions) of |
| 147 | +these Supplemental Terms, Sun grants you a non-exclusive, |
| 148 | +non-transferable, limited license to reproduce and distribute the |
| 149 | +Software in binary code form only, provided that (i) you distribute |
| 150 | +the Software complete and unmodified and only bundled as part of, and |
| 151 | +for the sole purpose of running, your Programs, (ii) the |
| 152 | +Programs add significant and primary functionality to the Software, |
| 153 | +(iii) you do not distribute additional software intended to replace |
| 154 | +any component(s) of the Software, (iv) you do not remove or alter any |
| 155 | +proprietary legends or notices contained in the Software, (v) you |
| 156 | +only distribute the Software subject to a license agreement that |
| 157 | +protects Sun's interests consistent with the terms contained in this |
| 158 | +Agreement, and (vi) you agree to defend and indemnify Sun and its |
| 159 | +licensors from and against any damages, costs, liabilities, |
| 160 | +settlement amounts and/or expenses (including attorneys' fees) |
| 161 | +incurred in connection with any claim, lawsuit or action by any third |
| 162 | +party that arises or results from the use or distribution of any and |
| 163 | +all Programs and/or Software. </FONT> |
| 164 | +</P> |
| 165 | +<P><FONT COLOR="#000000"><B>3. Java Technology Restrictions.</B> You |
| 166 | +may not modify the Java Platform Interface ("JPI", |
| 167 | +identified as classes contained within the "java" package |
| 168 | +or any subpackages of the "java" package), by creating |
| 169 | +additional classes within the JPI or otherwise causing the addition |
| 170 | +to or modification of the classes in the JPI. In the event that |
| 171 | +you create an additional class and associated API(s) which (i) |
| 172 | +extends the functionality of the Java platform, and (ii) is exposed |
| 173 | +to third party software developers for the purpose of developing |
| 174 | +additional software which invokes such additional API, you must |
| 175 | +promptly publish broadly an accurate specification for such API for |
| 176 | +free use by all developers. You may not create, or authorize |
| 177 | +your licensees to create, additional classes, interfaces, or |
| 178 | +subpackages that are in any way identified as "java", |
| 179 | +"javax", "sun" or similar convention as specified |
| 180 | +by Sun in any naming convention designation. </FONT> |
| 181 | +</P> |
| 182 | +<P><FONT COLOR="#000000"><B>4. Trademarks and Logos.</B> You |
| 183 | +acknowledge and agree as between you and Sun that Sun owns the SUN, |
| 184 | +SOLARIS, JAVA, JINI, FORTE, STAROFFICE, STARPORTAL and iPLANET |
| 185 | +trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE, STAROFFICE, |
| 186 | +STARPORTAL and iPLANET-related trademarks, service marks, logos and |
| 187 | +other brand designations ("Sun Marks"), and you agree to |
| 188 | +comply with the Sun Trademark and Logo Usage Requirements currently |
| 189 | +located at http://www.sun.com/policies/trademarks. Any use you make |
| 190 | +of the Sun Marks inures to Sun's benefit. </FONT> |
| 191 | +</P> |
| 192 | +<P><FONT COLOR="#000000"><B>5. Source Code.</B> Software may contain |
| 193 | +source code that is provided solely for reference purposes pursuant |
| 194 | +to the terms of this Agreement. Source code may not be |
| 195 | +redistributed unless expressly provided for in this Agreement. </FONT> |
| 196 | +</P> |
| 197 | +<P><FONT COLOR="#000000"><B>6. Termination for Infringement. </B>Either |
| 198 | +party may terminate this Agreement immediately should any Software |
| 199 | +become, or in either party's opinion be likely to become, the subject |
| 200 | +of a claim of infringement of any intellectual property right. </FONT> |
| 201 | +</P> |
| 202 | +<P><FONT COLOR="#000000">For inquiries please contact: Sun |
| 203 | +Microsystems, Inc. 901 San Antonio Road, Palo Alto, California |
| 204 | +94303 <BR><I>(Form ID#011801)</I></FONT></P> |
| 205 | +</BODY> |
| 206 | +</HTML> |
0 commit comments