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Erik C. Thauvin 2017-06-07 14:45:06 -07:00
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Sun Microsystems, Inc.
Binary Code License Agreement
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.
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.
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. You acknowledge that Software is not designed, licensed or
intended for use in the design, construction, operation or maintenance of
any nuclear facility. Sun 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.
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.
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.
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.
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.
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.
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).
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.
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.
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.
JAVAMAIL, VERSION 1.2
SUPPLEMENTAL LICENSE TERMS
These supplemental license terms ("Supplemental Terms") add to or modify the
terms of the Binary Code License Agreement (collectively, the "Agreement").
Capitalized terms not defined in these Supplemental Terms shall have the
same meanings ascribed to them in the Agreement. These Supplemental Terms
shall supersede any inconsistent or conflicting terms in the Agreement, or
in any license contained within the Software.
1. Software Internal Use and Development License Grant. Subject to the
terms and conditions of this Agreement, including, but not limited to
Section 3 (Java(TM) Technology Restrictions) of these Supplemental Terms,
Sun grants you a non-exclusive, non-transferable, limited license to
reproduce internally and use internally the binary form of the Software,
complete and unmodified, for the sole purpose of designing, developing and
testing your Java applets and applications ("Programs").
2. License to Distribute Software. Subject to the terms and conditions of
this Agreement, including, but not limited to Section 3 (Java (TM)
Technology Restrictions) of these Supplemental Terms, Sun grants you a
non-exclusive, non-transferable, limited license to reproduce and distribute
the Software in binary code form only, provided that (i) you distribute the
Software complete and unmodified and only bundled as part of, and for the
sole purpose of running, your Java applets or applications ("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, (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.
3. 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.
4. Trademarks and Logos. You acknowledge and agree as between you and Sun
that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE, STAROFFICE, STARPORTAL
and iPLANET trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE, STAROFFICE,
STARPORTAL 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.
5. Source Code. Software may contain source code that 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.
6. Termination for Infringement. 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.
For inquiries please contact: Sun Microsystems, Inc. 901 San Antonio Road,
Palo Alto, California 94303