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This Product is distributed with Sun JRE 1.4.2_13 (JAVATM2 RUNTIME ENVIRONMENT (J2RE), VERSION 1.4.2_13) (Sun JRE). The Sun JRE is distributed in accordance with the Sun Microsystems, Inc. (Sun) Binary Code License Agreement set forth below. As noted in Section F of the Supplemental License Terms of this license, Sun has provided additional copyright notices and license terms that may be applicable to portions of the Sun JRE in the THIRDPARTYLICENSEREADME.txt file that accompanies the Sun JRE.
LICENSE:
Sun Microsystems, Inc.
Binary Code License Agreement
for the
JAVATM 2 RUNTIME ENVIRONMENT (J2RE), STANDARD EDITION, VERSION 1.4.2_X
SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE SOFTWARE
IDENTIFIED BELOW TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE
TERMS CONTAINED IN THIS BINARY CODE LICENSE AGREEMENT AND SUPPLEMENTAL
LICENSE TERMS (COLLECTIVELY "AGREEMENT"). PLEASE READ THE AGREEMENT
CAREFULLY. BY DOWNLOADING OR INSTALLING THIS SOFTWARE, YOU ACCEPT THE
TERMS OF THE AGREEMENT. INDICATE ACCEPTANCE BY SELECTING THE "ACCEPT"
BUTTON AT THE BOTTOM OF THE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND
BY ALL THE TERMS, SELECT THE "DECLINE" BUTTON AT THE BOTTOM OF THE
AGREEMENT AND THE DOWNLOAD OR INSTALL PROCESS WILL NOT CONTINUE.
1.DEFINITIONS. "Software" means the identified above in binary form, any
other machine readable materials (including, but not limited to,
libraries, source files, header files, and data files), any updates or
error corrections provided by Sun, and any user manuals, programming
guides and other documentation provided to you by Sun under this
Agreement. "Programs" mean Java applets and applications intended to run
on the Java 2 Platform, Standard Edition (J2SETM platform) platform on
Java-enabled general purpose desktop computers and servers.
2.LICENSE TO USE. Subject to the terms and conditions of this Agreement,
including, but not limited to the Java Technology Restrictions of the
Supplemental License Terms, Sun grants you a non-exclusive,
non-transferable, limited license without license fees to reproduce and
use internally Software complete and unmodified for the sole purpose of
running Programs. Additional licenses for developers and/or publishers are
granted in the Supplemental License Terms.
3.RESTRICTIONS. Software is confidential and copyrighted. Title to
Software and all associated intellectual property rights is retained by
Sun and/or its licensors. Unless enforcement is prohibited by applicable
law, you may not modify, decompile, or reverse engineer Software. You
acknowledge that Licensed Software is not designed or intended for use in
the design, construction, operation or maintenance of any nuclear
facility. Sun Microsystems, Inc. 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. Additional restrictions for developers
and/or publishers licenses are set forth in the Supplemental License
Terms.
4.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. Any implied warranties
on the Software are limited to 90 days. Some states do not allow
limitations on duration of an implied warranty, so the above may not apply
to you. This limited warranty gives you specific legal rights. You may
have others, which vary from state to state.
5.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.
6.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. Some states do not allow the
exclusion of incidental or consequential damages, so some of the terms
above may not be applicable to you.
7.SOFTWARE UPDATES FROM SUN. You acknowledge that at your request or
consent optional features of the Software may download, install, and
execute applets, applications, software extensions, and updated versions
of the Software from Sun ("Software Updates"), which may require you to
accept updated terms and conditions for installation. If additional terms
and conditions are not presented on installation, the Software Updates
will be considered part of the Software and subject to the terms and
conditions of the Agreement.
8.SOFTWARE FROM SOURCES OTHER THAN SUN. You acknowledge that, by your use
of optional features of the Software and/or by requesting services that
require use of the optional features of the Software, the Software may
automatically download, install, and execute software applications from
sources other than Sun ("Other Software"). Sun makes no representations of
a relationship of any kind to licensors of Other Software. 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
OTHER SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. Some states do not allow the exclusion of incidental or
consequential damages, so some of the terms above may not be applicable to
you.
9.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. 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. Upon Termination, you
must destroy all copies of Software.
10.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.
11.TRADEMARKS AND LOGOS. You acknowledge and agree as between you and Sun
that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET trademarks
and all SUN, SOLARIS, JAVA, JINI, FORTE, 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.
12.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).
13.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.
14.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.
15.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.
SUPPLEMENTAL LICENSE TERMS
These Supplemental License Terms add to or modify the terms of the Binary
Code License Agreement. Capitalized terms not defined in these
Supplemental Terms shall have the same meanings ascribed to them in the
Binary Code License Agreement . These Supplemental Terms shall supersede
any inconsistent or conflicting terms in the Binary Code License
Agreement, or in any license contained within the Software.
A.Software Internal Use and Development License Grant. Subject to the
terms and conditions of this Agreement, including, but not limited to the
Java Technology Restrictions of these Supplemental Terms, Sun grants you a
non-exclusive, non-transferable, limited license without fees to reproduce
internally and use internally the Software complete and unmodified (unless
otherwise specified in the applicable README file) for the purpose of
designing, developing, and testing your Programs.
B.License to Distribute Software. Subject to the terms and conditions of
this Agreement, including, but not limited to the Java Technology
Restrictions of these Supplemental Terms, Sun grants you a non-exclusive,
non-transferable, limited license without fees to reproduce and distribute
the Software, provided that (i) you distribute the Software complete and
unmodified (unless otherwise specified in the applicable README file) and
only bundled as part of, and for the sole purpose of running, your
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 (unless otherwise specified in
the applicable README file), (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.
C.License to Distribute Redistributables. Subject to the terms and
conditions of this Agreement, including but not limited to the Java
Technology Restrictions of these Supplemental Terms, Sun grants you a
non-exclusive, non-transferable, limited license without fees to reproduce
and distribute those files specifically identified as redistributable in
the Software "README" file ("Redistributables") provided that: (i) you
distribute the Redistributables complete and unmodified (unless otherwise
specified in the applicable README file), and only bundled as part of
Programs, (ii) you do not distribute additional software intended to
supersede any component(s) of the Redistributables (unless otherwise
specified in the applicable README file), (iii) you do not remove or alter
any proprietary legends or notices contained in or on the
Redistributables, (iv) you only distribute the Redistributables pursuant
to a license agreement that protects Sun's interests consistent with the
terms contained in the Agreement, (v) 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.
D.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.
E.Source Code. Software may contain source code that, unless expressly
licensed for other purposes, 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.
F.Third Party Code. Additional copyright notices and license terms
applicable to portions of the Software are set forth in the
THIRDPARTYLICENSEREADME.txt file. In addition to any terms and conditions
of any third party opensource/freeware license identified in the
THIRDPARTYLICENSEREADME.txt file, the disclaimer of warranty and
limitation of liability provisions in paragraphs 5 and 6 of the Binary
Code License Agreement shall apply to all Software in this distribution.
For inquiries please contact: Sun Microsystems, Inc., 4150 Network Circle,
Santa Clara, California 95054, U.S.A.
(LFI#135955/Form ID#011801)
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