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This Product is distributed with Sun JDK 1.6.0 (JAVA SE DEVELOPMENT KIT (JDK), VERSION 6) (Sun JDK). The Sun JDK is distributed in accordance with the Sun Microsystems, Inc. (Sun) Binary Code License Agreement set forth below. As noted in Section G 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 JDK in the THIRDPARTYLICENSEREADME.txt file that accompanies the Sun JDK.
Sun Microsystems, Inc. Binary Code License Agreement
for the JAVA SE DEVELOPMENT KIT (JDK), VERSION 6
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 Platform, Standard Edition (Java
SE) 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. 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.
8. 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.
9. 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.
10. 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).
11. 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.
12. 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.
13. 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 and restrictions and exceptions set forth in
the Software "README" file incorporated herein by
reference, 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 for the purpose of designing, developing,
and testing your Programs.
B. License to Distribute Software. Subject to the
terms and conditions of this Agreement and
restrictions and exceptions set forth in the Software
README file, 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 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,
(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 and
restrictions and exceptions set forth in the Software
README file, 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, and only
bundled as part of Programs, (ii) the Programs add
significant and primary functionality to the
Redistributables, (iii) you do not distribute
additional software intended to supersede any
component(s) of the Redistributables (unless otherwise
specified in the applicable README file), (iv) you do
not remove or alter any proprietary legends or notices
contained in or on the Redistributables, (v) you only
distribute the Redistributables pursuant to a license
agreement that protects Sun's interests consistent
with the terms contained in the Agreement, (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.
D. Java Technology Restrictions. You may not create,
modify, or change the behavior of, or authorize your
licensees to create, modify, or change the behavior
of, 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. Distribution by Publishers. This section pertains
to your distribution of the Software with your printed
book or magazine (as those terms are commonly used in
the industry) relating to Java technology
("Publication"). Subject to and conditioned upon your
compliance with the restrictions and obligations
contained in the Agreement, in addition to the license
granted in Paragraph 1 above, Sun hereby grants to you
a non-exclusive, nontransferable limited right to
reproduce complete and unmodified copies of the
Software on electronic media (the "Media") for the
sole purpose of inclusion and distribution with your
Publication(s), subject to the following terms: (i)
You may not distribute the Software on a stand-alone
basis; it must be distributed with your
Publication(s); (ii) You are responsible for
downloading the Software from the applicable Sun web
site; (iii) You must refer to the Software as JavaTM
SE Development Kit 6; (iv) The Software must be
reproduced in its entirety and without any
modification whatsoever (including, without
limitation, the Binary Code License and Supplemental
License Terms accompanying the Software and
proprietary rights notices contained in the Software);
(v) The Media label shall include the following
information: Copyright 2006, Sun Microsystems, Inc.
All rights reserved. Use is subject to license terms.
Sun, Sun Microsystems, the Sun logo, Solaris, Java,
the Java Coffee Cup logo, J2SE, and all trademarks and
logos based on Java are trademarks or registered
trademarks of Sun Microsystems, Inc. in the U.S. and
other countries. This information must be placed on
the Media label in such a manner as to only apply to
the Sun Software; (vi) You must clearly identify the
Software as Sun's product on the Media holder or Media
label, and you may not state or imply that Sun is
responsible for any third-party software contained on
the Media; (vii) You may not include any third party
software on the Media which is intended to be a
replacement or substitute for the Software; (viii) You
shall indemnify Sun for all damages arising from your
failure to comply with the requirements of this
Agreement. In addition, you shall defend, at your
expense, any and all claims brought against Sun by
third parties, and shall pay all damages awarded by a
court of competent jurisdiction, or such settlement
amount negotiated by you, arising out of or in
connection with your use, reproduction or distribution
of the Software and/or the Publication. Your
obligation to provide indemnification under this
section shall arise provided that Sun: (a) provides
you prompt notice of the claim; (b) gives you sole
control of the defense and settlement of the claim;
(c) provides you, at your expense, with all available
information, assistance and authority to defend; and
(d) has not compromised or settled such claim without
your prior written consent; and (ix) You shall provide
Sun with a written notice for each Publication; such
notice shall include the following information: (1)
title of Publication, (2) author(s), (3) date of
Publication, and (4) ISBN or ISSN numbers. Such notice
shall be sent to Sun Microsystems, Inc., 4150 Network
Circle, M/S USCA12-110, Santa Clara, California 95054,
U.S.A , Attention: Contracts Administration.
F. 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.
G. 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.
H. 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.
I. Installation and Auto-Update. The Software's
installation and auto-update processes transmit a
limited amount of data to Sun (or its service
provider) about those specific processes to help Sun
understand and optimize them. Sun does not associate
the data with personally identifiable information.
You can find more information about the data Sun
collects at http://java.com/data/.
For inquiries please contact: Sun Microsystems, Inc.,
4150 Network Circle, Santa Clara, California 95054,
U.S.A.
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