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This Product is distributed with Sun JRE 1.5.0_18 (JAVA 2 PLATFORM STANDARD EDITION DEVELOPMENT KIT 5.0) ("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.
Sun Microsystems, Inc. Binary Code License Agreement
for the JAVA 2 PLATFORM STANDARD EDITION DEVELOPMENT KIT 5.0
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. "General Purpose Desktop
Computers and Servers" means computers, including desktop
and laptop computers, or servers, used for general
computing functions under end user control (such as but not
specifically limited to email, general purpose Internet
browsing, and office suite productivity tools). The use of
Software in systems and solutions that provide dedicated
functionality (other than as mentioned above) or designed
for use in embedded or function-specific software
applications, for example but not limited to: Software
embedded in or bundled with industrial control systems,
wireless mobile telephones, wireless handheld devices,
netbooks, kiosks, TV/STB, Blu -ray Disc devices,
telematics and network control switching equipment,
printers and storage management systems, and other related
systems is excluded from this definition and not licensed
under this Agreement. "Programs" means Java technology
applets and applications intended to run on the Java 2
Platform Standard Edition (J2SE) 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
PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE
INVALID.
6. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED
BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR
BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR
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 agr eement 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 2 Platform
Standard Edition Development Kit 5.0; (iv) The Software must
be reproduced in its entirety and wit hout 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 Soft ware; (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.
(LFI#143333/Form ID#011801)
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