199 lines
7.7 KiB
Plaintext
199 lines
7.7 KiB
Plaintext
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Sun Microsystems, Inc.
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Binary Code License Agreement
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READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED
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SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY
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"AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE
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MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA
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PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT.
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IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY,
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INDICATE YOUR ACCEPTANCE OF THESE TERMS BY
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SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS
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AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE
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TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR
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PLACE OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE
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IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE"
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BUTTON AT THE END OF THIS AGREEMENT.
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1. LICENSE TO USE. Sun grants you a
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non-exclusive and non-transferable license for the
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internal use only of the accompanying software and
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documentation and any error corrections provided
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by Sun (collectively "Software"), by the number of
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users and the class of computer hardware for which
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the corresponding fee has been paid.
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2. RESTRICTIONS Software is confidential and
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copyrighted. Title to Software and all associated
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intellectual property rights is retained by Sun
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and/or its licensors. Except as specifically
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authorized in any Supplemental License Terms, you
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may not make copies of Software, other than a
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single copy of Software for archival purposes.
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Unless enforcement is prohibited by applicable
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law, you may not modify, decompile, or reverse
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engineer Software. Software is not designed or
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licensed for use in on-line control of aircraft,
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air traffic, aircraft navigation or aircraft
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communications; or in the design, construction,
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operation or maintenance of any nuclear facility.
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No right, title or interest in or to any
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trademark, service mark, logo or trade name of Sun
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or its licensors is granted under this Agreement.
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3. LIMITED WARRANTY. Sun warrants to you that for
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a period of ninety (90) days from the date of
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purchase, as evidenced by a copy of the receipt,
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the media on which Software is furnished (if any)
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will be free of defects in materials and
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workmanship under normal use. Except for the
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foregoing, Software is provided "AS IS". Your
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exclusive remedy and Sun's entire liability under
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this limited warranty will be at Sun's option to
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replace Software media or refund the fee paid for
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Software.
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4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN
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THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,
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REPRESENTATIONS AND WARRANTIES, INCLUDING ANY
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IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
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PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE
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DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE
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DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
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5. LIMITATION OF LIABILITY. TO THE EXTENT NOT
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PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS
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LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT
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OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL,
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INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED
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REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT
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OF OR RELATED TO THE USE OF OR INABILITY TO USE
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SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE
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POSSIBILITY OF SUCH DAMAGES. In no event will
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Sun's liability to you, whether in contract, tort
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(including negligence), or otherwise, exceed the
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amount paid by you for Software under this
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Agreement. The foregoing limitations will apply
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even if the above stated warranty fails of its
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essential purpose.
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6. Termination. This Agreement is effective
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until terminated. You may terminate this
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Agreement at any time by destroying all copies of
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Software. This Agreement will terminate
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immediately without notice from Sun if you fail to
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comply with any provision of this Agreement. Upon
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Termination, you must destroy all copies of
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Software.
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7. Export Regulations. All Software and
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technical data delivered under this Agreement are
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subject to US export control laws and may be
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subject to export or import regulations in other
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countries. You agree to comply strictly with all
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such laws and regulations and acknowledge that you
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have the responsibility to obtain such licenses to
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export, re-export, or import as may be required
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after delivery to you.
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8. U.S. Government Restricted Rights. If
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Software is being acquired by or on behalf of the
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U.S. Government or by a U.S. Government prime
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contractor or subcontractor (at any tier), then
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the Government's rights in Software and
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accompanying documentation will be only as set
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forth in this Agreement; this is in accordance
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with 48 CFR 227.7201 through 227.7202-4 (for
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Department of Defense (DOD) acquisitions) and with
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48 CFR 2.101 and 12.212 (for non-DOD
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acquisitions).
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9. Governing Law. Any action related to this
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Agreement will be governed by California law and
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controlling U.S. federal law. No choice of law
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rules of any jurisdiction will apply.
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10. Severability. If any provision of this
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Agreement is held to be unenforceable, this
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Agreement will remain in effect with the provision
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omitted, unless omission would frustrate the
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intent of the parties, in which case this
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Agreement will immediately terminate.
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11. Integration. This Agreement is the entire
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agreement between you and Sun relating to its
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subject matter. It supersedes all prior or
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contemporaneous oral or written communications,
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proposals, representations and warranties and
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prevails over any conflicting or additional terms
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of any quote, order, acknowledgment, or other
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communication between the parties relating to its
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subject matter during the term of this Agreement.
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No modification of this Agreement will be binding,
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unless in writing and signed by an authorized
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representative of each party.
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For inquiries please contact: Sun Microsystems,
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Inc. 901 San Antonio Road, Palo Alto, California
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94303
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SUPPLEMENTAL LICENSE TERMS
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JDBCTM 2.0 INTERFACE CLASSES
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These supplemental license terms ("Supplement")
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add to or modify the terms of the Binary Code
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License Agreement (collectively, the
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"Agreement"). Capitalized terms not defined in
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this Supplement shall have the same meanings
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ascribed to them in the Agreement. These
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Supplement terms shall supersede any inconsistent
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or conflicting terms in the Agreement, or in any
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license contained within the Software.
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1. License to Distribute. Sun grants you a
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non-exclusive, non-transferable, limited license
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to reproduce and distribute the binary and/or
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source code form of the Software to third party
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end users through multiple tiers of distribution,
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provided that you: (i) distribute the Software
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complete and unmodified in its original Java
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Archive file, and only bundled as a part of your
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program that incorporates the Software
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("Program"); (ii) do not distribute additional
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software intended to replace any component(s) of
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the Software; (iii) agree to incorporate the most
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current version of the Software that was available
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from Sun no later than 180 days prior to each
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production release of the Program; (iv) do not
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remove or alter any proprietary legends or notices
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contained in or on the Software; (v) only
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distribute the Program pursuant to a license
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agreement that protects Sun's interest consistent
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with the terms contained in the Agreement; (vi)
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may not create, or authorize your licensees to cr!
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eate additional classes, interfaces, or
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subpackages that are contained in the "java"
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"javax" or "sun" packages or similar as specified
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by Sun in any class file naming convention; and
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(vii) agree to defend and indemnify Sun and its
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licensors from and against any damages, costs,
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liabilities, settlement amounts and/or expenses
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(including attorneys' fees) incurred in connection
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with any claim, lawsuit or action by any third
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party that arises or results from the use or
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distribution of any and all Programs.
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2. Trademarks and Logos. You acknowledge as
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between you and Sun that Sun owns the Java
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trademark and all Java-related trademarks, logos
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and icons including the Coffee Cup and Duke ("Java
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Marks") and agree to comply with the Java
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Trademark Guidelines at
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http://java.sun.com/trademarks.html.
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