| Jean-Baptiste Queru | b56ea2a | 2013-01-08 11:11:20 -0800 | [diff] [blame] | 1 | <!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 3.2//EN"><html><head> |
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| 10 | <p align="center"><font size="4">Sun Microsystems, Inc.</font> <br><font size="4">Binary |
| 11 | Code License Agreement</font></p> |
| 12 | <p>READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL |
| 13 | LICENSE TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE |
| 14 | OPENING THE SOFTWARE MEDIA PACKAGE.á BY OPENING THE SOFTWARE |
| 15 | MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT.á IF YOU |
| 16 | ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE YOUR ACCEPTANCE |
| 17 | OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END |
| 18 | OF THIS AGREEMENT.á IF YOU DO NOT AGREE TO ALL THESE TERMS, |
| 19 | PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE FOR A |
| 20 | REFUND OR, IF THE SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE |
| 21 | "DECLINE" BUTTON AT THE END OF THIS AGREEMENT. |
| 22 | </p> |
| 23 | <p><b>1.á LICENSE TO USE.</b>á Sun grants you a |
| 24 | non-exclusive and non-transferable license for the internal use only |
| 25 | of the accompanying software and documentation and any error |
| 26 | corrections provided by Sun (collectively "Software"), by |
| 27 | the number of users and the class of computer hardware for which the |
| 28 | corresponding fee has been paid. |
| 29 | </p> |
| 30 | <p><b>2.á RESTRICTIONS.á</b> Software is confidential and |
| 31 | copyrighted. Title to Software and all associated intellectual |
| 32 | property rights is retained by Sun and/or its licensors.á Except |
| 33 | as specifically authorized in any Supplemental License Terms, you may |
| 34 | not make copies of Software, other than a single copy of Software for |
| 35 | archival purposes.á Unless enforcement is prohibited by |
| 36 | applicable law, you may not modify, decompile, or reverse engineer |
| 37 | Software.á You acknowledge that Software is not designed, |
| 38 | licensed or intended for use in the design, construction, operation |
| 39 | or maintenance of any nuclear facility.á Sun disclaims any |
| 40 | express or implied warranty of fitness for such uses.á No right, |
| 41 | title or interest in or to any trademark, service mark, logo or trade |
| 42 | name of Sun or its licensors is granted under this Agreement. |
| 43 | </p> |
| 44 | <p><b>3. LIMITED WARRANTY.</b>á Sun warrants to you that for a |
| 45 | period of ninety (90) days from the date of purchase, as evidenced by |
| 46 | a copy of the receipt, the media on which Software is furnished (if |
| 47 | any) will be free of defects in materials and workmanship under |
| 48 | normal use.á Except for the foregoing, Software is provided "AS |
| 49 | IS".á Your exclusive remedy and Sun's entire liability |
| 50 | under this limited warranty will be at Sun's option to replace |
| 51 | Software media or refund the fee paid for Software. |
| 52 | </p> |
| 53 | <p><b>4.á DISCLAIMER OF WARRANTY.á</b> UNLESS SPECIFIED IN |
| 54 | THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS |
| 55 | AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, |
| 56 | FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, |
| 57 | EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY |
| 58 | INVALID. |
| 59 | </p> |
| 60 | <p><b>5.á LIMITATION OF LIABILITY.</b>á TO THE EXTENT NOT |
| 61 | PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE |
| 62 | FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, |
| 63 | CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED |
| 64 | REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO |
| 65 | THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED |
| 66 | OF THE POSSIBILITY OF SUCH DAMAGES.á In no event will Sun's |
| 67 | liability to you, whether in contract, tort (including negligence), |
| 68 | or otherwise, exceed the amount paid by you for Software under this |
| 69 | Agreement.á The foregoing limitations will apply even if the |
| 70 | above stated warranty fails of its essential purpose. |
| 71 | </p> |
| 72 | <p><b>6.á Termination.</b>á This Agreement is effective |
| 73 | until terminated.á You may terminate this Agreement at any time |
| 74 | by destroying all copies of Software.á This Agreement will |
| 75 | terminate immediately without notice from Sun if you fail to comply |
| 76 | with any provision of this Agreement.á Upon Termination, you |
| 77 | must destroy all copies of Software. |
| 78 | </p> |
| 79 | <p><b>7. Export Regulations.</b> All Software and technical data |
| 80 | delivered under this Agreement are subject to US export control laws |
| 81 | and may be subject to export or import regulations in other |
| 82 | countries.á You agree to comply strictly with all such laws and |
| 83 | regulations and acknowledge that you have the responsibility to |
| 84 | obtain such licenses to export, re-export, or import as may be |
| 85 | required after delivery to you. |
| 86 | </p> |
| 87 | <p><b>8.áá U.S. Government Restricted Rights.á</b> If |
| 88 | Software is being acquired by or on behalf of the U.S. Government or |
| 89 | by a U.S. Government prime contractor or subcontractor (at any tier), |
| 90 | then the Government's rights in Software and accompanying |
| 91 | documentation will be only as set forth in this Agreement; this is in |
| 92 | accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of |
| 93 | Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for |
| 94 | non-DOD acquisitions). |
| 95 | </p> |
| 96 | <p><b>9.á Governing Law.</b>á Any action related to this |
| 97 | Agreement will be governed by California law and controlling U.S. |
| 98 | federal law.á No choice of law rules of any jurisdiction will |
| 99 | apply. |
| 100 | </p> |
| 101 | <p><b>10.á Severability.</b> If any provision of this Agreement |
| 102 | is held to be unenforceable, this Agreement will remain in effect |
| 103 | with the provision omitted, unless omission would frustrate the |
| 104 | intent of the parties, in which case this Agreement will immediately |
| 105 | terminate. |
| 106 | </p> |
| 107 | <p><b>11.á Integration.</b>á This Agreement is the entire |
| 108 | agreement between you and Sun relating to its subject matter.á |
| 109 | It supersedes all prior or contemporaneous oral or written |
| 110 | communications, proposals, representations and warranties and |
| 111 | prevails over any conflicting or additional terms of any quote, |
| 112 | order, acknowledgment, or other communication between the parties |
| 113 | relating to its subject matter during the term of this Agreement.á |
| 114 | No modification of this Agreement will be binding, unless in writing |
| 115 | and signed by an authorized representative of each party. |
| 116 | </p> |
| 117 | <p align="center" style="margin-bottom: 0cm;"><font size="4"><font color="#000000">JAVAHELP</font>(TM)<font color="#000000"><font size="2" style="font-size: 9pt;"> |
| 118 | </font>VERSION 2.0</font></font><br><font size="4">SUPPLEMENTAL LICENSE |
| 119 | TERMS</font></p> |
| 120 | <p align="center" style="margin-bottom: 0cm;"><br> |
| 121 | </p> |
| 122 | <p>These supplemental license terms ("Supplemental Terms") |
| 123 | add to or modify the terms of the Binary Code License Agreement |
| 124 | (collectively, the "Agreement"). Capitalized terms not |
| 125 | defined in these Supplemental Terms shall have the same meanings |
| 126 | ascribed to them in the Agreement. These Supplemental Terms shall |
| 127 | supersede any inconsistent or conflicting terms in the Agreement, or |
| 128 | in any license contained within the Software. |
| 129 | </p> |
| 130 | <p style="margin-bottom: 0.51cm;"><font color="#000000"><b>1. Software |
| 131 | Internal Use and Development License Grant.</b> Subject to the terms |
| 132 | and conditions of this Agreement, including, but not limited to |
| 133 | Section 4 (Java(TM) Technology Restrictions) of these Supplemental |
| 134 | Terms, Sun grants you a non-exclusive, non-transferable, limited |
| 135 | license to reproduce internally and use internally the binary form of |
| 136 | the Software complete and unmodified for the sole purpose of |
| 137 | designing, developing and testing your Java applets and applications |
| 138 | intended to run on the Java platform ("Programs"). </font> |
| 139 | </p> |
| 140 | <p style="margin-bottom: 0.51cm;"><font color="#000000"><b>2. License |
| 141 | to Distribute Software.</b>á In addition to the license granted |
| 142 | in Section 1 (Software Internal Use and Development License Grant) of |
| 143 | these Supplemental Terms, subject to the terms and conditions of this |
| 144 | Agreement, including but not limited to Section 4 (Java Technology |
| 145 | Restrictions), Sun grants you a non-exclusive, non-transferable, |
| 146 | limited license to reproduce and distribute the Software in binary |
| 147 | form only, provided that you (i) distribute the Software complete and |
| 148 | unmodified and only bundled as part of your Programs, (ii) do not |
| 149 | distribute additional software intended to replace any component(s) |
| 150 | of the Software, (iii) do not remove or alter any proprietary legends |
| 151 | or notices contained in the Software, (iv) only distribute the |
| 152 | Software subject to a license agreement that protects Sun's interests |
| 153 | consistent with the terms contained in this Agreement, and (v) agree |
| 154 | to defend and indemnify Sun and its licensors from and against any |
| 155 | damages, costs, liabilities, settlement amounts and/or expenses |
| 156 | (including attorneys' fees) incurred in connection with any claim, |
| 157 | lawsuit or action by any third party that arises or results from the |
| 158 | use or distribution of any and all Programs and/or Software. </font> |
| 159 | </p> |
| 160 | <p style="margin-bottom: 0.51cm;"><font color="#000000"><b>3. License |
| 161 | to Distribute Redistributables.</b>á In addition to the license |
| 162 | granted in Section 1 (Software Internal Use and Development License |
| 163 | Grant) of these Supplemental Terms, subject to the terms and |
| 164 | conditions of this Agreement, including but not limited to Section 3 |
| 165 | (Java Technology Restrictions) of these Supplemental Terms, Sun |
| 166 | grants you a non-exclusive, non-transferable, limited license to |
| 167 | reproduce and distribute those files specifically identified as |
| 168 | redistributable in the Software "README" file |
| 169 | ("Redistributables") provided that: (i) you distribute the |
| 170 | Redistributables complete and unmodified (unless otherwise specified |
| 171 | in the applicable README file), and only bundled as part of your |
| 172 | Programs, (ii) you do not distribute additional software intended to |
| 173 | supersede any component(s) of the Redistributables, (iii) you do not |
| 174 | remove or alter any proprietary legends or notices contained in or on |
| 175 | the Redistributables, (iv) you only distribute the Redistributables |
| 176 | pursuant to a license agreement that protects Sun's interests |
| 177 | consistent with the terms contained in the Agreement, and (v) you |
| 178 | agree to defend and indemnify Sun and its licensors from and against |
| 179 | any damages, costs, liabilities, settlement amounts and/or expenses |
| 180 | (including attorneys' fees) incurred in connection with any claim, |
| 181 | lawsuit or action by any third party that arises or results from the |
| 182 | use or distribution of any and all Programs and/or Software. </font> |
| 183 | </p> |
| 184 | <p style="margin-bottom: 0.51cm;"><b><font color="#000000">4. Java |
| 185 | Techn</font>ology Restrictions.</b> You may not modify the Java |
| 186 | Platform Interface ("JPI", identified as classes contained |
| 187 | within the "java" package or any subpackages of the "java" |
| 188 | package), by creating additional classes within the JPI or otherwise |
| 189 | causing the addition to or modification of the classes in the JPI.á |
| 190 | In the event that you create an additional class and associated |
| 191 | API(s) which (i) extends the functionality of the Java platform, and |
| 192 | (ii) is exposed to third party software developers for the purpose of |
| 193 | developing additional software which invokes such additional API, you |
| 194 | must promptly publish broadly an accurate specification for such API |
| 195 | for free use by all developers. You may not create, or authorize your |
| 196 | licensees to create, additional classes, interfaces, or subpackages |
| 197 | that are in any way identified as "java", "javax", |
| 198 | "sun" or similar convention as specified by Sun in any |
| 199 | naming convention designation. |
| 200 | </p> |
| 201 | <p style="margin-bottom: 0.51cm;"><b>5. Java Runtime Availability.</b>á |
| 202 | Refer to the appropriate version of the Java Runtime Environment |
| 203 | binary code license (currently located at |
| 204 | http://www.java.sun.com/jdk/index.html) for the availability of |
| 205 | runtime code which may be distributed with Java applets and |
| 206 | applications. |
| 207 | </p> |
| 208 | <p style="margin-bottom: 0.51cm;"><b>6. Trademarks and Logos.</b> You |
| 209 | acknowledge and agree as between you and Sun that Sun owns the SUN, |
| 210 | SOLARIS, JAVA, JINI, FORTE, and iPLANET trademarks and all SUN, |
| 211 | SOLARIS, JAVA, JINI, FORTE, and iPLANET-related trademarks, service |
| 212 | marks, logos and other brand designations ("Sun Marks"), |
| 213 | and you agree to comply with the Sun Trademark and Logo Usage |
| 214 | Requirements currently located at |
| 215 | http://www.sun.com/policies/trademarks. Any use you make of the Sun |
| 216 | Marks inures to Sun's benefit. |
| 217 | </p> |
| 218 | <p style="margin-bottom: 0.51cm;"><b>7. Source Code.</b> Software may |
| 219 | contain source code that is provided solely for reference purposes |
| 220 | pursuant to the terms of this Agreement. Source code may not be |
| 221 | redistributed unless expressly provided for in this Agreement. Some |
| 222 | source code may contain alternative license terms that apply only to |
| 223 | that source code file.</p> |
| 224 | <p style="margin-bottom: 0.51cm;"><b>8. Termination for Infringement.</b>á |
| 225 | Either party may terminate this Agreement immediately should any |
| 226 | Software become, or in either party's opinion be likely to become, |
| 227 | the subject of a claim of infringement of any intellectual property |
| 228 | right. |
| 229 | </p> |
| 230 | <p style="margin-bottom: 0.51cm;"><font face="Thorndale"><font color="#000000">For |
| 231 | inquiries please contact: Sun Microsystems, Inc. 4150 Network Circle, |
| 232 | Santa Clara, California 95054.</font></font> <br><i>(LFI#135834/Form |
| 233 | ID#011801)</i></p> |
| 234 | </body></html> |