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-Sun Microsystems, Inc. Binary Code License Agreement
-
-READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE
-TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE
-MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO
-THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE
-ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING
-THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE
-TO ALL THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE
-OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED
-ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THIS
-AGREEMENT.
-
-1. LICENSE TO USE. Sun grants you a non-exclusive and
-non-transferable license for the internal use only of the accompanying
-software and documentation and any error corrections provided by Sun
-(collectively "Software"), by the number of users and the class of
-computer hardware for which the corresponding fee has been paid.
-
-2. RESTRICTIONS. Software is confidential and copyrighted. Title to
-Software and all associated intellectual property rights is retained
-by Sun and/or its licensors. Except as specifically authorized in any
-Supplemental License Terms, you may not make copies of Software, other
-than a single copy of Software for archival purposes. Unless
-enforcement is prohibited by applicable law, you may not modify,
-decompile, or reverse engineer Software. You acknowledge that
-Software is not designed, licensed or intended for use in the design,
-construction, operation or maintenance of any nuclear facility. Sun
-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.
-
-3. 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.
-
-4. 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.
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-5. 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.
-
-6. 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.
-Upon Termination, you must destroy all copies of Software.
-
-7. 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.
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-8. 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).
-
-9. 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.
-
-10. 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.
-
-11. 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.
-
-
- FORTE(TM) FOR JAVA(TM), RELEASE 3.0, COMMUNITY EDITION
-
- SUPPLEMENTAL LICENSE TERMS
-
-These supplemental license terms ("Supplemental Terms") add to or
-modify the terms of the Binary Code License Agreement (collectively,
-the "Agreement"). Capitalized terms not defined in these Supplemental
-Terms shall have the same meanings ascribed to them in the
-Agreement. These Supplemental Terms shall supersede any inconsistent
-or conflicting terms in the Agreement, or in any license contained
-within the Software.
-
-1. Software Internal Use and Development License Grant. Subject to the
-terms and conditions of this Agreement, including, but not limited to
-Section 4 (Java(TM) Technology Restrictions) of these Supplemental
-Terms, Sun grants you a non-exclusive, non-transferable, limited
-license to reproduce internally and use internally the binary form of
-the Software complete and unmodified for the sole purpose of
-designing, developing and testing your Java applets and applications
-intended to run on the Java platform ("Programs").
-
-2. License to Distribute Software. Subject to the terms and conditions
-of this Agreement, including, but not limited to Section 4 (Java (TM)
-Technology Restrictions) of these Supplemental Terms, Sun grants you a
-non-exclusive, non-transferable, limited license to reproduce and
-distribute the Software in binary code form only, 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) for a particular
-version of the Java platform, any executable output generated by a
-compiler that is contained in the Software must (a) only be compiled
-from source code that conforms to the corresponding version of the OEM
-Java Language Specification; (b) be in the class file format defined
-by the corresponding version of the OEM Java Virtual Machine
-Specification; and (c) execute properly on a reference runtime, as
-specified by Sun, associated with such version of the Java platform,
-(v) 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.
-
-3. License to Distribute Redistributables. Subject to the terms and
-conditions of this Agreement, including but not limited to Section 4
-(Java Technology Restrictions) of these Supplemental Terms, Sun grants
-you a non-exclusive, non-transferable, limited license to reproduce
-and distribute the binary form of those files specifically identified
-as redistributable in the Software "RELEASE NOTES" file
-("Redistributables") provided that: (i) you distribute the
-Redistributables complete and unmodified (unless otherwise specified
-in the applicable RELEASE NOTES file), and only bundled as part of
-Programs, (ii) you do not distribute additional software intended to
-supersede any component(s) of the Redistributables, (iii) you do not
-remove or alter any proprietary legends or notices contained in or on
-the Redistributables, (iv) for a particular version of the Java
-platform, any executable output generated by a compiler that is
-contained in the Software must (a) only be compiled from source code
-that conforms to the corresponding version of the OEM Java Language
-Specification; (b) be in the class file format defined by the
-corresponding version of the OEM Java Virtual Machine Specification;
-and (c) execute properly on a reference runtime, as specified by Sun,
-associated with such version of the Java platform, (v) you only
-distribute the Redistributables pursuant to a license agreement that
-protects Sun's interests consistent with the terms contained in the
-Agreement, and (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.
-
-4. 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.
-
-5. Java Runtime Availability. Refer to the appropriate version of
-the Java Runtime Environment binary code license (currently located at
-http://www.java.sun.com/jdk/index.html) for the availability of
-runtime code which may be distributed with Java applets and
-applications.
-
-6. 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.
-
-7. Source Code. Software may contain source code that 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.
-
-8. 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.
-
-For inquiries please contact:
-
-Sun Microsystems, Inc.
-901 San Antonio Road
-Palo Alto, California 94303
-
-(LFI#91205/Form ID#011801)