legal/Sun_binary_license.txt
author RM packaging bot <staff.rm@openbravo.com>
Tue, 29 May 2012 17:31:09 +0000
changeset 16679 2152016488dc
parent 809 4366038ff51c
permissions -rw-r--r--
Merge temporary head for 3.0MP10.3
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.  Software is not designed or
licensed for use in on-line control of aircraft,
air traffic, aircraft navigation or aircraft
communications; or in the design, construction,
operation or maintenance of any nuclear
facility.  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.

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.

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.

For inquiries please contact: Sun Microsystems,
Inc.  901 San Antonio Road, Palo Alto, California
94303

PROGRAM DEVELOPMENT AND SERVLET JAR FILE
DISTRIBUTION SUPPLEMENTAL LICENSE TERMS

These supplemental license terms ("Supplement")
add to or modify the terms of the Binary Code
License Agreement (collectively, the
"Agreement"). Capitalized terms not defined in
this Supplement shall have the same meanings
ascribed to them in the Agreement.  These
Supplement terms shall supersede any inconsistent
or conflicting terms in the Agreement, or in any
license contained within the Software.

1. License to Develop.

    Sun grants you a non-exclusive,
    non-transferable, royalty-free limited
    license to use the Software for the
    development of Java TM compatible servlets
    (the "Programs") and reproduce and distribute
    the Programs to third party end users
    provided that you: (i) do not redistribute
    the Software in whole or in part, either
    separately or included in any Program except
    as authorized for the Servlet JAR Files as
    specified in Section 2 below, and (ii) agree
    to indemnify, hold harmless, and defend Sun
    and its licensors from and against any claims
    or lawsuits, including attorney's fees, that
    arise or result from the use or distribution
    of any and all Programs.

2. License to Distribute.

    Sun grants you a non-exclusive,
    non-transferable, royalty-free limited
    license to reproduce and distribute the
    servlet classes contained in the Software in
    the archive files "servlet.jar" and
    "server.jar" ("Servlet JAR Files") to third
    party end users solely as a component of your
    Programs provided that you: (i) distribute
    the Servlet JAR Files complete and unmodified
    in their original Java Archive file; (ii) do
    not distribute additional software intended
    to replace any component(s) of the Servlet
    JAR Files; (iii) do not remove or alter any
    proprietary legends or notices contained in
    or on the Software; (iv) only distribute the
    Servlet JAR Files pursuant to a license
    agreement that protects Sun's interests
    consistent with the terms contained in the
    Agreement; (v) agree to incorporate the most
    current version of the Servlet JAR Files that
    was available from Sun no later than 180 days
    prior to each production release of your
    Program; and (vi) agree to indemnify, hold
    harmless, and defend Sun and its licensors
    from and against any claims or lawsuits,
    including attorney's fees, that arise or
    result from the use or distribution of any
    and all Programs.

3. Trademarks and Logos.

    You acknowledge as between you and Sun that
    Sun owns the Java trademark and all
    Java-related trademarks, logos and icons
    including the Coffee Cup and Duke ("Java
    Marks") and agree to comply with the Java
    Trademark Guidelines at
    http://java.sun.com/trademarks.html.