Sun
Microsystems, Inc. ("Sun") SOFTWARE LICENSE AGREEMENT and ENTITLEMENT
for SOFTWARE
A.
ENTITLEMENT for SOFTWARE
Licensee/Company:
Entity receiving Software.
Effective
Date: Date of delivery of the Software to You.
Software:
JAVA ACCESS BRIDGE FOR THE MICROSOFT WINDOWS OPERATING
SYSTEM,
VERSION 2.0
License
Term:¹ Perpetual (subject to termination
under the SLA)
Licensed
Unit: Software Copy
Licensed
unit Count: Unlimited
Permitted
Uses:¹¹
1. You
may reproduce and use the Software for Individual, Commercial, or Research and
Instructional Use for the purposes of designing, developing, testing, and
running Your applets and application("Programs").
2.
Subject to the terms and conditions of this Agreement and restrictions and
exceptions set forth in the Software's documentation, You may reproduce and
distribute portions of Software identified as a redistributable in the
documentation ("Redistributable"), provided that:
(a) You
distribute Redistributable complete and unmodified and only bundled as part of
Your Programs,
(b)
Your Programs add significant and primary functionality to the Redistributable,
(c) You
distribute Redistributable for the sole purpose of running Your Programs,
(d) You
do not distribute additional software intended to replace any
component(s)
of the Redistributable,
(e) You
do not remove or alter any proprietary legends or notices contained in or on
the Redistributable.
¹
(f) You
only distribute the Redistributable subject to a license agreement that
protects Sun's interests consistent with the terms contained in this
Agreement,
and
(g) You
agree to defend and indemnify Sun and its licensors from and against any
damages, costs, liabilities, settlement amounts and/or expenses¹ (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
Redistributable.
3.
Subject to the terms and conditions of¹
this Agreement, You may use and modify those source files specifically
identified as installer source files in¹
the Software's README file ("the Installer Source Files") to
develop installers for use with Your Programs ("Binary
Installers").¹ Binary Installers are Redistributables.
4. Java
Technology Restrictions.¹ 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.
B.
SOFTWARE LICENSE AGREEMENT
READ
THE TERMS OF THIS AGREEMENT ("AGREEMENT") CAREFULLY BEFORE OPENING
SOFTWARE MEDIA PACKAGE. BY OPENING SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE
TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING SOFTWARE ELECTRONICALLY, INDICATE
YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" (OR
EQUIVALENT) BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF
THE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE FOR A
REFUND OR, IF SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE
"DECLINE" (OR EQUIVALENT) BUTTON AT THE END OF THIS AGREEMENT. IF YOU
HAVE SEPARATELY AGREED TO LICENSE TERMS ("MASTER TERMS") FOR YOUR
LICENSE TO THIS SOFTWARE, THEN SECTIONS 1-6 OF THIS AGREEMENT
("SUPPLEMENTAL LICENSE TERMS") SHALL SUPPLEMENT AND SUPERSEDE THE
MASTER TERMS IN RELATION TO THIS SOFTWARE.
1.
Definitions.
(a)
"Entitlement" means the collective set of applicable documents
authorized by Sun evidencing your obligation to pay associated fees (if any)
for the license, associated Services, and the authorized scope of use of
Software under this Agreement.
(b)
"Licensed Unit" means the unit of measure by which your use of
Software and/or Service is licensed, as described in your Entitlement.
(c)
"Permitted Use" means the licensed Software use(s) authorized in this
Agreement as specified in your Entitlement. The Permitted Use for any bundled
Sun software not specified in your Entitlement will be evaluation use as
provided in Section 3.
(d)
"Service" means the service(s) that Sun or its delegate will provide,
if any, as selected in your Entitlement and as further described in the
applicable service listings at www.sun.com/service/servicelist.
(e)
"Software" means the Sun software described in your Entitlement.
Also, certain software may be included for evaluation use under Section 3.
(f)
"You" and "Your" means the individual or legal entity
specified in the Entitlement, or for evaluation purposes, the entity performing
the evaluation.
2.
License Grant and Entitlement.
Subject
to the terms of your Entitlement, Sun grants you a nonexclusive,
nontransferable limited license to use Software for its Permitted Use for the
license term. Your Entitlement will specify (a) Software licensed, (b) the
Permitted Use, (c) the license term, and (d) the Licensed Units.
Additionally,
if your Entitlement includes Services, then it will also specify the (e)
Service and (f) service term.
If your
rights to Software or Services are limited in duration and the date such rights
begin is other than the purchase date, your Entitlement will provide that beginning
date(s).
The
Entitlement may be delivered to you in various ways depending on the manner in
which you obtain Software and Services, for example, the Entitlement may be
provided in your receipt, invoice or your contract with Sun or authorized Sun
reseller. It may also be in electronic format if you download Software.
3.
Permitted Use.
As
selected in your Entitlement, one or more of the following Permitted Uses will
apply to your use of Software. Unless you have an Entitlement that expressly
permits it, you may not use Software for any of the other Permitted Uses. If
you don't have an Entitlement, or if your Entitlement doesn't cover additional
software delivered to you, then such software is for your Evaluation Use.
(a)
Evaluation Use. You may evaluate Software internally for a period of 90 days
from your first use.
(b)
Research and Instructional Use. You may use Software internally to design,
develop and test, and also to provide instruction on such uses.
(c)
Individual Use. You may use Software internally for personal, individual use.
(d)
Commercial Use. You may use Software internally for your own commercial
purposes.
(e)
Service Provider Use. You may make Software functionality accessible (but not
by providing Software itself or through outsourcing services) to your end users
in an extranet deployment, but not to your affiliated companies or to
government agencies.
4.
Licensed Units.
Your
Permitted Use is limited to the number of Licensed Units stated in your Entitlement.
If you require additional Licensed Units, you will need additional
Entitlement(s).
5.
Restrictions.
(a) The
copies of Software provided to you under this Agreement is licensed, not sold,
to you by Sun. Sun reserves all rights not expressly granted. (b) You may make
a single archival copy of Software, but otherwise may not copy, modify, or
distribute Software. However if the Sun documentation accompanying Software
lists specific portions of Software, such as header files, class libraries,
reference source code, and/or redistributable files, that may be handled
differently, you may do so only as provided in the Sun documentation. (c) You
may not rent, lease, lend or encumber Software. (d) Unless enforcement is
prohibited by applicable law, you may not decompile, or reverse engineer
Software. (e) The terms and conditions of this Agreement will apply to any
Software updates, provided to you at Sun's discretion, that replace and/or
supplement the original Software, unless such update contains a separate license.
(f) You may not publish or provide the results of any benchmark or comparison
tests run on Software to any third party without the prior written consent of
Sun. (g) Software is confidential and copyrighted. (h) Unless otherwise
specified, if Software is delivered with embedded or bundled software that
enables functionality of Software, you may not use such software on a
stand-alone basis or use any portion of such software to interoperate with any
program(s) other than Software. (i) Software may contain programs that perform
automated collection of system data and/or automated software updating
services. System data collected through such programs may be used by Sun, its
subcontractors, and its service delivery partners for the purpose of providing you
with remote system services and/or improving Sun's software and systems. (j)
Software is not designed, licensed or intended for use in the design,
construction, operation or maintenance of any nuclear facility and Sun and its
licensors disclaim any express or implied warranty of fitness for such uses.
(k) 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.
6. Java
Compatibility and Open Source.
Software
may contain Java technology. You may not create additional classes to, or
modifications of, the Java technology, except under compatibility requirements
available under a separate agreement available at www.java.net.
Sun
supports and benefits from the global community of open source developers, and
thanks the community for its important contributions and open standards-based
technology, which Sun has adopted into many of its products.
Please
note that portions of Software may be provided with notices and open source
licenses from such communities and third parties that govern the use of those
portions, and any licenses granted hereunder do not alter any rights and
obligations you may have under such open source licenses, however, the
disclaimer of warranty and limitation of liability provisions in this Agreement
will apply to all Software in this distribution.
7. Term
and Termination.
The
license and service term are set forth in your Entitlement(s). Your rights
under this Agreement will terminate immediately without notice from Sun if you
materially breach it or take any action in derogation of Sun's and/or its
licensors' rights to Software. Sun may terminate this Agreement should any
Software become, or in Sun's reasonable opinion likely to become, the subject of
a claim of intellectual property infringement or trade secret misappropriation.
Upon termination, you will cease use of, and destroy, Software and confirm
compliance in writing to Sun. Sections 1, 5, 6, 7, and 9-15 will survive
termination of the Agreement.
8.
Limited Warranty.
Sun
warrants to you that for a period of 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.
Some states do not allow limitations on certain implied warranties, 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.
9.
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.
10.
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. Some states do not allow the exclusion
of incidental or consequential damages, so some of the terms above may not be
applicable to you.
11.
Export Regulations.
All
Software, documents, technical data, and any other materials delivered under
this Agreement are subject to U.S. export control laws and may be subject to
export or import regulations in other countries. You agree to comply strictly
with these laws and regulations and acknowledge that you have the
responsibility to obtain any licenses to export, re-export, or import as may be
required after delivery to you.
12.
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).
13.
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.
14.
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.
15.
Integration.
This
Agreement, including any terms contained in your Entitlement, 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.
Please
contact Sun Microsystems, Inc. 4150 Network Circle, Santa Clara, California
95054 if you have questions.