3860N/AThe contents of this file are subject to the terms of the
4103N/ACommon Development and Distribution License, Version 1.0 only
4103N/A(the "License"). You may not use this file except in compliance
4103N/AYou can obtain a copy of the license at
3860N/ASee the License for the specific language governing permissions
3860N/Aand limitations under the License.
3860N/AWhen distributing Covered Code, include this CDDL HEADER in each
4103N/Afile and include the License file at
4103N/Aadd the following below this CDDL HEADER, with the fields enclosed
4103N/Aby brackets "[]" replaced with your own identifying information:
4103N/A Portions Copyright [yyyy] [name of copyright owner]
4103N/A Copyright 2009 Sun Microsystems, Inc.
4103N/A--------------------------------------------------------------------
4103N/AUnless otherwise noted, all files in this distribution are released
4103N/Aunder the Common Development and Distribution License (CDDL).
4103N/AExceptions are noted within the associated source files.
4103N/A--------------------------------------------------------------------
4103N/ACOMMON DEVELOPMENT AND DISTRIBUTION LICENSE Version 1.0
4103N/A 1.1. "Contributor" means each individual or entity that creates
4103N/A or contributes to the creation of Modifications.
4103N/A 1.2. "Contributor Version" means the combination of the Original
4103N/A Software, prior Modifications used by a Contributor (if any),
4103N/A and the Modifications made by that particular Contributor.
4103N/A 1.3. "Covered Software" means (a) the Original Software, or (b)
4103N/A Modifications, or (c) the combination of files containing
4103N/A Original Software with files containing Modifications, in
4103N/A each case including portions thereof.
4103N/A 1.4. "Executable" means the Covered Software in any form other
4103N/A 1.5. "Initial Developer" means the individual or entity that first
4103N/A makes Original Software available under this License.
4103N/A 1.6. "Larger Work" means a work which combines Covered Software or
4103N/A portions thereof with code not governed by the terms of this
4103N/A 1.7. "License" means this document.
4103N/A 1.8. "Licensable" means having the right to grant, to the maximum
4103N/A extent possible, whether at the time of the initial grant or
4103N/A subsequently acquired, any and all of the rights conveyed
4103N/A 1.9. "Modifications" means the Source Code and Executable form of
4103N/A A. Any file that results from an addition to, deletion from or
4103N/A modification of the contents of a file containing Original
4103N/A Software or previous Modifications;
4103N/A B. Any new file that contains any part of the Original
4103N/A Software or previous Modifications; or
4103N/A C. Any new file that is contributed or otherwise made
4103N/A available under the terms of this License.
4103N/A 1.10. "Original Software" means the Source Code and Executable
4103N/A form of computer software code that is originally released
4103N/A 1.11. "Patent Claims" means any patent claim(s), now owned or
4103N/A hereafter acquired, including without limitation, method,
4103N/A process, and apparatus claims, in any patent Licensable by
4103N/A 1.12. "Source Code" means (a) the common form of computer software
4103N/A code in which modifications are made and (b) associated
4103N/A documentation included in or with such code.
4103N/A 1.13. "You" (or "Your") means an individual or a legal entity
4103N/A exercising rights under, and complying with all of the terms
4103N/A of, this License. For legal entities, "You" includes any
4103N/A entity which controls, is controlled by, or is under common
4103N/A control with You. For purposes of this definition,
4103N/A "control" means (a) the power, direct or indirect, to cause
4103N/A the direction or management of such entity, whether by
4103N/A contract or otherwise, or (b) ownership of more than fifty
4103N/A percent (50%) of the outstanding shares or beneficial
4103N/A 2.1. The Initial Developer Grant.
4103N/A Conditioned upon Your compliance with Section 3.1 below and
4103N/A subject to third party intellectual property claims, the Initial
4103N/A Developer hereby grants You a world-wide, royalty-free,
4103N/A (a) under intellectual property rights (other than patent or
4103N/A trademark) Licensable by Initial Developer, to use,
4103N/A reproduce, modify, display, perform, sublicense and
4103N/A distribute the Original Software (or portions thereof),
4103N/A with or without Modifications,
and/or as part of a Larger
4103N/A (b) under Patent Claims infringed by the making, using or
4103N/A selling of Original Software, to make, have made, use,
4103N/A dispose of the Original Software (or portions thereof).
4103N/A (c) The licenses granted in Sections 2.1(a) and (b) are
4103N/A effective on the date Initial Developer first distributes
4103N/A or otherwise makes the Original Software available to a
4103N/A third party under the terms of this License.
4103N/A (d) Notwithstanding Section 2.1(b) above, no patent license is
4103N/A granted: (1) for code that You delete from the Original
4103N/A Software, or (2) for infringements caused by: (i) the
4103N/A modification of the Original Software, or (ii) the
4103N/A combination of the Original Software with other software
4103N/A Conditioned upon Your compliance with Section 3.1 below and
4103N/A subject to third party intellectual property claims, each
4103N/A Contributor hereby grants You a world-wide, royalty-free,
4103N/A (a) under intellectual property rights (other than patent or
4103N/A trademark) Licensable by Contributor to use, reproduce,
4103N/A modify, display, perform, sublicense and distribute the
4103N/A Modifications created by such Contributor (or portions
4103N/A thereof), either on an unmodified basis, with other
4103N/A (b) under Patent Claims infringed by the making, using, or
4103N/A selling of Modifications made by that Contributor either
4103N/A (or portions of such combination), to make, use, sell,
4103N/A (1) Modifications made by that Contributor (or portions
4103N/A thereof); and (2) the combination of Modifications made by
4103N/A that Contributor with its Contributor Version (or portions
4103N/A (c) The licenses granted in Sections 2.2(a) and 2.2(b) are
4103N/A effective on the date Contributor first distributes or
4103N/A otherwise makes the Modifications available to a third
4103N/A (d) Notwithstanding Section 2.2(b) above, no patent license is
4103N/A granted: (1) for any code that Contributor has deleted
4103N/A from the Contributor Version; (2) for infringements caused
4103N/A by: (i) third party modifications of Contributor Version,
4103N/A or (ii) the combination of Modifications made by that
4103N/A Contributor with other software (except as part of the
4103N/A Contributor Version) or other devices; or (3) under Patent
4103N/A Claims infringed by Covered Software in the absence of
4103N/A Modifications made by that Contributor.
4103N/A3. Distribution Obligations.
4103N/A 3.1. Availability of Source Code.
4103N/A Any Covered Software that You distribute or otherwise make
4103N/A available in Executable form must also be made available in Source
4103N/A Code form and that Source Code form must be distributed only under
4103N/A the terms of this License. You must include a copy of this
4103N/A License with every copy of the Source Code form of the Covered
4103N/A Software You distribute or otherwise make available. You must
4103N/A inform recipients of any such Covered Software in Executable form
4103N/A as to how they can obtain such Covered Software in Source Code
4103N/A form in a reasonable manner on or through a medium customarily
4103N/A used for software exchange.
4103N/A The Modifications that You create or to which You contribute are
4103N/A governed by the terms of this License. You represent that You
4103N/A believe Your Modifications are Your original creation(s)
and/or 4103N/A You have sufficient rights to grant the rights conveyed by this
4103N/A You must include a notice in each of Your Modifications that
4103N/A identifies You as the Contributor of the Modification. You may
4103N/A not remove or alter any copyright, patent or trademark notices
4103N/A contained within the Covered Software, or any notices of licensing
4103N/A or any descriptive text giving attribution to any Contributor or
4103N/A 3.4. Application of Additional Terms.
4103N/A You may not offer or impose any terms on any Covered Software in
4103N/A Source Code form that alters or restricts the applicable version
4103N/A of this License or the recipients' rights hereunder. You may
4103N/A choose to offer, and to charge a fee for, warranty, support,
4103N/A indemnity or liability obligations to one or more recipients of
4103N/A Covered Software. However, you may do so only on Your own behalf,
4103N/A and not on behalf of the Initial Developer or any Contributor.
4103N/A You must make it absolutely clear that any such warranty, support,
4103N/A indemnity or liability obligation is offered by You alone, and You
4103N/A hereby agree to indemnify the Initial Developer and every
4103N/A Contributor for any liability incurred by the Initial Developer or
4103N/A such Contributor as a result of warranty, support, indemnity or
4103N/A 3.5. Distribution of Executable Versions.
4103N/A You may distribute the Executable form of the Covered Software
4103N/A under the terms of this License or under the terms of a license of
4103N/A Your choice, which may contain terms different from this License,
4103N/A provided that You are in compliance with the terms of this License
4103N/A and that the license for the Executable form does not attempt to
4103N/A limit or alter the recipient's rights in the Source Code form from
4103N/A the rights set forth in this License. If You distribute the
4103N/A Covered Software in Executable form under a different license, You
4103N/A must make it absolutely clear that any terms which differ from
4103N/A this License are offered by You alone, not by the Initial
4103N/A Developer or Contributor. You hereby agree to indemnify the
4103N/A Initial Developer and every Contributor for any liability incurred
4103N/A by the Initial Developer or such Contributor as a result of any
4103N/A You may create a Larger Work by combining Covered Software with
4103N/A other code not governed by the terms of this License and
4103N/A distribute the Larger Work as a single product. In such a case,
4103N/A You must make sure the requirements of this License are fulfilled
4103N/A Sun Microsystems, Inc. is the initial license steward and may
4103N/A publish revised
and/or new versions of this License from time to
4103N/A time. Each version will be given a distinguishing version number.
4103N/A Except as provided in Section 4.3, no one other than the license
4103N/A steward has the right to modify this License.
4103N/A 4.2. Effect of New Versions.
4103N/A You may always continue to use, distribute or otherwise make the
4103N/A Covered Software available under the terms of the version of the
4103N/A License under which You originally received the Covered Software.
4103N/A If the Initial Developer includes a notice in the Original
4103N/A Software prohibiting it from being distributed or otherwise made
4103N/A available under any subsequent version of the License, You must
4103N/A distribute and make the Covered Software available under the terms
4103N/A of the version of the License under which You originally received
4103N/A the Covered Software. Otherwise, You may also choose to use,
4103N/A distribute or otherwise make the Covered Software available under
4103N/A the terms of any subsequent version of the License published by
4103N/A When You are an Initial Developer and You want to create a new
4103N/A license for Your Original Software, You may create and use a
4103N/A modified version of this License if You: (a) rename the license
4103N/A and remove any references to the name of the license steward
4103N/A (except to note that the license differs from this License); and
4103N/A (b) otherwise make it clear that the license contains terms which
4103N/A COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS"
4103N/A BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
4103N/A INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED
4103N/A SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
4103N/A PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND
4103N/A PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY
4103N/A COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
4103N/A INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY
4103N/A NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF
4103N/A WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
4103N/A ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
4103N/A 6.1. This License and the rights granted hereunder will terminate
4103N/A automatically if You fail to comply with terms herein and fail to
4103N/A cure such breach within 30 days of becoming aware of the breach.
4103N/A Provisions which, by their nature, must remain in effect beyond
4103N/A the termination of this License shall survive.
4103N/A 6.2. If You assert a patent infringement claim (excluding
4103N/A declaratory judgment actions) against Initial Developer or a
4103N/A Contributor (the Initial Developer or Contributor against whom You
4103N/A assert such claim is referred to as "Participant") alleging that
4103N/A the Participant Software (meaning the Contributor Version where
4103N/A the Participant is a Contributor or the Original Software where
4103N/A the Participant is the Initial Developer) directly or indirectly
4103N/A infringes any patent, then any and all rights granted directly or
4103N/A indirectly to You by such Participant, the Initial Developer (if
4103N/A the Initial Developer is not the Participant) and all Contributors
4103N/A under Sections 2.1
and/or 2.2 of this License shall, upon 60 days
4103N/A notice from Participant terminate prospectively and automatically
4103N/A at the expiration of such 60 day notice period, unless if within
4103N/A such 60 day period You withdraw Your claim with respect to the
4103N/A Participant Software against such Participant either unilaterally
4103N/A or pursuant to a written agreement with Participant.
4103N/A 6.3. In the event of termination under Sections 6.1 or 6.2 above,
4103N/A all end user licenses that have been validly granted by You or any
4103N/A distributor hereunder prior to termination (excluding licenses
4103N/A granted to You by any distributor) shall survive termination.
4103N/A UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
4103N/A (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE
4103N/A INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF
4103N/A COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE
4103N/A LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
4103N/A CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
4103N/A LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK
4103N/A STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
4103N/A COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
4103N/A INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
4103N/A LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
4103N/A INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT
4103N/A APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO
4103N/A NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
4103N/A CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT
4103N/A The Covered Software is a "commercial item," as that term is
4103N/A defined in 48
C.F.R. 2.101 (Oct. 1995), consisting of "commercial
4103N/A computer software" (as that term is defined at 48
4103N/A C.F.R. 252.227-7014(a)(1)) and "commercial computer software
4103N/A documentation" as such terms are used in 48
C.F.R. 12.212
4103N/A U.S. Government End Users acquire Covered Software with only those
4103N/A rights set forth herein. This
U.S. Government Rights clause is in
4103N/A lieu of, and supersedes, any other FAR, DFAR, or other clause or
4103N/A provision that addresses Government rights in computer software
4103N/A This License represents the complete agreement concerning subject
4103N/A matter hereof. If any provision of this License is held to be
4103N/A unenforceable, such provision shall be reformed only to the extent
4103N/A necessary to make it enforceable. This License shall be governed
4103N/A by the law of the jurisdiction specified in a notice contained
4103N/A within the Original Software (except to the extent applicable law,
4103N/A if any, provides otherwise), excluding such jurisdiction's
4103N/A conflict-of-law provisions. Any litigation relating to this
4103N/A License shall be subject to the jurisdiction of the courts located
4103N/A in the jurisdiction and venue specified in a notice contained
4103N/A within the Original Software, with the losing party responsible
4103N/A for costs, including, without limitation, court costs and
4103N/A reasonable attorneys' fees and expenses. The application of the
4103N/A United Nations Convention on Contracts for the International Sale
4103N/A of Goods is expressly excluded. Any law or regulation which
4103N/A provides that the language of a contract shall be construed
4103N/A against the drafter shall not apply to this License. You agree
4103N/A that You alone are responsible for compliance with the United
4103N/A States export administration regulations (and the export control
4103N/A laws and regulation of any other countries) when You use,
4103N/A distribute or otherwise make available any Covered Software.
4103N/A10. RESPONSIBILITY FOR CLAIMS.
4103N/A As between Initial Developer and the Contributors, each party is
4103N/A responsible for claims and damages arising, directly or
4103N/A indirectly, out of its utilization of rights under this License
4103N/A and You agree to work with Initial Developer and Contributors to
4103N/A distribute such responsibility on an equitable basis. Nothing
4103N/A herein is intended or shall be deemed to constitute any admission
4103N/A--------------------------------------------------------------------
4103N/ANOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND
4103N/AFor Covered Software in this distribution, this License shall
4103N/Abe governed by the laws of the State of California (excluding
4103N/Aconflict-of-law provisions).
4103N/AAny litigation relating to this License shall be subject to the
4103N/Ajurisdiction of the Federal Courts of the Northern District of
4103N/ACalifornia and the state courts of the State of California, with
4103N/Avenue lying in Santa Clara County, California.
4103N/A--------------------------------------------------------------------
4103N/ASUN MICROSYSTEMS, INC. SOFTWARE LICENSE AGREEMENTS
4103N/ASUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE BELOW DEFINED SOFTWARE
4103N/ATO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN
4103N/ATHIS SOFTWARE LICENSE AGREEMENT ("AGREEMENT").
4103N/APLEASE READ THE AGREEMENT CAREFULLY. BY DOWNLOADING OR INSTALLING THIS
4103N/ASOFTWARE, YOU ACCEPT THE FULL TERMS OF THE AGREEMENT.
4103N/A"Software" means all the portions of the OpenDS distribution provided by Sun
4103N/Aonly in binary code form, and including any updates or error corrections or
4103N/Adocumentation provided by Sun under this Agreement.
4103N/ASubject to the terms and conditions of this Agreement and restrictions and
4103N/Aexceptions set forth in the Software's documentation, Sun grants you a
4103N/Anon-exclusive, non-transferable, limited license without fees to
4103N/A(a) reproduce and use internally the Software for the purposes of developing
4103N/Aor running OpenDS or modified versions of OpenDS.
4103N/A(b) reproduce and distribute the Software (and also portions of Software
4103N/Aidentified as Redistributable in the documentation accompanying Software),
4103N/A (i) distribute the Software or Redistributables bundled as part of, and for
4103N/Athe sole purpose of running, OpenDS or modified versions of OpenDS;
4103N/A (ii) do not remove or alter any proprietary legends or notices contained in
4103N/Aor on the Software or Redistributables,
4103N/A (iii) only distribute the Software or Redistributables subject to a license
4103N/Aagreement that protects Sun's interests consistent with the terms contained in
4103N/A (iv) you agree to defend and indemnify Sun and its licensors from and against
4103N/Aany damages, costs, liabilities, settlement amounts
and/or expenses (including
4103N/Aattorneys' fees) incurred in connection with any claim, lawsuit or action by
4103N/Aany third party that arises or results from the use or distribution of any and
4103N/Aall Programs, Software, or Redistributables.
4103N/A(a) The copies of Software provided to you under this Agreement is licensed,
4103N/Anot sold, to you by Sun. Sun reserves all rights not expressly granted.
4103N/A(b) You may not modify Software. However if the documentation accompanying
4103N/ASoftware lists specific portions of Software, such as header files, class
4103N/Alibraries, reference source code,
and/or redistributable files, that may be
4103N/Ahandled differently, you may do so only as provided in the documentation.
4103N/A(c) You may not rent, lease, lend or encumber Software.
4103N/A(d) you do not remove or alter any proprietary legends or notices contained
4103N/A(e) Unless enforcement is prohibited by applicable law, you may not decompile,
4103N/Aor reverse engineer Software.
4103N/A(f) The terms and conditions of this Agreement will apply to any Software
4103N/Aupdates, provided to you at Sun's discretion, that replace
and/or supplement
4103N/Athe original Software, unless such update contains a separate license.
4103N/A(g) Software is confidential and copyrighted.
4103N/A(h) Software is not designed, licensed or intended for use in the design,
4103N/Aconstruction, operation or maintenance of any nuclear facility and Sun and
4103N/Aits licensors disclaim any express or implied warranty of fitness for such uses.
4103N/A(i) No right, title or interest in or to any trademark, service mark, logo or
4103N/Atrade name of Sun or its licensors is granted under this Agreement.
4103N/A(j) If your Permitted Use in this Agreement permits the distribution Software
4103N/Aor portions of the Software, you may only distribute the Software subject to
4103N/Aa license agreement that protects Sun's interests consistent with the terms
4103N/Acontained in this Agreement.
4103N/A4. Java Compatibility and Open Source.
4103N/ASoftware may contain Java technology. You may not create additional classes
4103N/Ato, or modifications of, the Java technology, except under compatibility
4103N/ASun supports and benefits from the global community of open source developers,
4103N/Aand thanks the community for its important contributions and open
4103N/Astandards-based technology, which Sun has adopted into many of its products.
4103N/APlease note that portions of Software may be provided with notices and open
4103N/Asource licenses from such communities and third parties that govern the use of
4103N/Athose portions, and any licenses granted hereunder do not alter any rights and
4103N/Aobligations you may have under such open source licenses, however, the
4103N/Adisclaimer of warranty and limitation of liability provisions in this Agreement
4103N/Awill apply to all Software in this distribution.
4103N/AThe Agreement is effective on the Date you receive the Software and remains
4103N/Aeffective until terminated. Your rights under this Agreement will terminate
4103N/Aimmediately without notice from Sun if you materially breach it or take any
4103N/Aaction in derogation of Sun's
and/or its licensors' rights to Software. Sun
4103N/Amay terminate this Agreement should any Software become, or in Sun's reasonable
4103N/Aopinion likely to become, the subject of a claim of intellectual property
4103N/Ainfringement or trade secret misappropriation. Upon termination, you will
4103N/Acease use of, and destroy, Software and confirm compliance in writing to Sun.
4103N/ASections 1, 3, 4, 5, and 7-13 will survive termination of the Agreement.
4103N/ASun warrants to you that for a period of 90 days from the date of receipt, the
4103N/Amedia on which Software is furnished (if any) will be free of defects in
4103N/Amaterials and workmanship under normal use. Except for the foregoing, Software
4103N/Ais provided "AS IS". Your exclusive remedy and Sun's entire liability under this
4103N/Alimited warranty will be at Sun's option to replace Software media or refund the
4103N/Afee paid for Software. Some states do not allow limitations on certain implied
4103N/Awarranties, so the above may not apply to you. This limited warranty gives you
4103N/Aspecific legal rights. You may have others, which vary from state to state.
4103N/AUNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,
4103N/AREPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF
4103N/AMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE
4103N/ADISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY
4103N/ATO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE
4103N/ALIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT,
4103N/ACONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE
4103N/ATHEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE
4103N/ASOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no
4103N/Aevent will Sun's liability to you, whether in contract, tort (including
4103N/Anegligence), or otherwise, exceed the amount paid by you for Software under this
4103N/AAgreement. The foregoing limitations will apply even if the above stated
4103N/Awarranty fails of its essential purpose. Some states do not allow the exclusion
4103N/Aof incidental or consequential damages, so some of the terms above may not be
4103N/AAll Software, documents, technical data, and any other materials delivered under
4103N/Athis Agreement are subject to
U.S. export control laws and may be subject to
4103N/Aexport or import regulations in other countries. You agree to comply strictly
4103N/Awith these laws and regulations and acknowledge that you have the responsibility
4103N/Ato obtain any licenses to export, re-export, or import as may be required after
4103N/AIf Software is being acquired by or on behalf of the
U.S. Government or by a
4103N/AU.S. Government prime contractor or subcontractor (at any tier), then the
4103N/AGovernment's rights in Software and accompanying documentation will be only as
4103N/Aset forth in this Agreement; this is in accordance with 48 CFR 227.7201 through
4103N/A227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101
4103N/Aand 12.212 (for non-DOD acquisitions).
4103N/AAny action related to this Agreement will be governed by California law and
4103N/Acontrolling
U.S. federal law. No choice of law rules of any jurisdiction will
4103N/AIf any provision of this Agreement is held to be unenforceable, this Agreement
4103N/Awill remain in effect with the provision omitted, unless omission would
4103N/Afrustrate the intent of the parties, in which case this Agreement will
4103N/AThis Agreement is the entire agreement between you and Sun relating to its
4103N/Asubject matter. It supersedes all prior or contemporaneous oral or written
4103N/Acommunications, proposals, representations and warranties and prevails over any
4103N/Aconflicting or additional terms of any quote, order, acknowledgment, or other
4103N/Acommunication between the parties relating to its subject matter during the term
4103N/Aof this Agreement. No modification of this Agreement will be binding, unless in
4103N/Awriting and signed by an authorized representative of each party.
4103N/A--------------------------------------------------------------------
4103N/A * $Id: LICENSE,v 1.5 2006/01/03 21:55:06 bostic Exp $
4103N/AThe following is the license that applies to this copy of the Berkeley
4103N/ADB Java Edition software. For a license to use the Berkeley DB Java
4103N/AEdition software under conditions other than those described here, or
4103N/Ato purchase support for this software, please contact Sleepycat Software
4103N/A=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
4103N/A * Sleepycat Software. All rights reserved.
4103N/A * Redistribution and use in source and binary forms, with or without
4103N/A * modification, are permitted provided that the following conditions
4103N/A * 1. Redistributions of source code must retain the above copyright
4103N/A * notice, this list of conditions and the following disclaimer.
4103N/A * 2. Redistributions in binary form must reproduce the above copyright
4103N/A * notice, this list of conditions and the following disclaimer in the
4103N/A * documentation
and/or other materials provided with the distribution.
4103N/A * 3. Redistributions in any form must be accompanied by information on
4103N/A * how to obtain complete source code for the DB software and any
4103N/A * accompanying software that uses the DB software. The source code
4103N/A * must either be included in the distribution or be available for no
4103N/A * more than the cost of distribution plus a nominal fee, and must be
4103N/A * freely redistributable under reasonable conditions. For an
4103N/A * executable file, complete source code means the source code for all
4103N/A * modules it contains. It does not include source code for modules or
4103N/A * files that typically accompany the major components of the operating
4103N/A * system on which the executable file runs.
4103N/A * THIS SOFTWARE IS PROVIDED BY SLEEPYCAT SOFTWARE ``AS IS'' AND ANY EXPRESS
4103N/A * OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
4103N/A * WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
4103N/A * NON-INFRINGEMENT, ARE DISCLAIMED. IN NO EVENT SHALL SLEEPYCAT SOFTWARE
4103N/A * BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
4103N/A * CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
4103N/A * SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
4103N/A * INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
4103N/A * CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
4103N/A * ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF
4103N/A * THE POSSIBILITY OF SUCH DAMAGE.
4103N/A--------------------------------------------------------------------
4103N/ASun Microsystems, Inc. ("Sun") ENTITLEMENT for SOFTWARE
4103N/AEffective Date: Date of delivery of the Software to You.
4103N/ALicense Term: Perpetual (subject to termination under the SLA).
4103N/ALicensed Unit: Software Copy.
4103N/ALicensed unit Count: Unlimited.
4103N/A1. You may reproduce and use the Software for Individual, Commercial,
4103N/Aor Research and Instructional Use for the purposes of designing,
4103N/Adeveloping, testing, and running Your applets and
4103N/A2. Subject to the terms and conditions of this Agreement and
4103N/Arestrictions and exceptions set forth in the Software's documentation,
4103N/AYou may reproduce and distribute portions of Software identified as a
4103N/Aredistributable in the documentation ("Redistributable"), provided
4103N/A(a) you distribute Redistributable complete and unmodified and only
4103N/Abundled as part of Your Programs,
4103N/A(b) your Programs add significant and primary functionality to the
4103N/A(c) you distribute Redistributable for the sole purpose of running your
4103N/A(d) you do not distribute additional software intended to replace any
4103N/Acomponent(s) of the Redistributable,
4103N/A(e) you do not remove or alter any proprietary legends or notices
4103N/Acontained in or on the Redistributable.
4103N/A(f) you only distribute the Redistributable subject to a license
4103N/Aagreement that protects Sun's interests consistent with the terms
4103N/Acontained in this Agreement, and
4103N/A(g) you agree to defend and indemnify Sun and its licensors from and
4103N/Aagainst any damages, costs, liabilities, settlement amounts
and/or 4103N/Aexpenses (including attorneys' fees) incurred in connection with any
4103N/Aclaim, lawsuit or action by any third party that arises or results from
4103N/A3. Java Technology Restrictions. You may not create, modify, or change
4103N/Athe behavior of, or authorize your licensees to create, modify, or
4103N/Achange the behavior of, classes, interfaces, or subpackages that are in
4103N/Aany way identified as "java", "javax", "sun" or similar convention as
4103N/Aspecified by Sun in any naming convention designation.
4103N/AB. Sun Microsystems, Inc. ("Sun")
4103N/AREAD THE TERMS OF THIS AGREEMENT ("AGREEMENT") CAREFULLY BEFORE OPENING
4103N/ASOFTWARE MEDIA PACKAGE. BY OPENING SOFTWARE MEDIA PACKAGE, YOU AGREE TO
4103N/ATHE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING SOFTWARE
4103N/AELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING
4103N/ATHE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE
4103N/ATO ALL OF THE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE
4103N/AOF PURCHASE FOR A REFUND OR, IF SOFTWARE IS ACCESSED ELECTRONICALLY,
4103N/ASELECT THE "DECLINE" (OR "EXIT") BUTTON AT THE END OF THIS AGREEMENT.
4103N/AIF YOU HAVE SEPARATELY AGREED TO LICENSE TERMS ("MASTER TERMS") FOR
4103N/AYOUR LICENSE TO THIS SOFTWARE, THEN SECTIONS 1-5 OF THIS AGREEMENT
4103N/A("SUPPLEMENTAL LICENSE TERMS") SHALL SUPPLEMENT AND SUPERSEDE THE
4103N/AMASTER TERMS IN RELATION TO THIS SOFTWARE.
4103N/A(a) "Entitlement" means the collective set of applicable documents
4103N/Aauthorized by Sun evidencing your obligation to pay associated fees (if
4103N/Aany) for the license, associated Services, and the authorized scope of
4103N/Ause of Software under this Agreement.
4103N/A(b) "Licensed Unit" means the unit of measure by which your use of
4103N/ASoftware
and/or Service is licensed, as described in your Entitlement.
4103N/A(c) "Permitted Use" means the licensed Software use(s) authorized
4103N/Ain this Agreement as specified in your Entitlement. The Permitted Use
4103N/Afor any bundled Sun software not specified in your Entitlement will be
4103N/Aevaluation use as provided in Section 3.
4103N/A(d) "Service" means the service(s) that Sun or its delegate will
4103N/Aprovide, if any, as selected in your Entitlement and as further
4103N/Adescribed in the applicable service listings at
4103N/A(e) "Software" means the Sun software described in your
4103N/AEntitlement. Also, certain software may be included for evaluation use
4103N/A(f) "You" and "Your" means the individual or legal entity specified
4103N/Ain the Entitlement, or for evaluation purposes, the entity performing
4103N/A2. License Grant and Entitlement.
4103N/ASubject to the terms of your Entitlement, Sun grants you a
4103N/Anonexclusive, nontransferable limited license to use Software for its
4103N/APermitted Use for the license term. Your Entitlement will specify (a)
4103N/ASoftware licensed, (b) the Permitted Use, (c) the license term, and (d)
4103N/AAdditionally, if your Entitlement includes Services, then it will also
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4103N/AThe Entitlement may be delivered to you in various ways depending on
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4103N/Aformat if you download Software.
4103N/AAs selected in your Entitlement, one or more of the following Permitted
4103N/AUses will apply to your use of Software. Unless you have an Entitlement
4103N/Athat expressly permits it, you may not use Software for any of the
4103N/Aother Permitted Uses. If you don't have an Entitlement, or if your
4103N/AEntitlement doesn't cover additional software delivered to you, then
4103N/Asuch software is for your Evaluation Use.
4103N/A(a) Evaluation Use. You may evaluate Software internally for a period
4103N/Aof 90 days from your first use.
4103N/A(b) Research and Instructional Use. You may use Software internally to
4103N/Adesign, develop and test, and also to provide instruction on such
4103N/A(c) Individual Use. You may use Software internally for personal,
4103N/A(d) Commercial Use. You may use Software internally for your own
4103N/A(e) Service Provider Use. You may make Software functionality
4103N/Aaccessible (but not by providing Software itself or through outsourcing
4103N/Aservices) to your end users in an extranet deployment, but not to your
4103N/Aaffiliated companies or to government agencies.
4103N/AYour Permitted Use is limited to the number of Licensed Units stated in
4103N/Ayour Entitlement. If you require additional Licensed Units, you will
4103N/Aneed additional Entitlement(s).
4103N/A(a) The copies of Software provided to you under this Agreement are
4103N/Alicensed, not sold, to you by Sun. Sun reserves all rights not
4103N/Aexpressly granted. (b) You may make a single archival copy of Software,
4103N/Abut otherwise may not copy, modify, or distribute Software. However if
4103N/Athe Sun documentation accompanying Software lists specific portions of
4103N/ASoftware, such as header files, class libraries, reference source code,
4103N/Aand/or redistributable files, that may be handled differently, you may
4103N/Ado so only as provided in the Sun documentation. (c) You may not rent,
4103N/Alease, lend or encumber Software. (d) Unless enforcement is prohibited
4103N/Aby applicable law, you may not decompile, or reverse engineer Software.
4103N/A(e) The terms and conditions of this Agreement will apply to any
4103N/ASoftware updates, provided to you at Sun's discretion, that replace
4103N/Aand/or supplement the original Software, unless such update contains a
4103N/Aseparate license. (f) You may not publish or provide the results of any
4103N/Abenchmark or comparison tests run on Software to any third party
4103N/Awithout the prior written consent of Sun. (g) Software is confidential
4103N/Aand copyrighted. (h) Unless otherwise specified, if Software is
4103N/Adelivered with embedded or bundled software that enables functionality
4103N/Aof Software, you may not use such software on a stand-alone basis or
4103N/Ause any portion of such software to interoperate with any program(s)
4103N/Aother than Software. (i) Software may contain programs that perform
4103N/Aautomated collection of system data
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4103N/Aservices. System data collected through such programs may be used by
4103N/ASun, its subcontractors, and its service delivery partners for the
4103N/Apurpose of providing you with remote system services
and/or improving
4103N/ASun's software and systems. (j) Software is not designed, licensed or
4103N/Aintended for use in the design, construction, operation or maintenance
4103N/Aof any nuclear facility and Sun and its licensors disclaim any express
4103N/Aor implied warranty of fitness for such uses. (k) No right, title or
4103N/Ainterest in or to any trademark, service mark, logo or trade name of
4103N/ASun or its licensors is granted under this Agreement.
4103N/AThe license and service term are set forth in your Entitlement(s). Your
4103N/Arights under this Agreement will terminate immediately without notice
4103N/Afrom Sun if you materially breach it or take any action in derogation
4103N/Aof Sun's
and/or its licensors' rights to Software. Sun may terminate
4103N/Athis Agreement should any Software become, or in Sun's reasonable
4103N/Aopinion likely to become, the subject of a claim of intellectual
4103N/Aproperty infringement or trade secret misappropriation. Upon
4103N/Atermination, you will cease use of, and destroy, Software and confirm
4103N/Acompliance in writing to Sun. Sections 1, 5, 6, 7, and 9-15 will
4103N/Asurvive termination of the Agreement.
4103N/A7. Java Compatibility and Open Source.
4103N/ASoftware may contain Java technology. You may not create additional
4103N/Aclasses to, or modifications of, the Java technology, except under
4103N/Acompatibility requirements available under a separate agreement
4103N/ASun supports and benefits from the global community of open source
4103N/Adevelopers, and thanks the community for its important contributions
4103N/Aand open standards-based technology, which Sun has adopted into many of
4103N/APlease note that portions of Software may be provided with notices and
4103N/Aopen source licenses from such communities and third parties that
4103N/Agovern the use of those portions, and any licenses granted hereunder do
4103N/Anot alter any rights and obligations you may have under such open
4103N/Asource licenses, however, the disclaimer of warranty and limitation of
4103N/Aliability provisions in this Agreement will apply to all Software in
4103N/ASun warrants to you that for a period of 90 days from the date of
4103N/Apurchase, as evidenced by a copy of the receipt, the media on which
4103N/ASoftware is furnished (if any) will be free of defects in materials and
4103N/Aworkmanship under normal use. Except for the foregoing, Software is
4103N/Aprovided "AS IS". Your exclusive remedy and Sun's entire liability
4103N/Aunder this limited warranty will be at Sun's option to replace Software
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4103N/Alimitations on certain implied warranties, so the above may not apply
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4103N/ASPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES,
4103N/AHOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR
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4103N/ABEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun's
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4103N/Aotherwise, exceed the amount paid by you for Software under this
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4103N/AAll Software, documents, technical data, and any other materials
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4103N/A48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD)
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4103N/AThis Agreement, including any terms contained in your Entitlement, is
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4103N/APlease contact Sun Microsystems, Inc. 4150 Network Circle, Santa Clara,
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4103N/A--------------------------------------------------------------------
4103N/AA. Sun Microsystems, Inc. ("Sun") ENTITLEMENT for SOFTWARE
4103N/AEffective Date: Date of delivery of the Software to You.
4103N/ASoftware: JavaBeans Activation Framework 1.1.1.
4103N/ALicense Term: Perpetual (subject to termination under the SLA).
4103N/ALicensed Unit: Software Copy.
4103N/ALicensed unit Count: Unlimited.
4103N/A1. You may reproduce and use the Software for Individual, Commercial,
4103N/Aor Research and Instructional Use for the purposes of designing,
4103N/Adeveloping, testing, and running Your applets and
4103N/A2. Subject to the terms and conditions of this Agreement and
4103N/Arestrictions and exceptions set forth in the Software's documentation,
4103N/AYou may reproduce and distribute portions of Software identified as a
4103N/Aredistributable in the documentation ("Redistributable"), provided
4103N/A(a) you distribute Redistributable complete and unmodified and only
4103N/Abundled as part of Your Programs,
4103N/A(b) your Programs add significant and primary functionality to the
4103N/A(c) you distribute Redistributable for the sole purpose of running your
4103N/A(d) you do not distribute additional software intended to replace any
4103N/Acomponent(s) of the Redistributable,
4103N/A(e) you do not remove or alter any proprietary legends or notices
4103N/Acontained in or on the Redistributable.
4103N/A(f) you only distribute the Redistributable subject to a license
4103N/Aagreement that protects Sun's interests consistent with the terms
4103N/Acontained in this Agreement, and
4103N/A(g) you agree to defend and indemnify Sun and its licensors from and
4103N/Aagainst any damages, costs, liabilities, settlement amounts
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4103N/Achange the behavior of, classes, interfaces, or subpackages that are in
4103N/Aany way identified as "java", "javax", "sun" or similar convention as
4103N/Aspecified by Sun in any naming convention designation.
4103N/AB. Sun Microsystems, Inc. ("Sun")
4103N/AREAD THE TERMS OF THIS AGREEMENT ("AGREEMENT") CAREFULLY BEFORE OPENING
4103N/ASOFTWARE MEDIA PACKAGE. BY OPENING SOFTWARE MEDIA PACKAGE, YOU AGREE TO
4103N/ATHE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING SOFTWARE
4103N/AELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING
4103N/ATHE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE
4103N/ATO ALL OF THE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE
4103N/AOF PURCHASE FOR A REFUND OR, IF SOFTWARE IS ACCESSED ELECTRONICALLY,
4103N/ASELECT THE "DECLINE" (OR "EXIT") BUTTON AT THE END OF THIS AGREEMENT.
4103N/AIF YOU HAVE SEPARATELY AGREED TO LICENSE TERMS ("MASTER TERMS") FOR
4103N/AYOUR LICENSE TO THIS SOFTWARE, THEN SECTIONS 1-5 OF THIS AGREEMENT
4103N/A("SUPPLEMENTAL LICENSE TERMS") SHALL SUPPLEMENT AND SUPERSEDE THE
4103N/AMASTER TERMS IN RELATION TO THIS SOFTWARE.
4103N/A(a) "Entitlement" means the collective set of applicable documents
4103N/Aauthorized by Sun evidencing your obligation to pay associated fees (if
4103N/Aany) for the license, associated Services, and the authorized scope of
4103N/Ause of Software under this Agreement.
4103N/A(b) "Licensed Unit" means the unit of measure by which your use of
4103N/ASoftware
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4103N/A(c) "Permitted Use" means the licensed Software use(s) authorized
4103N/Ain this Agreement as specified in your Entitlement. The Permitted Use
4103N/Afor any bundled Sun software not specified in your Entitlement will be
4103N/Aevaluation use as provided in Section 3.
4103N/A(d) "Service" means the service(s) that Sun or its delegate will
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4103N/A(e) "Software" means the Sun software described in your
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4103N/A(f) "You" and "Your" means the individual or legal entity specified
4103N/Ain the Entitlement, or for evaluation purposes, the entity performing
4103N/A2. License Grant and Entitlement.
4103N/ASubject to the terms of your Entitlement, Sun grants you a
4103N/Anonexclusive, nontransferable limited license to use Software for its
4103N/APermitted Use for the license term. Your Entitlement will specify (a)
4103N/ASoftware licensed, (b) the Permitted Use, (c) the license term, and (d)
4103N/AAdditionally, if your Entitlement includes Services, then it will also
4103N/Aspecify the (e) Service and (f) service term.
4103N/AIf your rights to Software or Services are limited in duration and the
4103N/Adate such rights begin is other than the purchase date, your
4103N/AEntitlement will provide that beginning date(s).
4103N/AThe Entitlement may be delivered to you in various ways depending on
4103N/Athe manner in which you obtain Software and Services, for example, the
4103N/AEntitlement may be provided in your receipt, invoice or your contract
4103N/Awith Sun or authorized Sun reseller. It may also be in electronic
4103N/Aformat if you download Software.
4103N/AAs selected in your Entitlement, one or more of the following Permitted
4103N/AUses will apply to your use of Software. Unless you have an Entitlement
4103N/Athat expressly permits it, you may not use Software for any of the
4103N/Aother Permitted Uses. If you don't have an Entitlement, or if your
4103N/AEntitlement doesn't cover additional software delivered to you, then
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4103N/A(b) Research and Instructional Use. You may use Software internally to
4103N/Adesign, develop and test, and also to provide instruction on such
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4103N/Aaccessible (but not by providing Software itself or through outsourcing
4103N/Aservices) to your end users in an extranet deployment, but not to your
4103N/Aaffiliated companies or to government agencies.
4103N/AYour Permitted Use is limited to the number of Licensed Units stated in
4103N/Ayour Entitlement. If you require additional Licensed Units, you will
4103N/Aneed additional Entitlement(s).
4103N/A(a) The copies of Software provided to you under this Agreement are
4103N/Alicensed, not sold, to you by Sun. Sun reserves all rights not
4103N/Aexpressly granted. (b) You may make a single archival copy of Software,
4103N/Abut otherwise may not copy, modify, or distribute Software. However if
4103N/Athe Sun documentation accompanying Software lists specific portions of
4103N/ASoftware, such as header files, class libraries, reference source code,
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4103N/Ado so only as provided in the Sun documentation. (c) You may not rent,
4103N/Alease, lend or encumber Software. (d) Unless enforcement is prohibited
4103N/Aby applicable law, you may not decompile, or reverse engineer
4103N/ASoftware. (e) The terms and conditions of this Agreement will apply to
4103N/Aany Software updates, provided to you at Sun's discretion, that replace
4103N/Aand/or supplement the original Software, unless such update contains a
4103N/Aseparate license. (f) You may not publish or provide the results of any
4103N/Abenchmark or comparison tests run on Software to any third party
4103N/Awithout the prior written consent of Sun. (g) Software is confidential
4103N/Aand copyrighted. (h) Unless otherwise specified, if Software is
4103N/Adelivered with embedded or bundled software that enables functionality
4103N/Aof Software, you may not use such software on a stand-alone basis or
4103N/Ause any portion of such software to interoperate with any program(s)
4103N/Aother than Software. (i) Software may contain programs that perform
4103N/Aautomated collection of system data
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4103N/Aservices. System data collected through such programs may be used by
4103N/ASun, its subcontractors, and its service delivery partners for the
4103N/Apurpose of providing you with remote system services
and/or improving
4103N/ASun's software and systems. (j) Software is not designed, licensed or
4103N/Aintended for use in the design, construction, operation or maintenance
4103N/Aof any nuclear facility and Sun and its licensors disclaim any express
4103N/Aor implied warranty of fitness for such uses. (k) No right, title or
4103N/Ainterest in or to any trademark, service mark, logo or trade name of
4103N/ASun or its licensors is granted under this Agreement.
4103N/AThe license and service term are set forth in your Entitlement(s). Your
4103N/Arights under this Agreement will terminate immediately without notice
4103N/Afrom Sun if you materially breach it or take any action in derogation
4103N/Aof Sun's
and/or its licensors' rights to Software. Sun may terminate
4103N/Athis Agreement should any Software become, or in Sun's reasonable
4103N/Aopinion likely to become, the subject of a claim of intellectual
4103N/Aproperty infringement or trade secret misappropriation. Upon
4103N/Atermination, you will cease use of, and destroy, Software and confirm
4103N/Acompliance in writing to Sun. Sections 1, 5, 6, 7, and 9-15 will
4103N/Asurvive termination of the Agreement.
4103N/A7. Java Compatibility and Open Source.
4103N/ASoftware may contain Java technology. You may not create additional
4103N/Aclasses to, or modifications of, the Java technology, except under
4103N/Acompatibility requirements available under a separate agreement
4103N/ASun supports and benefits from the global community of open source
4103N/Adevelopers, and thanks the community for its important contributions
4103N/Aand open standards-based technology, which Sun has adopted into many of
4103N/APlease note that portions of Software may be provided with notices and
4103N/Aopen source licenses from such communities and third parties that
4103N/Agovern the use of those portions, and any licenses granted hereunder do
4103N/Anot alter any rights and obligations you may have under such open
4103N/Asource licenses, however, the disclaimer of warranty and limitation of
4103N/Aliability provisions in this Agreement will apply to all Software in
4103N/ASun warrants to you that for a period of 90 days from the date of
4103N/Apurchase, as evidenced by a copy of the receipt, the media on which
4103N/ASoftware is furnished (if any) will be free of defects in materials and
4103N/Aworkmanship under normal use. Except for the foregoing, Software is
4103N/Aprovided "AS IS". Your exclusive remedy and Sun's entire liability
4103N/Aunder this limited warranty will be at Sun's option to replace Software
4103N/Amedia or refund the fee paid for Software. Some states do not allow
4103N/Alimitations on certain implied warranties, so the above may not apply
4103N/Ato you. This limited warranty gives you specific legal rights. You may
4103N/Ahave others, which vary from state to state.
4103N/AUNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,
4103N/AREPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF
4103N/AMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT
4103N/AARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO
4103N/A10. Limitation of Liability.
4103N/ATO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS
4103N/ALICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR
4103N/ASPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES,
4103N/AHOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR
4103N/ARELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS
4103N/ABEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun's
4103N/Aliability to you, whether in contract, tort (including negligence), or
4103N/Aotherwise, exceed the amount paid by you for Software under this
4103N/AAgreement. The foregoing limitations will apply even if the above
4103N/Astated warranty fails of its essential purpose. Some states do not
4103N/Aallow the exclusion of incidental or consequential damages, so some of
4103N/Athe terms above may not be applicable to you.
4103N/AAll Software, documents, technical data, and any other materials
4103N/Adelivered under this Agreement are subject to
U.S. export control laws
4103N/Aand may be subject to export or import regulations in other countries.
4103N/AYou agree to comply strictly with these laws and regulations and
4103N/Aacknowledge that you have the responsibility to obtain any licenses to
4103N/Aexport, re-export, or import as may be required after delivery to you.
4103N/AIf Software is being acquired by or on behalf of the
U.S. Government or
4103N/Aby a
U.S. Government prime contractor or subcontractor (at any tier),
4103N/Athen the Government's rights in Software and accompanying documentation
4103N/Awill be only as set forth in this Agreement; this is in accordance with
4103N/A48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD)
4103N/Aacquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD
4103N/AAny action related to this Agreement will be governed by California law
4103N/Aand controlling
U.S. federal law. No choice of law rules of any
4103N/AIf any provision of this Agreement is held to be unenforceable, this
4103N/AAgreement will remain in effect with the provision omitted, unless
4103N/Aomission would frustrate the intent of the parties, in which case this
4103N/AAgreement will immediately terminate.
4103N/AThis Agreement, including any terms contained in your Entitlement, is
4103N/Athe entire agreement between you and Sun relating to its subject
4103N/Amatter. It supersedes all prior or contemporaneous oral or written
4103N/Acommunications, proposals, representations and warranties and prevails
4103N/Aover any conflicting or additional terms of any quote, order,
4103N/Aacknowledgment, or other communication between the parties relating to
4103N/Aits subject matter during the term of this Agreement. No modification
4103N/Aof this Agreement will be binding, unless in writing and signed by an
4103N/Aauthorized representative of each party.
4103N/APlease contact Sun Microsystems, Inc. 4150 Network Circle, Santa Clara,
4103N/ACalifornia 95054 if you have questions.