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THIRDPARTYREADME.txt revision 4103
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/*-
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* $Id: LICENSE,v 1.5 2006/01/03 21:55:06 bostic Exp $
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*/
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The
following
is
the
license
that
applies
to
this
copy
of
the
Berkeley
4103
N/A
DB
Java
Edition
software
.
For
a
license
to
use
the
Berkeley
DB
Java
4103
N/A
Edition
software
under
conditions
other
than
those
described
here
,
or
4103
N/A
to
purchase
support
for
this
software
,
please
contact
Sleepycat
Software
4103
N/A
by
email
at
info
@
sleepycat
.
com
,
or
on
the
Web
at
http
:
//www.sleepycat.com.
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=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
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/*
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* Copyright (c) 2002-2006
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* Sleepycat Software. All rights reserved.
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*
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* Redistribution and use in source and binary forms, with or without
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* modification, are permitted provided that the following conditions
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* are met:
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* 1. Redistributions of source code must retain the above copyright
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* notice, this list of conditions and the following disclaimer.
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N/A
* 2. Redistributions in binary form must reproduce the above copyright
4103
N/A
* notice, this list of conditions and the following disclaimer in the
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N/A
* documentation
and
/
or
other materials provided with the distribution.
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N/A
* 3. Redistributions in any form must be accompanied by information on
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N/A
* how to obtain complete source code for the DB software and any
4103
N/A
* accompanying software that uses the DB software. The source code
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N/A
* must either be included in the distribution or be available for no
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N/A
* more than the cost of distribution plus a nominal fee, and must be
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N/A
* freely redistributable under reasonable conditions. For an
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N/A
* executable file, complete source code means the source code for all
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N/A
* modules it contains. It does not include source code for modules or
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* files that typically accompany the major components of the operating
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* system on which the executable file runs.
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N/A
*
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* THIS SOFTWARE IS PROVIDED BY SLEEPYCAT SOFTWARE ``AS IS'' AND ANY EXPRESS
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* OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
4103
N/A
* WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
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* NON-INFRINGEMENT, ARE DISCLAIMED. IN NO EVENT SHALL SLEEPYCAT SOFTWARE
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* BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
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* CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
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N/A
* SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
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* INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
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* CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
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* ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF
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* THE POSSIBILITY OF SUCH DAMAGE.
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*/
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=============================================================================
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Sun
Microsystems
,
Inc
. (
"Sun"
)
ENTITLEMENT
for
SOFTWARE
4103
N/A
4103
N/A
Licensee
/
Company
:
Entity
receiving
Software
.
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N/A
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N/A
Effective
Date
:
Date
of
delivery
of
the
Software
to
You
.
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N/A
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N/A
Software
:
JavaMail
1.4
.
1
.
4103
N/A
4103
N/A
License
Term
:
Perpetual
(
subject
to
termination
under
the
SLA
).
4103
N/A
4103
N/A
Licensed
Unit
:
Software
Copy
.
4103
N/A
4103
N/A
Licensed
unit
Count
:
Unlimited
.
4103
N/A
4103
N/A
Permitted
Uses
:
4103
N/A
4103
N/A
1
.
You
may
reproduce
and
use
the
Software
for
Individual
,
Commercial
,
4103
N/A
or
Research
and
Instructional
Use
for
the
purposes
of
designing
,
4103
N/A
developing
,
testing
,
and
running
Your
applets
and
4103
N/A
application
(
"Programs"
).
4103
N/A
4103
N/A
2
.
Subject
to
the
terms
and
conditions
of
this
Agreement
and
4103
N/A
restrictions
and
exceptions
set
forth
in
the
Software
's documentation,
4103
N/A
You may reproduce and distribute portions of Software identified as a
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N/A
redistributable in the documentation ("Redistributable"), provided
4103
N/A
that:
4103
N/A
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(a) you distribute Redistributable complete and unmodified and only
4103
N/A
bundled as part of Your Programs,
4103
N/A
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N/A
(b) your Programs add significant and primary functionality to the
4103
N/A
Redistributable,
4103
N/A
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N/A
(c) you distribute Redistributable for the sole purpose of running your
4103
N/A
Programs,
4103
N/A
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N/A
(d) you do not distribute additional software intended to replace any
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N/A
component(s) of the Redistributable,
4103
N/A
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N/A
(e) you do not remove or alter any proprietary legends or notices
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N/A
contained in or on the Redistributable.
4103
N/A
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N/A
(f) you only distribute the Redistributable subject to a license
4103
N/A
agreement that protects Sun'
s
interests
consistent
with
the
terms
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N/A
contained
in
this
Agreement
,
and
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N/A
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(g)
you
agree
to
defend
and
indemnify
Sun
and
its
licensors
from
and
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N/A
against
any
damages
,
costs
,
liabilities
,
settlement
amounts
and
/
or
4103
N/A
expenses
(
including
attorneys
' fees) incurred in connection with any
4103
N/A
claim, lawsuit or action by any third party that arises or results from
4103
N/A
the use or distribution of any and all Programs
and
/
or
4103
N/A
Redistributable.
4103
N/A
4103
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3. Java Technology Restrictions. You may not create, modify, or change
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the behavior of, or authorize your licensees to create, modify, or
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change the behavior of, classes, interfaces, or subpackages that are in
4103
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any way identified as "java", "javax", "sun" or similar convention as
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specified by Sun in any naming convention designation.
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N/A
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B. Sun Microsystems, Inc. ("Sun")
4103
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SOFTWARE LICENSE AGREEMENT
4103
N/A
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READ THE TERMS OF THIS AGREEMENT ("AGREEMENT") CAREFULLY BEFORE OPENING
4103
N/A
SOFTWARE MEDIA PACKAGE. BY OPENING SOFTWARE MEDIA PACKAGE, YOU AGREE TO
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N/A
THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING SOFTWARE
4103
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ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING
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THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE
4103
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TO ALL OF THE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE
4103
N/A
OF PURCHASE FOR A REFUND OR, IF SOFTWARE IS ACCESSED ELECTRONICALLY,
4103
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SELECT THE "DECLINE" (OR "EXIT") BUTTON AT THE END OF THIS AGREEMENT.
4103
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IF YOU HAVE SEPARATELY AGREED TO LICENSE TERMS ("MASTER TERMS") FOR
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YOUR LICENSE TO THIS SOFTWARE, THEN SECTIONS 1-5 OF THIS AGREEMENT
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("SUPPLEMENTAL LICENSE TERMS") SHALL SUPPLEMENT AND SUPERSEDE THE
4103
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MASTER TERMS IN RELATION TO THIS SOFTWARE.
4103
N/A
4103
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1. Definitions.
4103
N/A
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(a) "Entitlement" means the collective set of applicable documents
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authorized by Sun evidencing your obligation to pay associated fees (if
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any) for the license, associated Services, and the authorized scope of
4103
N/A
use of Software under this Agreement.
4103
N/A
4103
N/A
(b) "Licensed Unit" means the unit of measure by which your use of
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N/A
Software
and
/
or
Service is licensed, as described in your Entitlement.
4103
N/A
4103
N/A
(c) "Permitted Use" means the licensed Software use(s) authorized
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in this Agreement as specified in your Entitlement. The Permitted Use
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for any bundled Sun software not specified in your Entitlement will be
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evaluation use as provided in Section 3.
4103
N/A
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(d) "Service" means the service(s) that Sun or its delegate will
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provide, if any, as selected in your Entitlement and as further
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described in the applicable service listings at
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www.sun.com
/
service
/
servicelist
.
4103
N/A
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(e) "Software" means the Sun software described in your
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Entitlement. Also, certain software may be included for evaluation use
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under Section 3.
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4103
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(f) "You" and "Your" means the individual or legal entity specified
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in the Entitlement, or for evaluation purposes, the entity performing
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the evaluation.
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2. License Grant and Entitlement.
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Subject to the terms of your Entitlement, Sun grants you a
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nonexclusive, nontransferable limited license to use Software for its
4103
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Permitted Use for the license term. Your Entitlement will specify (a)
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Software licensed, (b) the Permitted Use, (c) the license term, and (d)
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the Licensed Units.
4103
N/A
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Additionally, if your Entitlement includes Services, then it will also
4103
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specify the (e) Service and (f) service term.
4103
N/A
4103
N/A
If your rights to Software or Services are limited in duration and the
4103
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date such rights begin is other than the purchase date, your
4103
N/A
Entitlement will provide that beginning date(s).
4103
N/A
4103
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The Entitlement may be delivered to you in various ways depending on
4103
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the manner in which you obtain Software and Services, for example, the
4103
N/A
Entitlement may be provided in your receipt, invoice or your contract
4103
N/A
with Sun or authorized Sun reseller. It may also be in electronic
4103
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format if you download Software.
4103
N/A
4103
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3. Permitted Use.
4103
N/A
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As selected in your Entitlement, one or more of the following Permitted
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Uses will apply to your use of Software. Unless you have an Entitlement
4103
N/A
that expressly permits it, you may not use Software for any of the
4103
N/A
other Permitted Uses. If you don'
t
have
an
Entitlement
,
or
if
your
4103
N/A
Entitlement
doesn
't cover additional software delivered to you, then
4103
N/A
such software is for your Evaluation Use.
4103
N/A
4103
N/A
(a) Evaluation Use. You may evaluate Software internally for a period
4103
N/A
of 90 days from your first use.
4103
N/A
4103
N/A
(b) Research and Instructional Use. You may use Software internally to
4103
N/A
design, develop and test, and also to provide instruction on such
4103
N/A
uses.
4103
N/A
4103
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(c) Individual Use. You may use Software internally for personal,
4103
N/A
individual use.
4103
N/A
4103
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(d) Commercial Use. You may use Software internally for your own
4103
N/A
commercial purposes.
4103
N/A
4103
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(e) Service Provider Use. You may make Software functionality
4103
N/A
accessible (but not by providing Software itself or through outsourcing
4103
N/A
services) to your end users in an extranet deployment, but not to your
4103
N/A
affiliated companies or to government agencies.
4103
N/A
4103
N/A
4. Licensed Units.
4103
N/A
4103
N/A
Your Permitted Use is limited to the number of Licensed Units stated in
4103
N/A
your Entitlement. If you require additional Licensed Units, you will
4103
N/A
need additional Entitlement(s).
4103
N/A
4103
N/A
5. Restrictions.
4103
N/A
4103
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(a) The copies of Software provided to you under this Agreement are
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licensed, not sold, to you by Sun. Sun reserves all rights not
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N/A
expressly granted. (b) You may make a single archival copy of Software,
4103
N/A
but otherwise may not copy, modify, or distribute Software. However if
4103
N/A
the Sun documentation accompanying Software lists specific portions of
4103
N/A
Software, such as header files, class libraries, reference source code,
4103
N/A
and
/
or
redistributable files, that may be handled differently, you may
4103
N/A
do so only as provided in the Sun documentation. (c) You may not rent,
4103
N/A
lease, lend or encumber Software. (d) Unless enforcement is prohibited
4103
N/A
by applicable law, you may not decompile, or reverse engineer Software.
4103
N/A
(e) The terms and conditions of this Agreement will apply to any
4103
N/A
Software updates, provided to you at Sun'
s
discretion
,
that
replace
4103
N/A
and
/
or
supplement
the
original
Software
,
unless
such
update
contains
a
4103
N/A
separate
license
. (f)
You
may
not
publish
or
provide
the
results
of
any
4103
N/A
benchmark
or
comparison
tests
run
on
Software
to
any
third
party
4103
N/A
without
the
prior
written
consent
of
Sun
. (g)
Software
is
confidential
4103
N/A
and
copyrighted
. (h)
Unless
otherwise
specified
,
if
Software
is
4103
N/A
delivered
with
embedded
or
bundled
software
that
enables
functionality
4103
N/A
of
Software
,
you
may
not
use
such
software
on
a
stand
-
alone
basis
or
4103
N/A
use
any
portion
of
such
software
to
interoperate
with
any
program
(s)
4103
N/A
other
than
Software
. (i)
Software
may
contain
programs
that
perform
4103
N/A
automated
collection
of
system
data
and
/
or
automated
software
updating
4103
N/A
services
.
System
data
collected
through
such
programs
may
be
used
by
4103
N/A
Sun
,
its
subcontractors
,
and
its
service
delivery
partners
for
the
4103
N/A
purpose
of
providing
you
with
remote
system
services
and
/
or
improving
4103
N/A
Sun
's software and systems. (j) Software is not designed, licensed or
4103
N/A
intended for use in the design, construction, operation or maintenance
4103
N/A
of any nuclear facility and Sun and its licensors disclaim any express
4103
N/A
or implied warranty of fitness for such uses. (k) No right, title or
4103
N/A
interest in or to any trademark, service mark, logo or trade name of
4103
N/A
Sun or its licensors is granted under this Agreement.
4103
N/A
4103
N/A
6. Term and Termination.
4103
N/A
4103
N/A
The license and service term are set forth in your Entitlement(s). Your
4103
N/A
rights under this Agreement will terminate immediately without notice
4103
N/A
from Sun if you materially breach it or take any action in derogation
4103
N/A
of Sun'
s
and
/
or
its
licensors
' rights to Software. Sun may terminate
4103
N/A
this Agreement should any Software become, or in Sun'
s
reasonable
4103
N/A
opinion
likely
to
become
,
the
subject
of
a
claim
of
intellectual
4103
N/A
property
infringement
or
trade
secret
misappropriation
.
Upon
4103
N/A
termination
,
you
will
cease
use
of
,
and
destroy
,
Software
and
confirm
4103
N/A
compliance
in
writing
to
Sun
.
Sections
1
,
5
,
6
,
7
,
and
9
-
15
will
4103
N/A
survive
termination
of
the
Agreement
.
4103
N/A
4103
N/A
7
.
Java
Compatibility
and
Open
Source
.
4103
N/A
4103
N/A
Software
may
contain
Java
technology
.
You
may
not
create
additional
4103
N/A
classes
to
,
or
modifications
of
,
the
Java
technology
,
except
under
4103
N/A
compatibility
requirements
available
under
a
separate
agreement
4103
N/A
available
at
www
.
java
.
net
.
4103
N/A
4103
N/A
Sun
supports
and
benefits
from
the
global
community
of
open
source
4103
N/A
developers
,
and
thanks
the
community
for
its
important
contributions
4103
N/A
and
open
standards
-
based
technology
,
which
Sun
has
adopted
into
many
of
4103
N/A
its
products
.
4103
N/A
4103
N/A
Please
note
that
portions
of
Software
may
be
provided
with
notices
and
4103
N/A
open
source
licenses
from
such
communities
and
third
parties
that
4103
N/A
govern
the
use
of
those
portions
,
and
any
licenses
granted
hereunder
do
4103
N/A
not
alter
any
rights
and
obligations
you
may
have
under
such
open
4103
N/A
source
licenses
,
however
,
the
disclaimer
of
warranty
and
limitation
of
4103
N/A
liability
provisions
in
this
Agreement
will
apply
to
all
Software
in
4103
N/A
this
distribution
.
4103
N/A
4103
N/A
8
.
Limited
Warranty
.
4103
N/A
4103
N/A
Sun
warrants
to
you
that
for
a
period
of
90
days
from
the
date
of
4103
N/A
purchase
,
as
evidenced
by
a
copy
of
the
receipt
,
the
media
on
which
4103
N/A
Software
is
furnished
(
if
any
)
will
be
free
of
defects
in
materials
and
4103
N/A
workmanship
under
normal
use
.
Except
for
the
foregoing
,
Software
is
4103
N/A
provided
"AS IS"
.
Your
exclusive
remedy
and
Sun
's entire liability
4103
N/A
under this limited warranty will be at Sun'
s
option
to
replace
Software
4103
N/A
media
or
refund
the
fee
paid
for
Software
.
Some
states
do
not
allow
4103
N/A
limitations
on
certain
implied
warranties
,
so
the
above
may
not
apply
4103
N/A
to
you
.
This
limited
warranty
gives
you
specific
legal
rights
.
You
may
4103
N/A
have
others
,
which
vary
from
state
to
state
.
4103
N/A
4103
N/A
9
.
Disclaimer
of
Warranty
.
4103
N/A
4103
N/A
UNLESS
SPECIFIED
IN
THIS
AGREEMENT
,
ALL
EXPRESS
OR
IMPLIED
CONDITIONS
,
4103
N/A
REPRESENTATIONS
AND
WARRANTIES
,
INCLUDING
ANY
IMPLIED
WARRANTY
OF
4103
N/A
MERCHANTABILITY
,
FITNESS
FOR
A
PARTICULAR
PURPOSE
OR
NON
-
INFRINGEMENT
4103
N/A
ARE
DISCLAIMED
,
EXCEPT
TO
THE
EXTENT
THAT
THESE
DISCLAIMERS
ARE
HELD
TO
4103
N/A
BE
LEGALLY
INVALID
.
4103
N/A
4103
N/A
10
.
Limitation
of
Liability
.
4103
N/A
4103
N/A
TO
THE
EXTENT
NOT
PROHIBITED
BY
LAW
,
IN
NO
EVENT
WILL
SUN
OR
ITS
4103
N/A
LICENSORS
BE
LIABLE
FOR
ANY
LOST
REVENUE
,
PROFIT
OR
DATA
,
OR
FOR
4103
N/A
SPECIAL
,
INDIRECT
,
CONSEQUENTIAL
,
INCIDENTAL
OR
PUNITIVE
DAMAGES
,
4103
N/A
HOWEVER
CAUSED
REGARDLESS
OF
THE
THEORY
OF
LIABILITY
,
ARISING
OUT
OF
OR
4103
N/A
RELATED
TO
THE
USE
OF
OR
INABILITY
TO
USE
SOFTWARE
,
EVEN
IF
SUN
HAS
4103
N/A
BEEN
ADVISED
OF
THE
POSSIBILITY
OF
SUCH
DAMAGES
.
In
no
event
will
Sun
's
4103
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liability to you, whether in contract, tort (including negligence), or
4103
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otherwise, exceed the amount paid by you for Software under this
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Agreement. The foregoing limitations will apply even if the above
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stated warranty fails of its essential purpose. Some states do not
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allow the exclusion of incidental or consequential damages, so some of
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the terms above may not be applicable to you.
4103
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11. Export Regulations.
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All Software, documents, technical data, and any other materials
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delivered under this Agreement are subject to U.S. export control laws
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and may be subject to export or import regulations in other countries.
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You agree to comply strictly with these laws and regulations and
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acknowledge that you have the responsibility to obtain any licenses to
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export, re-export, or import as may be required after delivery to you.
4103
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4103
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12. U.S. Government Restricted Rights.
4103
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4103
N/A
If Software is being acquired by or on behalf of the U.S. Government or
4103
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by a U.S. Government prime contractor or subcontractor (at any tier),
4103
N/A
then the Government'
s
rights
in
Software
and
accompanying
documentation
4103
N/A
will
be
only
as
set
forth
in
this
Agreement
;
this
is
in
accordance
with
4103
N/A
48
CFR
227.7201
through
227.7202
-
4
(
for
Department
of
Defense
(
DOD
)
4103
N/A
acquisitions
)
and
with
48
CFR
2.101
and
12.212
(
for
non
-
DOD
4103
N/A
acquisitions
).
4103
N/A
4103
N/A
13
.
Governing
Law
.
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N/A
4103
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Any
action
related
to
this
Agreement
will
be
governed
by
California
law
4103
N/A
and
controlling
U.S.
federal
law
.
No
choice
of
law
rules
of
any
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jurisdiction
will
apply
.
4103
N/A
4103
N/A
14
.
Severability
.
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N/A
4103
N/A
If
any
provision
of
this
Agreement
is
held
to
be
unenforceable
,
this
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N/A
Agreement
will
remain
in
effect
with
the
provision
omitted
,
unless
4103
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omission
would
frustrate
the
intent
of
the
parties
,
in
which
case
this
4103
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Agreement
will
immediately
terminate
.
4103
N/A
4103
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15
.
Integration
.
4103
N/A
4103
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This
Agreement
,
including
any
terms
contained
in
your
Entitlement
,
is
4103
N/A
the
entire
agreement
between
you
and
Sun
relating
to
its
subject
4103
N/A
matter
.
It
supersedes
all
prior
or
contemporaneous
oral
or
written
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N/A
communications
,
proposals
,
representations
and
warranties
and
prevails
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N/A
over
any
conflicting
or
additional
terms
of
any
quote
,
order
,
4103
N/A
acknowledgment
,
or
other
communication
between
the
parties
relating
to
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its
subject
matter
during
the
term
of
this
Agreement
.
No
modification
4103
N/A
of
this
Agreement
will
be
binding
,
unless
in
writing
and
signed
by
an
4103
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authorized
representative
of
each
party
.
4103
N/A
4103
N/A
Please
contact
Sun
Microsystems
,
Inc
.
4150
Network
Circle
,
Santa
Clara
,
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California
95054
if
you
have
questions
.
4103
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4103
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=============================================================================
4103
N/A
4103
N/A
4103
N/A
4103
N/A
A.
Sun
Microsystems
,
Inc
. (
"Sun"
)
ENTITLEMENT
for
SOFTWARE
4103
N/A
4103
N/A
Licensee
/
Company
:
Entity
receiving
Software
.
4103
N/A
4103
N/A
Effective
Date
:
Date
of
delivery
of
the
Software
to
You
.
4103
N/A
4103
N/A
Software
:
JavaBeans
Activation
Framework
1.1
.
1
.
4103
N/A
4103
N/A
License
Term
:
Perpetual
(
subject
to
termination
under
the
SLA
).
4103
N/A
4103
N/A
Licensed
Unit
:
Software
Copy
.
4103
N/A
4103
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Licensed
unit
Count
:
Unlimited
.
4103
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4103
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Permitted
Uses
:
4103
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4103
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1
.
You
may
reproduce
and
use
the
Software
for
Individual
,
Commercial
,
4103
N/A
or
Research
and
Instructional
Use
for
the
purposes
of
designing
,
4103
N/A
developing
,
testing
,
and
running
Your
applets
and
4103
N/A
application
(
"Programs"
).
4103
N/A
4103
N/A
2
.
Subject
to
the
terms
and
conditions
of
this
Agreement
and
4103
N/A
restrictions
and
exceptions
set
forth
in
the
Software
's documentation,
4103
N/A
You may reproduce and distribute portions of Software identified as a
4103
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redistributable in the documentation ("Redistributable"), provided
4103
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that:
4103
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4103
N/A
(a) you distribute Redistributable complete and unmodified and only
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bundled as part of Your Programs,
4103
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4103
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(b) your Programs add significant and primary functionality to the
4103
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Redistributable,
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4103
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(c) you distribute Redistributable for the sole purpose of running your
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Programs,
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4103
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(d) you do not distribute additional software intended to replace any
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component(s) of the Redistributable,
4103
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(e) you do not remove or alter any proprietary legends or notices
4103
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contained in or on the Redistributable.
4103
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4103
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(f) you only distribute the Redistributable subject to a license
4103
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agreement that protects Sun'
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interests
consistent
with
the
terms
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contained
in
this
Agreement
,
and
4103
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4103
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(g)
you
agree
to
defend
and
indemnify
Sun
and
its
licensors
from
and
4103
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against
any
damages
,
costs
,
liabilities
,
settlement
amounts
and
/
or
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expenses
(
including
attorneys
' fees) incurred in connection with any
4103
N/A
claim, lawsuit or action by any third party that arises or results from
4103
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the use or distribution of any and all Programs
and
/
or
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Redistributable.
4103
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4103
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3. Java Technology Restrictions. You may not create, modify, or change
4103
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the behavior of, or authorize your licensees to create, modify, or
4103
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change the behavior of, classes, interfaces, or subpackages that are in
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any way identified as "java", "javax", "sun" or similar convention as
4103
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specified by Sun in any naming convention designation.
4103
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4103
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B. Sun Microsystems, Inc. ("Sun")
4103
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SOFTWARE LICENSE AGREEMENT
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READ THE TERMS OF THIS AGREEMENT ("AGREEMENT") CAREFULLY BEFORE OPENING
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SOFTWARE MEDIA PACKAGE. BY OPENING SOFTWARE MEDIA PACKAGE, YOU AGREE TO
4103
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THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING SOFTWARE
4103
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ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING
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THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE
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TO ALL OF THE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE
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OF PURCHASE FOR A REFUND OR, IF SOFTWARE IS ACCESSED ELECTRONICALLY,
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SELECT THE "DECLINE" (OR "EXIT") BUTTON AT THE END OF THIS AGREEMENT.
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IF YOU HAVE SEPARATELY AGREED TO LICENSE TERMS ("MASTER TERMS") FOR
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YOUR LICENSE TO THIS SOFTWARE, THEN SECTIONS 1-5 OF THIS AGREEMENT
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("SUPPLEMENTAL LICENSE TERMS") SHALL SUPPLEMENT AND SUPERSEDE THE
4103
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MASTER TERMS IN RELATION TO THIS SOFTWARE.
4103
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4103
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1. Definitions.
4103
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4103
N/A
(a) "Entitlement" means the collective set of applicable documents
4103
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authorized by Sun evidencing your obligation to pay associated fees (if
4103
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any) for the license, associated Services, and the authorized scope of
4103
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use of Software under this Agreement.
4103
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4103
N/A
(b) "Licensed Unit" means the unit of measure by which your use of
4103
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Software
and
/
or
Service is licensed, as described in your Entitlement.
4103
N/A
4103
N/A
(c) "Permitted Use" means the licensed Software use(s) authorized
4103
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in this Agreement as specified in your Entitlement. The Permitted Use
4103
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for any bundled Sun software not specified in your Entitlement will be
4103
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evaluation use as provided in Section 3.
4103
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4103
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(d) "Service" means the service(s) that Sun or its delegate will
4103
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provide, if any, as selected in your Entitlement and as further
4103
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described in the applicable service listings at
4103
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www.sun.com
/
service
/
servicelist
.
4103
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4103
N/A
(e) "Software" means the Sun software described in your
4103
N/A
Entitlement. Also, certain software may be included for evaluation use
4103
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under Section 3.
4103
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4103
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(f) "You" and "Your" means the individual or legal entity specified
4103
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in the Entitlement, or for evaluation purposes, the entity performing
4103
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4103
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4103
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2. License Grant and Entitlement.
4103
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4103
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Subject to the terms of your Entitlement, Sun grants you a
4103
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nonexclusive, nontransferable limited license to use Software for its
4103
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Permitted Use for the license term. Your Entitlement will specify (a)
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Software licensed, (b) the Permitted Use, (c) the license term, and (d)
4103
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the Licensed Units.
4103
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4103
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Additionally, if your Entitlement includes Services, then it will also
4103
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specify the (e) Service and (f) service term.
4103
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4103
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If your rights to Software or Services are limited in duration and the
4103
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date such rights begin is other than the purchase date, your
4103
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Entitlement will provide that beginning date(s).
4103
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4103
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The Entitlement may be delivered to you in various ways depending on
4103
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the manner in which you obtain Software and Services, for example, the
4103
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Entitlement may be provided in your receipt, invoice or your contract
4103
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with Sun or authorized Sun reseller. It may also be in electronic
4103
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format if you download Software.
4103
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4103
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3. Permitted Use.
4103
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4103
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As selected in your Entitlement, one or more of the following Permitted
4103
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Uses will apply to your use of Software. Unless you have an Entitlement
4103
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that expressly permits it, you may not use Software for any of the
4103
N/A
other Permitted Uses. If you don'
t
have
an
Entitlement
,
or
if
your
4103
N/A
Entitlement
doesn
't cover additional software delivered to you, then
4103
N/A
such software is for your Evaluation Use.
4103
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4103
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(a) Evaluation Use. You may evaluate Software internally for a period
4103
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of 90 days from your first use.
4103
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4103
N/A
(b) Research and Instructional Use. You may use Software internally to
4103
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design, develop and test, and also to provide instruction on such
4103
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uses.
4103
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4103
N/A
(c) Individual Use. You may use Software internally for personal,
4103
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individual use.
4103
N/A
4103
N/A
(d) Commercial Use. You may use Software internally for your own
4103
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commercial purposes.
4103
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4103
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(e) Service Provider Use. You may make Software functionality
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accessible (but not by providing Software itself or through outsourcing
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services) to your end users in an extranet deployment, but not to your
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affiliated companies or to government agencies.
4103
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4. Licensed Units.
4103
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Your Permitted Use is limited to the number of Licensed Units stated in
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your Entitlement. If you require additional Licensed Units, you will
4103
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need additional Entitlement(s).
4103
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4103
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5. Restrictions.
4103
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4103
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(a) The copies of Software provided to you under this Agreement are
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licensed, not sold, to you by Sun. Sun reserves all rights not
4103
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expressly granted. (b) You may make a single archival copy of Software,
4103
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but otherwise may not copy, modify, or distribute Software. However if
4103
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the Sun documentation accompanying Software lists specific portions of
4103
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Software, such as header files, class libraries, reference source code,
4103
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and
/
or
redistributable files, that may be handled differently, you may
4103
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do so only as provided in the Sun documentation. (c) You may not rent,
4103
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lease, lend or encumber Software. (d) Unless enforcement is prohibited
4103
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by applicable law, you may not decompile, or reverse engineer
4103
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Software. (e) The terms and conditions of this Agreement will apply to
4103
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any Software updates, provided to you at Sun'
s
discretion
,
that
replace
4103
N/A
and
/
or
supplement
the
original
Software
,
unless
such
update
contains
a
4103
N/A
separate
license
. (f)
You
may
not
publish
or
provide
the
results
of
any
4103
N/A
benchmark
or
comparison
tests
run
on
Software
to
any
third
party
4103
N/A
without
the
prior
written
consent
of
Sun
. (g)
Software
is
confidential
4103
N/A
and
copyrighted
. (h)
Unless
otherwise
specified
,
if
Software
is
4103
N/A
delivered
with
embedded
or
bundled
software
that
enables
functionality
4103
N/A
of
Software
,
you
may
not
use
such
software
on
a
stand
-
alone
basis
or
4103
N/A
use
any
portion
of
such
software
to
interoperate
with
any
program
(s)
4103
N/A
other
than
Software
. (i)
Software
may
contain
programs
that
perform
4103
N/A
automated
collection
of
system
data
and
/
or
automated
software
updating
4103
N/A
services
.
System
data
collected
through
such
programs
may
be
used
by
4103
N/A
Sun
,
its
subcontractors
,
and
its
service
delivery
partners
for
the
4103
N/A
purpose
of
providing
you
with
remote
system
services
and
/
or
improving
4103
N/A
Sun
's software and systems. (j) Software is not designed, licensed or
4103
N/A
intended for use in the design, construction, operation or maintenance
4103
N/A
of any nuclear facility and Sun and its licensors disclaim any express
4103
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or implied warranty of fitness for such uses. (k) No right, title or
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interest in or to any trademark, service mark, logo or trade name of
4103
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Sun or its licensors is granted under this Agreement.
4103
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4103
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6. Term and Termination.
4103
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4103
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The license and service term are set forth in your Entitlement(s). Your
4103
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rights under this Agreement will terminate immediately without notice
4103
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from Sun if you materially breach it or take any action in derogation
4103
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of Sun'
s
and
/
or
its
licensors
' rights to Software. Sun may terminate
4103
N/A
this Agreement should any Software become, or in Sun'
s
reasonable
4103
N/A
opinion
likely
to
become
,
the
subject
of
a
claim
of
intellectual
4103
N/A
property
infringement
or
trade
secret
misappropriation
.
Upon
4103
N/A
termination
,
you
will
cease
use
of
,
and
destroy
,
Software
and
confirm
4103
N/A
compliance
in
writing
to
Sun
.
Sections
1
,
5
,
6
,
7
,
and
9
-
15
will
4103
N/A
survive
termination
of
the
Agreement
.
4103
N/A
4103
N/A
7
.
Java
Compatibility
and
Open
Source
.
4103
N/A
4103
N/A
Software
may
contain
Java
technology
.
You
may
not
create
additional
4103
N/A
classes
to
,
or
modifications
of
,
the
Java
technology
,
except
under
4103
N/A
compatibility
requirements
available
under
a
separate
agreement
4103
N/A
available
at
www
.
java
.
net
.
4103
N/A
4103
N/A
Sun
supports
and
benefits
from
the
global
community
of
open
source
4103
N/A
developers
,
and
thanks
the
community
for
its
important
contributions
4103
N/A
and
open
standards
-
based
technology
,
which
Sun
has
adopted
into
many
of
4103
N/A
its
products
.
4103
N/A
4103
N/A
Please
note
that
portions
of
Software
may
be
provided
with
notices
and
4103
N/A
open
source
licenses
from
such
communities
and
third
parties
that
4103
N/A
govern
the
use
of
those
portions
,
and
any
licenses
granted
hereunder
do
4103
N/A
not
alter
any
rights
and
obligations
you
may
have
under
such
open
4103
N/A
source
licenses
,
however
,
the
disclaimer
of
warranty
and
limitation
of
4103
N/A
liability
provisions
in
this
Agreement
will
apply
to
all
Software
in
4103
N/A
this
distribution
.
4103
N/A
4103
N/A
8
.
Limited
Warranty
.
4103
N/A
4103
N/A
Sun
warrants
to
you
that
for
a
period
of
90
days
from
the
date
of
4103
N/A
purchase
,
as
evidenced
by
a
copy
of
the
receipt
,
the
media
on
which
4103
N/A
Software
is
furnished
(
if
any
)
will
be
free
of
defects
in
materials
and
4103
N/A
workmanship
under
normal
use
.
Except
for
the
foregoing
,
Software
is
4103
N/A
provided
"AS IS"
.
Your
exclusive
remedy
and
Sun
's entire liability
4103
N/A
under this limited warranty will be at Sun'
s
option
to
replace
Software
4103
N/A
media
or
refund
the
fee
paid
for
Software
.
Some
states
do
not
allow
4103
N/A
limitations
on
certain
implied
warranties
,
so
the
above
may
not
apply
4103
N/A
to
you
.
This
limited
warranty
gives
you
specific
legal
rights
.
You
may
4103
N/A
have
others
,
which
vary
from
state
to
state
.
4103
N/A
4103
N/A
9
.
Disclaimer
of
Warranty
.
4103
N/A
4103
N/A
UNLESS
SPECIFIED
IN
THIS
AGREEMENT
,
ALL
EXPRESS
OR
IMPLIED
CONDITIONS
,
4103
N/A
REPRESENTATIONS
AND
WARRANTIES
,
INCLUDING
ANY
IMPLIED
WARRANTY
OF
4103
N/A
MERCHANTABILITY
,
FITNESS
FOR
A
PARTICULAR
PURPOSE
OR
NON
-
INFRINGEMENT
4103
N/A
ARE
DISCLAIMED
,
EXCEPT
TO
THE
EXTENT
THAT
THESE
DISCLAIMERS
ARE
HELD
TO
4103
N/A
BE
LEGALLY
INVALID
.
4103
N/A
4103
N/A
10
.
Limitation
of
Liability
.
4103
N/A
4103
N/A
TO
THE
EXTENT
NOT
PROHIBITED
BY
LAW
,
IN
NO
EVENT
WILL
SUN
OR
ITS
4103
N/A
LICENSORS
BE
LIABLE
FOR
ANY
LOST
REVENUE
,
PROFIT
OR
DATA
,
OR
FOR
4103
N/A
SPECIAL
,
INDIRECT
,
CONSEQUENTIAL
,
INCIDENTAL
OR
PUNITIVE
DAMAGES
,
4103
N/A
HOWEVER
CAUSED
REGARDLESS
OF
THE
THEORY
OF
LIABILITY
,
ARISING
OUT
OF
OR
4103
N/A
RELATED
TO
THE
USE
OF
OR
INABILITY
TO
USE
SOFTWARE
,
EVEN
IF
SUN
HAS
4103
N/A
BEEN
ADVISED
OF
THE
POSSIBILITY
OF
SUCH
DAMAGES
.
In
no
event
will
Sun
's
4103
N/A
liability to you, whether in contract, tort (including negligence), or
4103
N/A
otherwise, exceed the amount paid by you for Software under this
4103
N/A
Agreement. The foregoing limitations will apply even if the above
4103
N/A
stated warranty fails of its essential purpose. Some states do not
4103
N/A
allow the exclusion of incidental or consequential damages, so some of
4103
N/A
the terms above may not be applicable to you.
4103
N/A
4103
N/A
11. Export Regulations.
4103
N/A
4103
N/A
All Software, documents, technical data, and any other materials
4103
N/A
delivered under this Agreement are subject to U.S. export control laws
4103
N/A
and may be subject to export or import regulations in other countries.
4103
N/A
You agree to comply strictly with these laws and regulations and
4103
N/A
acknowledge that you have the responsibility to obtain any licenses to
4103
N/A
export, re-export, or import as may be required after delivery to you.
4103
N/A
4103
N/A
12. U.S. Government Restricted Rights.
4103
N/A
4103
N/A
If Software is being acquired by or on behalf of the U.S. Government or
4103
N/A
by a U.S. Government prime contractor or subcontractor (at any tier),
4103
N/A
then the Government'
s
rights
in
Software
and
accompanying
documentation
4103
N/A
will
be
only
as
set
forth
in
this
Agreement
;
this
is
in
accordance
with
4103
N/A
48
CFR
227.7201
through
227.7202
-
4
(
for
Department
of
Defense
(
DOD
)
4103
N/A
acquisitions
)
and
with
48
CFR
2.101
and
12.212
(
for
non
-
DOD
4103
N/A
acquisitions
).
4103
N/A
4103
N/A
13
.
Governing
Law
.
4103
N/A
4103
N/A
Any
action
related
to
this
Agreement
will
be
governed
by
California
law
4103
N/A
and
controlling
U.S.
federal
law
.
No
choice
of
law
rules
of
any
4103
N/A
jurisdiction
will
apply
.
4103
N/A
4103
N/A
14
.
Severability
.
4103
N/A
4103
N/A
If
any
provision
of
this
Agreement
is
held
to
be
unenforceable
,
this
4103
N/A
Agreement
will
remain
in
effect
with
the
provision
omitted
,
unless
4103
N/A
omission
would
frustrate
the
intent
of
the
parties
,
in
which
case
this
4103
N/A
Agreement
will
immediately
terminate
.
4103
N/A
4103
N/A
15
.
Integration
.
4103
N/A
4103
N/A
This
Agreement
,
including
any
terms
contained
in
your
Entitlement
,
is
4103
N/A
the
entire
agreement
between
you
and
Sun
relating
to
its
subject
4103
N/A
matter
.
It
supersedes
all
prior
or
contemporaneous
oral
or
written
4103
N/A
communications
,
proposals
,
representations
and
warranties
and
prevails
4103
N/A
over
any
conflicting
or
additional
terms
of
any
quote
,
order
,
4103
N/A
acknowledgment
,
or
other
communication
between
the
parties
relating
to
4103
N/A
its
subject
matter
during
the
term
of
this
Agreement
.
No
modification
4103
N/A
of
this
Agreement
will
be
binding
,
unless
in
writing
and
signed
by
an
4103
N/A
authorized
representative
of
each
party
.
4103
N/A
4103
N/A
Please
contact
Sun
Microsystems
,
Inc
.
4150
Network
Circle
,
Santa
Clara
,
4103
N/A
California
95054
if
you
have
questions
.