THIRDPARTYREADME.txt revision 4103
4103N/A/*-
4103N/A * $Id: LICENSE,v 1.5 2006/01/03 21:55:06 bostic Exp $
4103N/A */
4103N/A
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/Aby email at info@sleepycat.com, or on the Web at http://www.sleepycat.com.
4103N/A
4103N/A=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
4103N/A/*
4103N/A * Copyright (c) 2002-2006
4103N/A * Sleepycat Software. All rights reserved.
4103N/A *
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 * are met:
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 *
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/A
4103N/A
4103N/A=============================================================================
4103N/A
4103N/A
4103N/A
4103N/ASun Microsystems, Inc. ("Sun") ENTITLEMENT for SOFTWARE
4103N/A
4103N/ALicensee/Company: Entity receiving Software.
4103N/A
4103N/AEffective Date: Date of delivery of the Software to You.
4103N/A
4103N/ASoftware: JavaMail 1.4.1.
4103N/A
4103N/ALicense Term: Perpetual (subject to termination under the SLA).
4103N/A
4103N/ALicensed Unit: Software Copy.
4103N/A
4103N/ALicensed unit Count: Unlimited.
4103N/A
4103N/APermitted Uses:
4103N/A
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/Aapplication("Programs").
4103N/A
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/Athat:
4103N/A
4103N/A(a) you distribute Redistributable complete and unmodified and only
4103N/Abundled as part of Your Programs,
4103N/A
4103N/A(b) your Programs add significant and primary functionality to the
4103N/ARedistributable,
4103N/A
4103N/A(c) you distribute Redistributable for the sole purpose of running your
4103N/APrograms,
4103N/A
4103N/A(d) you do not distribute additional software intended to replace any
4103N/Acomponent(s) of the Redistributable,
4103N/A
4103N/A(e) you do not remove or alter any proprietary legends or notices
4103N/Acontained in or on the Redistributable.
4103N/A
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
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/Athe use or distribution of any and all Programs and/or
4103N/ARedistributable.
4103N/A
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/A
4103N/AB. Sun Microsystems, Inc. ("Sun")
4103N/ASOFTWARE LICENSE AGREEMENT
4103N/A
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
4103N/A1. Definitions.
4103N/A
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
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
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
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/Awww.sun.com/service/servicelist.
4103N/A
4103N/A(e) "Software" means the Sun software described in your
4103N/AEntitlement. Also, certain software may be included for evaluation use
4103N/Aunder Section 3.
4103N/A
4103N/A
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/Athe evaluation.
4103N/A
4103N/A2. License Grant and Entitlement.
4103N/A
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/Athe Licensed Units.
4103N/A
4103N/AAdditionally, if your Entitlement includes Services, then it will also
4103N/Aspecify the (e) Service and (f) service term.
4103N/A
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/A
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/A
4103N/A3. Permitted Use.
4103N/A
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
4103N/A(a) Evaluation Use. You may evaluate Software internally for a period
4103N/Aof 90 days from your first use.
4103N/A
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/Auses.
4103N/A
4103N/A(c) Individual Use. You may use Software internally for personal,
4103N/Aindividual use.
4103N/A
4103N/A(d) Commercial Use. You may use Software internally for your own
4103N/Acommercial purposes.
4103N/A
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/A
4103N/A4. Licensed Units.
4103N/A
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
4103N/A5. Restrictions.
4103N/A
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 and/or automated software updating
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/A
4103N/A6. Term and Termination.
4103N/A
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/A
4103N/A7. Java Compatibility and Open Source.
4103N/A
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/Aavailable at www.java.net.
4103N/A
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/Aits products.
4103N/A
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/Athis distribution.
4103N/A
4103N/A8. Limited Warranty.
4103N/A
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/A
4103N/A9. Disclaimer of Warranty.
4103N/A
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/ABE LEGALLY INVALID.
4103N/A
4103N/A10. Limitation of Liability.
4103N/A
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/A
4103N/A11. Export Regulations.
4103N/A
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/A
4103N/A12. U.S. Government Restricted Rights.
4103N/A
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/Aacquisitions).
4103N/A
4103N/A13. Governing Law.
4103N/A
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/Ajurisdiction will apply.
4103N/A
4103N/A14. Severability.
4103N/A
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/A
4103N/A15. Integration.
4103N/A
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/A
4103N/APlease contact Sun Microsystems, Inc. 4150 Network Circle, Santa Clara,
4103N/ACalifornia 95054 if you have questions.
4103N/A
4103N/A=============================================================================
4103N/A
4103N/A
4103N/A
4103N/AA. Sun Microsystems, Inc. ("Sun") ENTITLEMENT for SOFTWARE
4103N/A
4103N/ALicensee/Company: Entity receiving Software.
4103N/A
4103N/AEffective Date: Date of delivery of the Software to You.
4103N/A
4103N/ASoftware: JavaBeans Activation Framework 1.1.1.
4103N/A
4103N/ALicense Term: Perpetual (subject to termination under the SLA).
4103N/A
4103N/ALicensed Unit: Software Copy.
4103N/A
4103N/ALicensed unit Count: Unlimited.
4103N/A
4103N/APermitted Uses:
4103N/A
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/Aapplication("Programs").
4103N/A
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/Athat:
4103N/A
4103N/A(a) you distribute Redistributable complete and unmodified and only
4103N/Abundled as part of Your Programs,
4103N/A
4103N/A(b) your Programs add significant and primary functionality to the
4103N/ARedistributable,
4103N/A
4103N/A(c) you distribute Redistributable for the sole purpose of running your
4103N/APrograms,
4103N/A
4103N/A(d) you do not distribute additional software intended to replace any
4103N/Acomponent(s) of the Redistributable,
4103N/A
4103N/A(e) you do not remove or alter any proprietary legends or notices
4103N/Acontained in or on the Redistributable.
4103N/A
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
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/Athe use or distribution of any and all Programs and/or
4103N/ARedistributable.
4103N/A
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/A
4103N/AB. Sun Microsystems, Inc. ("Sun")
4103N/ASOFTWARE LICENSE AGREEMENT
4103N/A
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
4103N/A1. Definitions.
4103N/A
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
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
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
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/Awww.sun.com/service/servicelist.
4103N/A
4103N/A(e) "Software" means the Sun software described in your
4103N/AEntitlement. Also, certain software may be included for evaluation use
4103N/Aunder Section 3.
4103N/A
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/Athe evaluation.
4103N/A
4103N/A2. License Grant and Entitlement.
4103N/A
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/Athe Licensed Units.
4103N/A
4103N/AAdditionally, if your Entitlement includes Services, then it will also
4103N/Aspecify the (e) Service and (f) service term.
4103N/A
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/A
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/A
4103N/A3. Permitted Use.
4103N/A
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
4103N/A(a) Evaluation Use. You may evaluate Software internally for a period
4103N/Aof 90 days from your first use.
4103N/A
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/Auses.
4103N/A
4103N/A(c) Individual Use. You may use Software internally for personal,
4103N/Aindividual use.
4103N/A
4103N/A(d) Commercial Use. You may use Software internally for your own
4103N/Acommercial purposes.
4103N/A
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/A
4103N/A4. Licensed Units.
4103N/A
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
4103N/A5. Restrictions.
4103N/A
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
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 and/or automated software updating
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/A
4103N/A6. Term and Termination.
4103N/A
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/A
4103N/A7. Java Compatibility and Open Source.
4103N/A
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/Aavailable at www.java.net.
4103N/A
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/Aits products.
4103N/A
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/Athis distribution.
4103N/A
4103N/A8. Limited Warranty.
4103N/A
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/A
4103N/A9. Disclaimer of Warranty.
4103N/A
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/ABE LEGALLY INVALID.
4103N/A
4103N/A10. Limitation of Liability.
4103N/A
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/A
4103N/A11. Export Regulations.
4103N/A
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/A
4103N/A12. U.S. Government Restricted Rights.
4103N/A
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/Aacquisitions).
4103N/A
4103N/A13. Governing Law.
4103N/A
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/Ajurisdiction will apply.
4103N/A
4103N/A14. Severability.
4103N/A
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/A
4103N/A15. Integration.
4103N/A
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/A
4103N/APlease contact Sun Microsystems, Inc. 4150 Network Circle, Santa Clara,
4103N/ACalifornia 95054 if you have questions.