5307N/AThe contents of this file are subject to the terms of the
5307N/ACommon Development and Distribution License, Version 1.0 only
5307N/A(the "License"). You may not use this file except in compliance
5307N/AYou can obtain a copy of the license at
5307N/ASee the License for the specific language governing permissions
5307N/Aand limitations under the License.
5307N/AWhen distributing Covered Code, include this CDDL HEADER in each
5307N/Afile and include the License file at
5307N/Aadd the following below this CDDL HEADER, with the fields enclosed
5307N/Aby brackets "[]" replaced with your own identifying information:
5307N/A Portions Copyright [yyyy] [name of copyright owner]
5307N/A Copyright 2009-2010 Sun Microsystems, Inc.
5758N/A Portions Copyright 2010-2012 ForgeRock AS
5307N/A--------------------------------------------------------------------
5307N/AUnless otherwise noted, all files in this distribution are released
5307N/Aunder the Common Development and Distribution License (CDDL).
5307N/AExceptions are noted within the associated source files.
5307N/A--------------------------------------------------------------------
5307N/ACOMMON DEVELOPMENT AND DISTRIBUTION LICENSE Version 1.0
5307N/A 1.1. "Contributor" means each individual or entity that creates
5307N/A or contributes to the creation of Modifications.
5307N/A 1.2. "Contributor Version" means the combination of the Original
5307N/A Software, prior Modifications used by a Contributor (if any),
5307N/A and the Modifications made by that particular Contributor.
5307N/A 1.3. "Covered Software" means (a) the Original Software, or (b)
5307N/A Modifications, or (c) the combination of files containing
5307N/A Original Software with files containing Modifications, in
5307N/A each case including portions thereof.
5307N/A 1.4. "Executable" means the Covered Software in any form other
5307N/A 1.5. "Initial Developer" means the individual or entity that first
5307N/A makes Original Software available under this License.
5307N/A 1.6. "Larger Work" means a work which combines Covered Software or
5307N/A portions thereof with code not governed by the terms of this
5307N/A 1.7. "License" means this document.
5307N/A 1.8. "Licensable" means having the right to grant, to the maximum
5307N/A extent possible, whether at the time of the initial grant or
5307N/A subsequently acquired, any and all of the rights conveyed
5307N/A 1.9. "Modifications" means the Source Code and Executable form of
5307N/A A. Any file that results from an addition to, deletion from or
5307N/A modification of the contents of a file containing Original
5307N/A Software or previous Modifications;
5307N/A B. Any new file that contains any part of the Original
5307N/A Software or previous Modifications; or
5307N/A C. Any new file that is contributed or otherwise made
5307N/A available under the terms of this License.
5307N/A 1.10. "Original Software" means the Source Code and Executable
5307N/A form of computer software code that is originally released
5307N/A 1.11. "Patent Claims" means any patent claim(s), now owned or
5307N/A hereafter acquired, including without limitation, method,
5307N/A process, and apparatus claims, in any patent Licensable by
5307N/A 1.12. "Source Code" means (a) the common form of computer software
5307N/A code in which modifications are made and (b) associated
5307N/A documentation included in or with such code.
5307N/A 1.13. "You" (or "Your") means an individual or a legal entity
5307N/A exercising rights under, and complying with all of the terms
5307N/A of, this License. For legal entities, "You" includes any
5307N/A entity which controls, is controlled by, or is under common
5307N/A control with You. For purposes of this definition,
5307N/A "control" means (a) the power, direct or indirect, to cause
5307N/A the direction or management of such entity, whether by
5307N/A contract or otherwise, or (b) ownership of more than fifty
5307N/A percent (50%) of the outstanding shares or beneficial
5307N/A 2.1. The Initial Developer Grant.
5307N/A Conditioned upon Your compliance with Section 3.1 below and
5307N/A subject to third party intellectual property claims, the Initial
5307N/A Developer hereby grants You a world-wide, royalty-free,
5307N/A (a) under intellectual property rights (other than patent or
5307N/A trademark) Licensable by Initial Developer, to use,
5307N/A reproduce, modify, display, perform, sublicense and
5307N/A distribute the Original Software (or portions thereof),
5307N/A with or without Modifications,
and/or as part of a Larger
5307N/A (b) under Patent Claims infringed by the making, using or
5307N/A selling of Original Software, to make, have made, use,
5307N/A dispose of the Original Software (or portions thereof).
5307N/A (c) The licenses granted in Sections 2.1(a) and (b) are
5307N/A effective on the date Initial Developer first distributes
5307N/A or otherwise makes the Original Software available to a
5307N/A third party under the terms of this License.
5307N/A (d) Notwithstanding Section 2.1(b) above, no patent license is
5307N/A granted: (1) for code that You delete from the Original
5307N/A Software, or (2) for infringements caused by: (i) the
5307N/A modification of the Original Software, or (ii) the
5307N/A combination of the Original Software with other software
5307N/A Conditioned upon Your compliance with Section 3.1 below and
5307N/A subject to third party intellectual property claims, each
5307N/A Contributor hereby grants You a world-wide, royalty-free,
5307N/A (a) under intellectual property rights (other than patent or
5307N/A trademark) Licensable by Contributor to use, reproduce,
5307N/A modify, display, perform, sublicense and distribute the
5307N/A Modifications created by such Contributor (or portions
5307N/A thereof), either on an unmodified basis, with other
5307N/A (b) under Patent Claims infringed by the making, using, or
5307N/A selling of Modifications made by that Contributor either
5307N/A (or portions of such combination), to make, use, sell,
5307N/A (1) Modifications made by that Contributor (or portions
5307N/A thereof); and (2) the combination of Modifications made by
5307N/A that Contributor with its Contributor Version (or portions
5307N/A (c) The licenses granted in Sections 2.2(a) and 2.2(b) are
5307N/A effective on the date Contributor first distributes or
5307N/A otherwise makes the Modifications available to a third
5307N/A (d) Notwithstanding Section 2.2(b) above, no patent license is
5307N/A granted: (1) for any code that Contributor has deleted
5307N/A from the Contributor Version; (2) for infringements caused
5307N/A by: (i) third party modifications of Contributor Version,
5307N/A or (ii) the combination of Modifications made by that
5307N/A Contributor with other software (except as part of the
5307N/A Contributor Version) or other devices; or (3) under Patent
5307N/A Claims infringed by Covered Software in the absence of
5307N/A Modifications made by that Contributor.
5307N/A3. Distribution Obligations.
5307N/A 3.1. Availability of Source Code.
5307N/A Any Covered Software that You distribute or otherwise make
5307N/A available in Executable form must also be made available in Source
5307N/A Code form and that Source Code form must be distributed only under
5307N/A the terms of this License. You must include a copy of this
5307N/A License with every copy of the Source Code form of the Covered
5307N/A Software You distribute or otherwise make available. You must
5307N/A inform recipients of any such Covered Software in Executable form
5307N/A as to how they can obtain such Covered Software in Source Code
5307N/A form in a reasonable manner on or through a medium customarily
5307N/A used for software exchange.
5307N/A The Modifications that You create or to which You contribute are
5307N/A governed by the terms of this License. You represent that You
5307N/A believe Your Modifications are Your original creation(s)
and/or 5307N/A You have sufficient rights to grant the rights conveyed by this
5307N/A You must include a notice in each of Your Modifications that
5307N/A identifies You as the Contributor of the Modification. You may
5307N/A not remove or alter any copyright, patent or trademark notices
5307N/A contained within the Covered Software, or any notices of licensing
5307N/A or any descriptive text giving attribution to any Contributor or
5307N/A 3.4. Application of Additional Terms.
5307N/A You may not offer or impose any terms on any Covered Software in
5307N/A Source Code form that alters or restricts the applicable version
5307N/A of this License or the recipients' rights hereunder. You may
5307N/A choose to offer, and to charge a fee for, warranty, support,
5307N/A indemnity or liability obligations to one or more recipients of
5307N/A Covered Software. However, you may do so only on Your own behalf,
5307N/A and not on behalf of the Initial Developer or any Contributor.
5307N/A You must make it absolutely clear that any such warranty, support,
5307N/A indemnity or liability obligation is offered by You alone, and You
5307N/A hereby agree to indemnify the Initial Developer and every
5307N/A Contributor for any liability incurred by the Initial Developer or
5307N/A such Contributor as a result of warranty, support, indemnity or
5307N/A 3.5. Distribution of Executable Versions.
5307N/A You may distribute the Executable form of the Covered Software
5307N/A under the terms of this License or under the terms of a license of
5307N/A Your choice, which may contain terms different from this License,
5307N/A provided that You are in compliance with the terms of this License
5307N/A and that the license for the Executable form does not attempt to
5307N/A limit or alter the recipient's rights in the Source Code form from
5307N/A the rights set forth in this License. If You distribute the
5307N/A Covered Software in Executable form under a different license, You
5307N/A must make it absolutely clear that any terms which differ from
5307N/A this License are offered by You alone, not by the Initial
5307N/A Developer or Contributor. You hereby agree to indemnify the
5307N/A Initial Developer and every Contributor for any liability incurred
5307N/A by the Initial Developer or such Contributor as a result of any
5307N/A You may create a Larger Work by combining Covered Software with
5307N/A other code not governed by the terms of this License and
5307N/A distribute the Larger Work as a single product. In such a case,
5307N/A You must make sure the requirements of this License are fulfilled
5307N/A Sun Microsystems, Inc. is the initial license steward and may
5307N/A publish revised
and/or new versions of this License from time to
5307N/A time. Each version will be given a distinguishing version number.
5307N/A Except as provided in Section 4.3, no one other than the license
5307N/A steward has the right to modify this License.
5307N/A 4.2. Effect of New Versions.
5307N/A You may always continue to use, distribute or otherwise make the
5307N/A Covered Software available under the terms of the version of the
5307N/A License under which You originally received the Covered Software.
5307N/A If the Initial Developer includes a notice in the Original
5307N/A Software prohibiting it from being distributed or otherwise made
5307N/A available under any subsequent version of the License, You must
5307N/A distribute and make the Covered Software available under the terms
5307N/A of the version of the License under which You originally received
5307N/A the Covered Software. Otherwise, You may also choose to use,
5307N/A distribute or otherwise make the Covered Software available under
5307N/A the terms of any subsequent version of the License published by
5307N/A When You are an Initial Developer and You want to create a new
5307N/A license for Your Original Software, You may create and use a
5307N/A modified version of this License if You: (a) rename the license
5307N/A and remove any references to the name of the license steward
5307N/A (except to note that the license differs from this License); and
5307N/A (b) otherwise make it clear that the license contains terms which
5307N/A COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS"
5307N/A BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
5307N/A INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED
5307N/A SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
5307N/A PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND
5307N/A PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY
5307N/A COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
5307N/A INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY
5307N/A NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF
5307N/A WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
5307N/A ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
5307N/A 6.1. This License and the rights granted hereunder will terminate
5307N/A automatically if You fail to comply with terms herein and fail to
5307N/A cure such breach within 30 days of becoming aware of the breach.
5307N/A Provisions which, by their nature, must remain in effect beyond
5307N/A the termination of this License shall survive.
5307N/A 6.2. If You assert a patent infringement claim (excluding
5307N/A declaratory judgment actions) against Initial Developer or a
5307N/A Contributor (the Initial Developer or Contributor against whom You
5307N/A assert such claim is referred to as "Participant") alleging that
5307N/A the Participant Software (meaning the Contributor Version where
5307N/A the Participant is a Contributor or the Original Software where
5307N/A the Participant is the Initial Developer) directly or indirectly
5307N/A infringes any patent, then any and all rights granted directly or
5307N/A indirectly to You by such Participant, the Initial Developer (if
5307N/A the Initial Developer is not the Participant) and all Contributors
5307N/A under Sections 2.1
and/or 2.2 of this License shall, upon 60 days
5307N/A notice from Participant terminate prospectively and automatically
5307N/A at the expiration of such 60 day notice period, unless if within
5307N/A such 60 day period You withdraw Your claim with respect to the
5307N/A Participant Software against such Participant either unilaterally
5307N/A or pursuant to a written agreement with Participant.
5307N/A 6.3. In the event of termination under Sections 6.1 or 6.2 above,
5307N/A all end user licenses that have been validly granted by You or any
5307N/A distributor hereunder prior to termination (excluding licenses
5307N/A granted to You by any distributor) shall survive termination.
5307N/A UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
5307N/A (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE
5307N/A INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF
5307N/A COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE
5307N/A LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
5307N/A CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
5307N/A LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK
5307N/A STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
5307N/A COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
5307N/A INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
5307N/A LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
5307N/A INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT
5307N/A APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO
5307N/A NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
5307N/A CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT
5307N/A The Covered Software is a "commercial item," as that term is
5307N/A defined in 48
C.F.R. 2.101 (Oct. 1995), consisting of "commercial
5307N/A computer software" (as that term is defined at 48
5307N/A C.F.R. 252.227-7014(a)(1)) and "commercial computer software
5307N/A documentation" as such terms are used in 48
C.F.R. 12.212
5307N/A U.S. Government End Users acquire Covered Software with only those
5307N/A rights set forth herein. This
U.S. Government Rights clause is in
5307N/A lieu of, and supersedes, any other FAR, DFAR, or other clause or
5307N/A provision that addresses Government rights in computer software
5307N/A This License represents the complete agreement concerning subject
5307N/A matter hereof. If any provision of this License is held to be
5307N/A unenforceable, such provision shall be reformed only to the extent
5307N/A necessary to make it enforceable. This License shall be governed
5307N/A by the law of the jurisdiction specified in a notice contained
5307N/A within the Original Software (except to the extent applicable law,
5307N/A if any, provides otherwise), excluding such jurisdiction's
5307N/A conflict-of-law provisions. Any litigation relating to this
5307N/A License shall be subject to the jurisdiction of the courts located
5307N/A in the jurisdiction and venue specified in a notice contained
5307N/A within the Original Software, with the losing party responsible
5307N/A for costs, including, without limitation, court costs and
5307N/A reasonable attorneys' fees and expenses. The application of the
5307N/A United Nations Convention on Contracts for the International Sale
5307N/A of Goods is expressly excluded. Any law or regulation which
5307N/A provides that the language of a contract shall be construed
5307N/A against the drafter shall not apply to this License. You agree
5307N/A that You alone are responsible for compliance with the United
5307N/A States export administration regulations (and the export control
5307N/A laws and regulation of any other countries) when You use,
5307N/A distribute or otherwise make available any Covered Software.
5307N/A10. RESPONSIBILITY FOR CLAIMS.
5307N/A As between Initial Developer and the Contributors, each party is
5307N/A responsible for claims and damages arising, directly or
5307N/A indirectly, out of its utilization of rights under this License
5307N/A and You agree to work with Initial Developer and Contributors to
5307N/A distribute such responsibility on an equitable basis. Nothing
5307N/A herein is intended or shall be deemed to constitute any admission
5307N/A--------------------------------------------------------------------
5307N/ANOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND
5307N/AFor Covered Software in this distribution, this License shall
5307N/Abe governed by the laws of the State of California (excluding
5307N/Aconflict-of-law provisions).
5307N/AAny litigation relating to this License shall be subject to the
5307N/Ajurisdiction of the Federal Courts of the Northern District of
5307N/ACalifornia and the state courts of the State of California, with
5307N/Avenue lying in Santa Clara County, California.
5307N/A--------------------------------------------------------------------
5307N/AThe following is the license that applies to this copy of the Berkeley
5307N/ADB Java Edition software. For a license to use the Berkeley DB Java
5307N/AEdition software under conditions other than those described here, or
5614N/Ato purchase support for this software, please contact Oracle at
5614N/Aberkeleydb-info_us@oracle.com.
5307N/A=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
5614N/A * Copyright (c) 2002-2010 Oracle. All rights reserved.
5307N/A * Redistribution and use in source and binary forms, with or without
5307N/A * modification, are permitted provided that the following conditions
5307N/A * 1. Redistributions of source code must retain the above copyright
5307N/A * notice, this list of conditions and the following disclaimer.
5307N/A * 2. Redistributions in binary form must reproduce the above copyright
5307N/A * notice, this list of conditions and the following disclaimer in the
5307N/A * documentation
and/or other materials provided with the distribution.
5307N/A * 3. Redistributions in any form must be accompanied by information on
5307N/A * how to obtain complete source code for the DB software and any
5307N/A * accompanying software that uses the DB software. The source code
5307N/A * must either be included in the distribution or be available for no
5307N/A * more than the cost of distribution plus a nominal fee, and must be
5307N/A * freely redistributable under reasonable conditions. For an
5307N/A * executable file, complete source code means the source code for all
5307N/A * modules it contains. It does not include source code for modules or
5307N/A * files that typically accompany the major components of the operating
5307N/A * system on which the executable file runs.
5614N/A * THIS SOFTWARE IS PROVIDED BY ORACLE ``AS IS'' AND ANY EXPRESS OR
5614N/A * IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
5307N/A * WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
5614N/A * NON-INFRINGEMENT, ARE DISCLAIMED. IN NO EVENT SHALL ORACLE BE LIABLE
5614N/A * FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
5614N/A * CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
5614N/A * SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
5614N/A * BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
5614N/A * WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE
5614N/A * OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN
5614N/A * IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
5614N/A=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
5614N/A * ASM: a very small and fast Java bytecode manipulation framework
5614N/A * Copyright (c) 2000-2005 INRIA, France Telecom
5614N/A * Redistribution and use in source and binary forms, with or without
5614N/A * modification, are permitted provided that the following conditions
5614N/A * 1. Redistributions of source code must retain the above copyright
5614N/A * notice, this list of conditions and the following disclaimer.
5614N/A * 2. Redistributions in binary form must reproduce the above copyright
5614N/A * notice, this list of conditions and the following disclaimer in the
5614N/A * documentation
and/or other materials provided with the distribution.
5614N/A * 3. Neither the name of the copyright holders nor the names of its
5614N/A * contributors may be used to endorse or promote products derived from
5614N/A * this software without specific prior written permission.
5614N/A * THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS"
5614N/A * AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
5614N/A * IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
5614N/A * ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE
5614N/A * LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
5307N/A * CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
5307N/A * SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
5307N/A * INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
5307N/A * CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
5307N/A * ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF
5307N/A * THE POSSIBILITY OF SUCH DAMAGE.
5307N/A--------------------------------------------------------------------
5307N/ASun Microsystems, Inc. ("Sun") ENTITLEMENT for SOFTWARE
5307N/AEffective Date: Date of delivery of the Software to You.
5307N/ALicense Term: Perpetual (subject to termination under the SLA).
5307N/ALicensed Unit: Software Copy.
5307N/ALicensed unit Count: Unlimited.
5307N/A1. You may reproduce and use the Software for Individual, Commercial,
5307N/Aor Research and Instructional Use for the purposes of designing,
5307N/Adeveloping, testing, and running Your applets and
5307N/A2. Subject to the terms and conditions of this Agreement and
5307N/Arestrictions and exceptions set forth in the Software's documentation,
5307N/AYou may reproduce and distribute portions of Software identified as a
5307N/Aredistributable in the documentation ("Redistributable"), provided
5307N/A(a) you distribute Redistributable complete and unmodified and only
5307N/Abundled as part of Your Programs,
5307N/A(b) your Programs add significant and primary functionality to the
5307N/A(c) you distribute Redistributable for the sole purpose of running your
5307N/A(d) you do not distribute additional software intended to replace any
5307N/Acomponent(s) of the Redistributable,
5307N/A(e) you do not remove or alter any proprietary legends or notices
5307N/Acontained in or on the Redistributable.
5307N/A(f) you only distribute the Redistributable subject to a license
5307N/Aagreement that protects Sun's interests consistent with the terms
5307N/Acontained in this Agreement, and
5307N/A(g) you agree to defend and indemnify Sun and its licensors from and
5307N/Aagainst any damages, costs, liabilities, settlement amounts
and/or 5307N/Aexpenses (including attorneys' fees) incurred in connection with any
5307N/Aclaim, lawsuit or action by any third party that arises or results from
5307N/A3. Java Technology Restrictions. You may not create, modify, or change
5307N/Athe behavior of, or authorize your licensees to create, modify, or
5307N/Achange the behavior of, classes, interfaces, or subpackages that are in
5307N/Aany way identified as "java", "javax", "sun" or similar convention as
5307N/Aspecified by Sun in any naming convention designation.
5307N/AB. Sun Microsystems, Inc. ("Sun")
5307N/AREAD THE TERMS OF THIS AGREEMENT ("AGREEMENT") CAREFULLY BEFORE OPENING
5307N/ASOFTWARE MEDIA PACKAGE. BY OPENING SOFTWARE MEDIA PACKAGE, YOU AGREE TO
5307N/ATHE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING SOFTWARE
5307N/AELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING
5307N/ATHE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE
5307N/ATO ALL OF THE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE
5307N/AOF PURCHASE FOR A REFUND OR, IF SOFTWARE IS ACCESSED ELECTRONICALLY,
5307N/ASELECT THE "DECLINE" (OR "EXIT") BUTTON AT THE END OF THIS AGREEMENT.
5307N/AIF YOU HAVE SEPARATELY AGREED TO LICENSE TERMS ("MASTER TERMS") FOR
5307N/AYOUR LICENSE TO THIS SOFTWARE, THEN SECTIONS 1-5 OF THIS AGREEMENT
5307N/A("SUPPLEMENTAL LICENSE TERMS") SHALL SUPPLEMENT AND SUPERSEDE THE
5307N/AMASTER TERMS IN RELATION TO THIS SOFTWARE.
5307N/A(a) "Entitlement" means the collective set of applicable documents
5307N/Aauthorized by Sun evidencing your obligation to pay associated fees (if
5307N/Aany) for the license, associated Services, and the authorized scope of
5307N/Ause of Software under this Agreement.
5307N/A(b) "Licensed Unit" means the unit of measure by which your use of
5307N/ASoftware
and/or Service is licensed, as described in your Entitlement.
5307N/A(c) "Permitted Use" means the licensed Software use(s) authorized
5307N/Ain this Agreement as specified in your Entitlement. The Permitted Use
5307N/Afor any bundled Sun software not specified in your Entitlement will be
5307N/Aevaluation use as provided in Section 3.
5307N/A(d) "Service" means the service(s) that Sun or its delegate will
5307N/Aprovide, if any, as selected in your Entitlement and as further
5307N/Adescribed in the applicable service listings at
5307N/A(e) "Software" means the Sun software described in your
5307N/AEntitlement. Also, certain software may be included for evaluation use
5307N/A(f) "You" and "Your" means the individual or legal entity specified
5307N/Ain the Entitlement, or for evaluation purposes, the entity performing
5307N/A2. License Grant and Entitlement.
5307N/ASubject to the terms of your Entitlement, Sun grants you a
5307N/Anonexclusive, nontransferable limited license to use Software for its
5307N/APermitted Use for the license term. Your Entitlement will specify (a)
5307N/ASoftware licensed, (b) the Permitted Use, (c) the license term, and (d)
5307N/AAdditionally, if your Entitlement includes Services, then it will also
5307N/Aspecify the (e) Service and (f) service term.
5307N/AIf your rights to Software or Services are limited in duration and the
5307N/Adate such rights begin is other than the purchase date, your
5307N/AEntitlement will provide that beginning date(s).
5307N/AThe Entitlement may be delivered to you in various ways depending on
5307N/Athe manner in which you obtain Software and Services, for example, the
5307N/AEntitlement may be provided in your receipt, invoice or your contract
5307N/Awith Sun or authorized Sun reseller. It may also be in electronic
5307N/Aformat if you download Software.
5307N/AAs selected in your Entitlement, one or more of the following Permitted
5307N/AUses will apply to your use of Software. Unless you have an Entitlement
5307N/Athat expressly permits it, you may not use Software for any of the
5307N/Aother Permitted Uses. If you don't have an Entitlement, or if your
5307N/AEntitlement doesn't cover additional software delivered to you, then
5307N/Asuch software is for your Evaluation Use.
5307N/A(a) Evaluation Use. You may evaluate Software internally for a period
5307N/Aof 90 days from your first use.
5307N/A(b) Research and Instructional Use. You may use Software internally to
5307N/Adesign, develop and test, and also to provide instruction on such
5307N/A(c) Individual Use. You may use Software internally for personal,
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5307N/A(e) Service Provider Use. You may make Software functionality
5307N/Aaccessible (but not by providing Software itself or through outsourcing
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5307N/AYour Permitted Use is limited to the number of Licensed Units stated in
5307N/Ayour Entitlement. If you require additional Licensed Units, you will
5307N/Aneed additional Entitlement(s).
5307N/A(a) The copies of Software provided to you under this Agreement are
5307N/Alicensed, not sold, to you by Sun. Sun reserves all rights not
5307N/Aexpressly granted. (b) You may make a single archival copy of Software,
5307N/Abut otherwise may not copy, modify, or distribute Software. However if
5307N/Athe Sun documentation accompanying Software lists specific portions of
5307N/ASoftware, such as header files, class libraries, reference source code,
5307N/Aand/or redistributable files, that may be handled differently, you may
5307N/Ado so only as provided in the Sun documentation. (c) You may not rent,
5307N/Alease, lend or encumber Software. (d) Unless enforcement is prohibited
5307N/Aby applicable law, you may not decompile, or reverse engineer Software.
5307N/A(e) The terms and conditions of this Agreement will apply to any
5307N/ASoftware updates, provided to you at Sun's discretion, that replace
5307N/Aand/or supplement the original Software, unless such update contains a
5307N/Aseparate license. (f) You may not publish or provide the results of any
5307N/Abenchmark or comparison tests run on Software to any third party
5307N/Awithout the prior written consent of Sun. (g) Software is confidential
5307N/Aand copyrighted. (h) Unless otherwise specified, if Software is
5307N/Adelivered with embedded or bundled software that enables functionality
5307N/Aof Software, you may not use such software on a stand-alone basis or
5307N/Ause any portion of such software to interoperate with any program(s)
5307N/Aother than Software. (i) Software may contain programs that perform
5307N/Aautomated collection of system data
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5307N/ASun, its subcontractors, and its service delivery partners for the
5307N/Apurpose of providing you with remote system services
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5307N/ASun's software and systems. (j) Software is not designed, licensed or
5307N/Aintended for use in the design, construction, operation or maintenance
5307N/Aof any nuclear facility and Sun and its licensors disclaim any express
5307N/Aor implied warranty of fitness for such uses. (k) No right, title or
5307N/Ainterest in or to any trademark, service mark, logo or trade name of
5307N/ASun or its licensors is granted under this Agreement.
5307N/AThe license and service term are set forth in your Entitlement(s). Your
5307N/Arights under this Agreement will terminate immediately without notice
5307N/Afrom Sun if you materially breach it or take any action in derogation
5307N/Aof Sun's
and/or its licensors' rights to Software. Sun may terminate
5307N/Athis Agreement should any Software become, or in Sun's reasonable
5307N/Aopinion likely to become, the subject of a claim of intellectual
5307N/Aproperty infringement or trade secret misappropriation. Upon
5307N/Atermination, you will cease use of, and destroy, Software and confirm
5307N/Acompliance in writing to Sun. Sections 1, 5, 6, 7, and 9-15 will
5307N/Asurvive termination of the Agreement.
5307N/A7. Java Compatibility and Open Source.
5307N/ASoftware may contain Java technology. You may not create additional
5307N/Aclasses to, or modifications of, the Java technology, except under
5307N/Acompatibility requirements available under a separate agreement
5307N/ASun supports and benefits from the global community of open source
5307N/Adevelopers, and thanks the community for its important contributions
5307N/Aand open standards-based technology, which Sun has adopted into many of
5307N/APlease note that portions of Software may be provided with notices and
5307N/Aopen source licenses from such communities and third parties that
5307N/Agovern the use of those portions, and any licenses granted hereunder do
5307N/Anot alter any rights and obligations you may have under such open
5307N/Asource licenses, however, the disclaimer of warranty and limitation of
5307N/Aliability provisions in this Agreement will apply to all Software in
5307N/ASun warrants to you that for a period of 90 days from the date of
5307N/Apurchase, as evidenced by a copy of the receipt, the media on which
5307N/ASoftware is furnished (if any) will be free of defects in materials and
5307N/Aworkmanship under normal use. Except for the foregoing, Software is
5307N/Aprovided "AS IS". Your exclusive remedy and Sun's entire liability
5307N/Aunder this limited warranty will be at Sun's option to replace Software
5307N/Amedia or refund the fee paid for Software. Some states do not allow
5307N/Alimitations on certain implied warranties, so the above may not apply
5307N/Ato you. This limited warranty gives you specific legal rights. You may
5307N/Ahave others, which vary from state to state.
5307N/AUNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,
5307N/AREPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF
5307N/AMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT
5307N/AARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO
5307N/A10. Limitation of Liability.
5307N/ATO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS
5307N/ALICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR
5307N/ASPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES,
5307N/AHOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR
5307N/ARELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS
5307N/ABEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun's
5307N/Aliability to you, whether in contract, tort (including negligence), or
5307N/Aotherwise, exceed the amount paid by you for Software under this
5307N/AAgreement. The foregoing limitations will apply even if the above
5307N/Astated warranty fails of its essential purpose. Some states do not
5307N/Aallow the exclusion of incidental or consequential damages, so some of
5307N/Athe terms above may not be applicable to you.
5307N/AAll Software, documents, technical data, and any other materials
5307N/Adelivered under this Agreement are subject to
U.S. export control laws
5307N/Aand may be subject to export or import regulations in other countries.
5307N/AYou agree to comply strictly with these laws and regulations and
5307N/Aacknowledge that you have the responsibility to obtain any licenses to
5307N/Aexport, re-export, or import as may be required after delivery to you.
5307N/AIf Software is being acquired by or on behalf of the
U.S. Government or
5307N/Aby a
U.S. Government prime contractor or subcontractor (at any tier),
5307N/Athen the Government's rights in Software and accompanying documentation
5307N/Awill be only as set forth in this Agreement; this is in accordance with
5307N/A48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD)
5307N/Aacquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD
5307N/AAny action related to this Agreement will be governed by California law
5307N/Aand controlling
U.S. federal law. No choice of law rules of any
5307N/AIf any provision of this Agreement is held to be unenforceable, this
5307N/AAgreement will remain in effect with the provision omitted, unless
5307N/Aomission would frustrate the intent of the parties, in which case this
5307N/AAgreement will immediately terminate.
5307N/AThis Agreement, including any terms contained in your Entitlement, is
5307N/Athe entire agreement between you and Sun relating to its subject
5307N/Amatter. It supersedes all prior or contemporaneous oral or written
5307N/Acommunications, proposals, representations and warranties and prevails
5307N/Aover any conflicting or additional terms of any quote, order,
5307N/Aacknowledgment, or other communication between the parties relating to
5307N/Aits subject matter during the term of this Agreement. No modification
5307N/Aof this Agreement will be binding, unless in writing and signed by an
5307N/Aauthorized representative of each party.
5307N/APlease contact Sun Microsystems, Inc. 4150 Network Circle, Santa Clara,
5307N/ACalifornia 95054 if you have questions.
5307N/A--------------------------------------------------------------------
5307N/AA. Sun Microsystems, Inc. ("Sun") ENTITLEMENT for SOFTWARE
5307N/AEffective Date: Date of delivery of the Software to You.
5307N/ASoftware: JavaBeans Activation Framework 1.1.1.
5307N/ALicense Term: Perpetual (subject to termination under the SLA).
5307N/ALicensed Unit: Software Copy.
5307N/ALicensed unit Count: Unlimited.
5307N/A1. You may reproduce and use the Software for Individual, Commercial,
5307N/Aor Research and Instructional Use for the purposes of designing,
5307N/Adeveloping, testing, and running Your applets and
5307N/A2. Subject to the terms and conditions of this Agreement and
5307N/Arestrictions and exceptions set forth in the Software's documentation,
5307N/AYou may reproduce and distribute portions of Software identified as a
5307N/Aredistributable in the documentation ("Redistributable"), provided
5307N/A(a) you distribute Redistributable complete and unmodified and only
5307N/Abundled as part of Your Programs,
5307N/A(b) your Programs add significant and primary functionality to the
5307N/A(c) you distribute Redistributable for the sole purpose of running your
5307N/A(d) you do not distribute additional software intended to replace any
5307N/Acomponent(s) of the Redistributable,
5307N/A(e) you do not remove or alter any proprietary legends or notices
5307N/Acontained in or on the Redistributable.
5307N/A(f) you only distribute the Redistributable subject to a license
5307N/Aagreement that protects Sun's interests consistent with the terms
5307N/Acontained in this Agreement, and
5307N/A(g) you agree to defend and indemnify Sun and its licensors from and
5307N/Aagainst any damages, costs, liabilities, settlement amounts
and/or 5307N/Aexpenses (including attorneys' fees) incurred in connection with any
5307N/Aclaim, lawsuit or action by any third party that arises or results from
5307N/A3. Java Technology Restrictions. You may not create, modify, or change
5307N/Athe behavior of, or authorize your licensees to create, modify, or
5307N/Achange the behavior of, classes, interfaces, or subpackages that are in
5307N/Aany way identified as "java", "javax", "sun" or similar convention as
5307N/Aspecified by Sun in any naming convention designation.
5307N/AB. Sun Microsystems, Inc. ("Sun")
5307N/AREAD THE TERMS OF THIS AGREEMENT ("AGREEMENT") CAREFULLY BEFORE OPENING
5307N/ASOFTWARE MEDIA PACKAGE. BY OPENING SOFTWARE MEDIA PACKAGE, YOU AGREE TO
5307N/ATHE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING SOFTWARE
5307N/AELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING
5307N/ATHE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE
5307N/ATO ALL OF THE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE
5307N/AOF PURCHASE FOR A REFUND OR, IF SOFTWARE IS ACCESSED ELECTRONICALLY,
5307N/ASELECT THE "DECLINE" (OR "EXIT") BUTTON AT THE END OF THIS AGREEMENT.
5307N/AIF YOU HAVE SEPARATELY AGREED TO LICENSE TERMS ("MASTER TERMS") FOR
5307N/AYOUR LICENSE TO THIS SOFTWARE, THEN SECTIONS 1-5 OF THIS AGREEMENT
5307N/A("SUPPLEMENTAL LICENSE TERMS") SHALL SUPPLEMENT AND SUPERSEDE THE
5307N/AMASTER TERMS IN RELATION TO THIS SOFTWARE.
5307N/A(a) "Entitlement" means the collective set of applicable documents
5307N/Aauthorized by Sun evidencing your obligation to pay associated fees (if
5307N/Aany) for the license, associated Services, and the authorized scope of
5307N/Ause of Software under this Agreement.
5307N/A(b) "Licensed Unit" means the unit of measure by which your use of
5307N/ASoftware
and/or Service is licensed, as described in your Entitlement.
5307N/A(c) "Permitted Use" means the licensed Software use(s) authorized
5307N/Ain this Agreement as specified in your Entitlement. The Permitted Use
5307N/Afor any bundled Sun software not specified in your Entitlement will be
5307N/Aevaluation use as provided in Section 3.
5307N/A(d) "Service" means the service(s) that Sun or its delegate will
5307N/Aprovide, if any, as selected in your Entitlement and as further
5307N/Adescribed in the applicable service listings at
5307N/A(e) "Software" means the Sun software described in your
5307N/AEntitlement. Also, certain software may be included for evaluation use
5307N/A(f) "You" and "Your" means the individual or legal entity specified
5307N/Ain the Entitlement, or for evaluation purposes, the entity performing
5307N/A2. License Grant and Entitlement.
5307N/ASubject to the terms of your Entitlement, Sun grants you a
5307N/Anonexclusive, nontransferable limited license to use Software for its
5307N/APermitted Use for the license term. Your Entitlement will specify (a)
5307N/ASoftware licensed, (b) the Permitted Use, (c) the license term, and (d)
5307N/AAdditionally, if your Entitlement includes Services, then it will also
5307N/Aspecify the (e) Service and (f) service term.
5307N/AIf your rights to Software or Services are limited in duration and the
5307N/Adate such rights begin is other than the purchase date, your
5307N/AEntitlement will provide that beginning date(s).
5307N/AThe Entitlement may be delivered to you in various ways depending on
5307N/Athe manner in which you obtain Software and Services, for example, the
5307N/AEntitlement may be provided in your receipt, invoice or your contract
5307N/Awith Sun or authorized Sun reseller. It may also be in electronic
5307N/Aformat if you download Software.
5307N/AAs selected in your Entitlement, one or more of the following Permitted
5307N/AUses will apply to your use of Software. Unless you have an Entitlement
5307N/Athat expressly permits it, you may not use Software for any of the
5307N/Aother Permitted Uses. If you don't have an Entitlement, or if your
5307N/AEntitlement doesn't cover additional software delivered to you, then
5307N/Asuch software is for your Evaluation Use.
5307N/A(a) Evaluation Use. You may evaluate Software internally for a period
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5307N/A(b) Research and Instructional Use. You may use Software internally to
5307N/Adesign, develop and test, and also to provide instruction on such
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5307N/A(e) Service Provider Use. You may make Software functionality
5307N/Aaccessible (but not by providing Software itself or through outsourcing
5307N/Aservices) to your end users in an extranet deployment, but not to your
5307N/Aaffiliated companies or to government agencies.
5307N/AYour Permitted Use is limited to the number of Licensed Units stated in
5307N/Ayour Entitlement. If you require additional Licensed Units, you will
5307N/Aneed additional Entitlement(s).
5307N/A(a) The copies of Software provided to you under this Agreement are
5307N/Alicensed, not sold, to you by Sun. Sun reserves all rights not
5307N/Aexpressly granted. (b) You may make a single archival copy of Software,
5307N/Abut otherwise may not copy, modify, or distribute Software. However if
5307N/Athe Sun documentation accompanying Software lists specific portions of
5307N/ASoftware, such as header files, class libraries, reference source code,
5307N/Aand/or redistributable files, that may be handled differently, you may
5307N/Ado so only as provided in the Sun documentation. (c) You may not rent,
5307N/Alease, lend or encumber Software. (d) Unless enforcement is prohibited
5307N/Aby applicable law, you may not decompile, or reverse engineer
5307N/ASoftware. (e) The terms and conditions of this Agreement will apply to
5307N/Aany Software updates, provided to you at Sun's discretion, that replace
5307N/Aand/or supplement the original Software, unless such update contains a
5307N/Aseparate license. (f) You may not publish or provide the results of any
5307N/Abenchmark or comparison tests run on Software to any third party
5307N/Awithout the prior written consent of Sun. (g) Software is confidential
5307N/Aand copyrighted. (h) Unless otherwise specified, if Software is
5307N/Adelivered with embedded or bundled software that enables functionality
5307N/Aof Software, you may not use such software on a stand-alone basis or
5307N/Ause any portion of such software to interoperate with any program(s)
5307N/Aother than Software. (i) Software may contain programs that perform
5307N/Aautomated collection of system data
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5307N/Aservices. System data collected through such programs may be used by
5307N/ASun, its subcontractors, and its service delivery partners for the
5307N/Apurpose of providing you with remote system services
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5307N/ASun's software and systems. (j) Software is not designed, licensed or
5307N/Aintended for use in the design, construction, operation or maintenance
5307N/Aof any nuclear facility and Sun and its licensors disclaim any express
5307N/Aor implied warranty of fitness for such uses. (k) No right, title or
5307N/Ainterest in or to any trademark, service mark, logo or trade name of
5307N/ASun or its licensors is granted under this Agreement.
5307N/AThe license and service term are set forth in your Entitlement(s). Your
5307N/Arights under this Agreement will terminate immediately without notice
5307N/Afrom Sun if you materially breach it or take any action in derogation
5307N/Aof Sun's
and/or its licensors' rights to Software. Sun may terminate
5307N/Athis Agreement should any Software become, or in Sun's reasonable
5307N/Aopinion likely to become, the subject of a claim of intellectual
5307N/Aproperty infringement or trade secret misappropriation. Upon
5307N/Atermination, you will cease use of, and destroy, Software and confirm
5307N/Acompliance in writing to Sun. Sections 1, 5, 6, 7, and 9-15 will
5307N/Asurvive termination of the Agreement.
5307N/A7. Java Compatibility and Open Source.
5307N/ASoftware may contain Java technology. You may not create additional
5307N/Aclasses to, or modifications of, the Java technology, except under
5307N/Acompatibility requirements available under a separate agreement
5307N/ASun supports and benefits from the global community of open source
5307N/Adevelopers, and thanks the community for its important contributions
5307N/Aand open standards-based technology, which Sun has adopted into many of
5307N/APlease note that portions of Software may be provided with notices and
5307N/Aopen source licenses from such communities and third parties that
5307N/Agovern the use of those portions, and any licenses granted hereunder do
5307N/Anot alter any rights and obligations you may have under such open
5307N/Asource licenses, however, the disclaimer of warranty and limitation of
5307N/Aliability provisions in this Agreement will apply to all Software in
5307N/ASun warrants to you that for a period of 90 days from the date of
5307N/Apurchase, as evidenced by a copy of the receipt, the media on which
5307N/ASoftware is furnished (if any) will be free of defects in materials and
5307N/Aworkmanship under normal use. Except for the foregoing, Software is
5307N/Aprovided "AS IS". Your exclusive remedy and Sun's entire liability
5307N/Aunder this limited warranty will be at Sun's option to replace Software
5307N/Amedia or refund the fee paid for Software. Some states do not allow
5307N/Alimitations on certain implied warranties, so the above may not apply
5307N/Ato you. This limited warranty gives you specific legal rights. You may
5307N/Ahave others, which vary from state to state.
5307N/AUNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,
5307N/AREPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF
5307N/AMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT
5307N/AARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO
5307N/A10. Limitation of Liability.
5307N/ATO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS
5307N/ALICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR
5307N/ASPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES,
5307N/AHOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR
5307N/ARELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS
5307N/ABEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun's
5307N/Aliability to you, whether in contract, tort (including negligence), or
5307N/Aotherwise, exceed the amount paid by you for Software under this
5307N/AAgreement. The foregoing limitations will apply even if the above
5307N/Astated warranty fails of its essential purpose. Some states do not
5307N/Aallow the exclusion of incidental or consequential damages, so some of
5307N/Athe terms above may not be applicable to you.
5307N/AAll Software, documents, technical data, and any other materials
5307N/Adelivered under this Agreement are subject to
U.S. export control laws
5307N/Aand may be subject to export or import regulations in other countries.
5307N/AYou agree to comply strictly with these laws and regulations and
5307N/Aacknowledge that you have the responsibility to obtain any licenses to
5307N/Aexport, re-export, or import as may be required after delivery to you.
5307N/AIf Software is being acquired by or on behalf of the
U.S. Government or
5307N/Aby a
U.S. Government prime contractor or subcontractor (at any tier),
5307N/Athen the Government's rights in Software and accompanying documentation
5307N/Awill be only as set forth in this Agreement; this is in accordance with
5307N/A48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD)
5307N/Aacquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD
5307N/AAny action related to this Agreement will be governed by California law
5307N/Aand controlling
U.S. federal law. No choice of law rules of any
5307N/AIf any provision of this Agreement is held to be unenforceable, this
5307N/AAgreement will remain in effect with the provision omitted, unless
5307N/Aomission would frustrate the intent of the parties, in which case this
5307N/AAgreement will immediately terminate.
5307N/AThis Agreement, including any terms contained in your Entitlement, is
5307N/Athe entire agreement between you and Sun relating to its subject
5307N/Amatter. It supersedes all prior or contemporaneous oral or written
5307N/Acommunications, proposals, representations and warranties and prevails
5307N/Aover any conflicting or additional terms of any quote, order,
5307N/Aacknowledgment, or other communication between the parties relating to
5307N/Aits subject matter during the term of this Agreement. No modification
5307N/Aof this Agreement will be binding, unless in writing and signed by an
5307N/Aauthorized representative of each party.
5307N/APlease contact Sun Microsystems, Inc. 4150 Network Circle, Santa Clara,
5307N/ACalifornia 95054 if you have questions.