| Oracle Corporation Binary Code License Agreement |
| |
| for the JAVA SE DEVELOPMENT KIT (JDK), VERSION 6 |
| |
| ORACLE CORPORATION ("ORACLE") IS WILLING TO LICENSE THE SOFTWARE |
| IDENTIFIED BELOW TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF |
| THE TERMS CONTAINED IN THIS BINARY CODE LICENSE AGREEMENT AND |
| SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT"). PLEASE READ |
| THE AGREEMENT CAREFULLY. BY USING THE SOFTWARE YOU ACKNOWLEDGE THAT |
| YOU HAVE READ THE TERMS AND AGREE TO THEM. IF YOU ARE AGREEING TO |
| THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU |
| REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE LEGAL ENTITY |
| TO THESE TERMS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT |
| WISH TO BE BOUND BY THE TERMS, THEN YOU MUST NOT USE THE SOFTWARE ON |
| THIS SITE OR ANY OTHER MEDIA ON WHICH THE SOFTWARE IS CONTAINED. |
| |
| 1. DEFINITIONS. "Software" means the identified above in binary |
| form, any other machine readable materials (including, but not limited |
| to, libraries, source files, header files, and data files), any |
| updates or error corrections provided by Oracle, and any user manuals, |
| programming guides and other documentation provided to you by Oracle |
| under this Agreement. "General Purpose Desktop Computers and Servers" |
| means computers, including desktop and laptop computers, or servers, |
| used for general computing functions under end user control (such as |
| but not specifically limited to email, general purpose Internet |
| browsing, and office suite productivity tools). The use of Software |
| in systems and solutions that provide dedicated functionality (other |
| than as mentioned above) or designed for use in embedded or |
| function-specific software applications, for example but not limited |
| to: Software embedded in or bundled with industrial control systems, |
| wireless mobile telephones, wireless handheld devices, netbooks, |
| kiosks, TV/STB, Blu-ray Disc devices, telematics and network control |
| switching equipment, printers and storage management systems, and |
| other related systems are excluded from this |
| definition and not licensed under this Agreement. "Programs" means |
| Java technology applets and applications intended to run on the Java |
| Platform Standard Edition (Java SE) platform on Java-enabled General |
| Purpose Desktop Computers and Servers. |
| |
| 2. LICENSE TO USE. Subject to the terms and conditions of this |
| Agreement, including, but not limited to the Java Technology |
| Restrictions of the Supplemental License Terms, Oracle grants you a |
| non-exclusive, non-transferable, limited license without license fees |
| to reproduce and use internally Software complete and unmodified for |
| the sole purpose of running Programs. Additional licenses for |
| developers and/or publishers are granted in the Supplemental License |
| Terms. |
| |
| 3. RESTRICTIONS. Software is confidential and copyrighted. Title to |
| Software and all associated intellectual property rights is retained |
| by Oracle and/or its licensors. Unless enforcement is prohibited by |
| applicable law, you may not modify, decompile, or reverse engineer |
| Software. You acknowledge that Licensed Software is not designed or |
| intended for use in the design, construction, operation or maintenance |
| of any nuclear facility. Oracle Corporation disclaims any express or |
| implied warranty of fitness for such uses. No right, title or |
| interest in or to any trademark, service mark, logo or trade name of |
| Oracle or its licensors is granted under this Agreement. Additional |
| restrictions for developers and/or publishers licenses are set forth |
| in the Supplemental License Terms. |
| |
| 4. LIMITED WARRANTY. Oracle warrants to you that for a period of |
| ninety (90) days from the date of purchase, as evidenced by a copy of |
| the receipt, the media on which Software is furnished (if any) will be |
| free of defects in materials and workmanship under normal use. Except |
| for the foregoing, Software is provided "AS IS". Your exclusive |
| remedy and Oracle's entire liability under this limited warranty will |
| be at Oracle's option to replace Software media or refund the fee paid |
| for Software. Any implied warranties on the Software are limited to |
| 90 days. Some states do not allow limitations on duration of an |
| implied warranty, so the above may not apply to you. This limited |
| warranty gives you specific legal rights. You may have others, which |
| vary from state to state. |
| |
| 5. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL |
| EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, |
| INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A |
| PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE |
| EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. |
| |
| 6. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN |
| NO EVENT WILL ORACLE OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, |
| PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR |
| PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF |
| LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE |
| SOFTWARE, EVEN IF ORACLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH |
| DAMAGES. In no event will Oracle's liability to you, whether in |
| contract, tort (including negligence), or otherwise, exceed the amount |
| paid by you for Software under this Agreement. The foregoing |
| limitations will apply even if the above stated warranty fails of its |
| essential purpose. Some states do not allow the exclusion of |
| incidental or consequential damages, so some of the terms above may |
| not be applicable to you. |
| |
| 7. TERMINATION. This Agreement is effective until terminated. You |
| may terminate this Agreement at any time by destroying all copies of |
| Software. This Agreement will terminate immediately without notice |
| from Oracle if you fail to comply with any provision of this |
| Agreement. Either party may terminate this Agreement immediately |
| should any Software become, or in either party's opinion be likely to |
| become, the subject of a claim of infringement of any intellectual |
| property right. Upon Termination, you must destroy all copies of |
| Software. |
| |
| 8. EXPORT REGULATIONS. All Software and technical data delivered |
| under this Agreement are subject to US export control laws and may be |
| subject to export or import regulations in other countries. You agree |
| to comply strictly with all such laws and regulations and acknowledge |
| that you have the responsibility to obtain such licenses to export, |
| re-export, or import as may be required after delivery to you. |
| |
| 9. TRADEMARKS AND LOGOS. You acknowledge and agree as between you |
| and Oracle that Oracle owns the ORACLE, SOLARIS, JAVA, JINI, FORTE, |
| and iPLANET trademarks and all ORACLE, SOLARIS, JAVA, JINI, FORTE, and |
| iPLANET-related trademarks, service marks, logos and other brand |
| designations ("Oracle Marks"), and you agree to comply with the Third |
| Party Usage Guidelines for Oracle Trademarks currently located at |
| http://www.oracle.com/html/3party.html. Any use you make of the |
| Oracle Marks inures to Oracle's benefit. |
| |
| 10. U.S. GOVERNMENT RESTRICTED RIGHTS. If Software is being |
| acquired by or on behalf of the U.S. Government or by a U.S. |
| Government prime contractor or subcontractor (at any tier), then the |
| Government's rights in Software and accompanying documentation will be |
| only as set forth in this Agreement; this is in accordance with 48 CFR |
| 227.7201 through 227.7202-4 (for Department of Defense (DOD) |
| acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD |
| acquisitions). |
| |
| 11. GOVERNING LAW. Any action related to this Agreement will be |
| governed by California law and controlling U.S. federal law. No |
| choice of law rules of any jurisdiction will apply. |
| |
| 12. SEVERABILITY. If any provision of this Agreement is held to be |
| unenforceable, this Agreement will remain in effect with the provision |
| omitted, unless omission would frustrate the intent of the parties, in |
| which case this Agreement will immediately terminate. |
| |
| 13. INTEGRATION. This Agreement is the entire agreement between you |
| and Oracle relating to its subject matter. It supersedes all prior or |
| contemporaneous oral or written communications, proposals, |
| representations and warranties and prevails over any conflicting or |
| additional terms of any quote, order, acknowledgment, or other |
| communication between the parties relating to its subject matter |
| during the term of this Agreement. No modification of this Agreement |
| will be binding, unless in writing and signed by an authorized |
| representative of each party. |
| |
| SUPPLEMENTAL LICENSE TERMS |
| |
| These Supplemental License Terms add to or modify the terms of the |
| Binary Code License Agreement. Capitalized terms not defined in these |
| Supplemental Terms shall have the same meanings ascribed to them in |
| the Binary Code License Agreement . These Supplemental Terms shall |
| supersede any inconsistent or conflicting terms in the Binary Code |
| License Agreement, or in any license contained within the Software. |
| |
| A. Software Internal Use and Development License Grant. Subject to |
| the terms and conditions of this Agreement and restrictions and |
| exceptions set forth in the Software "README" file incorporated herein |
| by reference, including, but not limited to the Java Technology |
| Restrictions of these Supplemental Terms, Oracle grants you a |
| non-exclusive, non-transferable, limited license without fees to |
| reproduce internally and use internally the Software complete and |
| unmodified for the purpose of designing, developing, and testing your |
| Programs. |
| |
| B. License to Distribute Software. Subject to the terms and |
| conditions of this Agreement and restrictions and exceptions set forth |
| in the Software README file, including, but not limited to the Java |
| Technology Restrictions of these Supplemental Terms, Oracle grants you |
| a non-exclusive, non-transferable, limited license without fees to |
| reproduce and distribute the Software, provided that (i) you |
| distribute the Software complete and unmodified and only bundled as |
| part of, and for the sole purpose of running, your Programs, (ii) the |
| Programs add significant and primary functionality to the Software, |
| (iii) you do not distribute additional software intended to replace |
| any component(s) of the Software, (iv) you do not remove or alter any |
| proprietary legends or notices contained in the Software, (v) you only |
| distribute the Software subject to a license agreement that protects |
| Oracle's interests consistent with the terms contained in this |
| Agreement, and (vi) you agree to defend and indemnify Oracle and its |
| licensors from and against any damages, costs, liabilities, settlement |
| amounts and/or expenses (including attorneys' fees) incurred in |
| connection with any claim, lawsuit or action by any third party that |
| arises or results from the use or distribution of any and all Programs |
| and/or Software. |
| |
| C. License to Distribute Redistributables. Subject to the terms and |
| conditions of this Agreement and restrictions and exceptions set forth |
| in the Software README file, including but not limited to the Java |
| Technology Restrictions of these Supplemental Terms, Oracle grants you |
| a non-exclusive, non-transferable, limited license without fees to |
| reproduce and distribute those files specifically identified as |
| redistributable in the Software "README" file ("Redistributables") |
| provided that: (i) you distribute the Redistributables complete and |
| unmodified, and only bundled as part of Programs, (ii) the Programs |
| add significant and primary functionality to the Redistributables, |
| (iii) you do not distribute additional software intended to supersede |
| any component(s) of the Redistributables (unless otherwise specified |
| in the applicable README file), (iv) you do not remove or alter any |
| proprietary legends or notices contained in or on the |
| Redistributables, (v) you only distribute the Redistributables |
| pursuant to a license agreement that protects Oracle's interests |
| consistent with the terms contained in the Agreement, (vi) you agree |
| to defend and indemnify Oracle and its licensors from and against any |
| damages, costs, liabilities, settlement amounts and/or expenses |
| (including attorneys' fees) incurred in connection with any claim, |
| lawsuit or action by any third party that arises or results from the |
| use or distribution of any and all Programs and/or Software. |
| |
| D. Java Technology Restrictions. You may not create, modify, or |
| change the behavior of, or authorize your licensees to create, modify, |
| or change the behavior of, classes, interfaces, or subpackages that |
| are in any way identified as "java", "javax", "sun" or similar |
| convention as specified by Oracle in any naming convention |
| designation. |
| |
| E. Distribution by Publishers. This section pertains to your |
| distribution of the Software with your printed book or magazine (as |
| those terms are commonly used in the industry) relating to Java |
| technology ("Publication"). Subject to and conditioned upon your |
| compliance with the restrictions and obligations contained in the |
| Agreement, in addition to the license granted in Paragraph 1 above, |
| Oracle hereby grants to you a non-exclusive, nontransferable limited |
| right to reproduce complete and unmodified copies of the Software on |
| electronic media (the "Media") for the sole purpose of inclusion and |
| distribution with your Publication(s), subject to the following terms: |
| (i) You may not distribute the Software on a stand-alone basis; it |
| must be distributed with your Publication(s); (ii) You are responsible |
| for downloading the Software from the applicable Oracle web site; |
| (iii) You must refer to the Software as JavaTM SE Development Kit 6; |
| (iv) The Software must be reproduced in its entirety and without any |
| modification whatsoever (including, without limitation, the Binary |
| Code License and Supplemental License Terms accompanying the Software |
| and proprietary rights notices contained in the Software); (v) The |
| Media label shall include the following information: Copyright 2006, |
| 2010, Oracle Corporation All rights reserved. Use is subject to |
| license terms. Oracle, Sun, Sun Microsystems, the Sun logo, Solaris, |
| Java, the Java Coffee Cup logo, J2SE, and all trademarks and logos |
| based on Java are trademarks or registered trademarks of Oracle |
| Corporation in the U.S. and other countries. This information must |
| be placed on the Media label in such a manner as to only apply to the |
| Oracle Software; (vi) You must clearly identify the Software as |
| Oracle's product on the Media holder or Media label, and you may not |
| state or imply that Oracle is responsible for any third-party software |
| contained on the Media; (vii) You may not include any third party |
| software on the Media which is intended to be a replacement or |
| substitute for the Software; (viii) You shall indemnify Oracle for all |
| damages arising from your failure to comply with the requirements of |
| this Agreement. In addition, you shall defend, at your expense, any |
| and all claims brought against Oracle by third parties, and shall pay |
| all damages awarded by a court of competent jurisdiction, or such |
| settlement amount negotiated by you, arising out of or in connection |
| with your use, reproduction or distribution of the Software and/or the |
| Publication. Your obligation to provide indemnification under this |
| section shall arise provided that Oracle: (a) provides you prompt |
| notice of the claim; (b) gives you sole control of the defense and |
| settlement of the claim; (c) provides you, at your expense, with all |
| available information, assistance and authority to defend; and (d) has |
| not compromised or settled such claim without your prior written |
| consent; and (ix) You shall provide Oracle with a written notice for |
| each Publication; such notice shall include the following information: |
| (1) title of Publication, (2) author(s), (3) date of Publication, and |
| (4) ISBN or ISSN numbers. Such notice shall be sent to Oracle |
| Corporation, 500 Oracle Parkway, Redwood Shores, California 94065 |
| U.S.A , Attention: Contracts Administration. |
| |
| F. Source Code. Software may contain source code that, unless |
| expressly licensed for other purposes, is provided solely for |
| reference purposes pursuant to the terms of this Agreement. Source |
| code may not be redistributed unless expressly provided for in this |
| Agreement. |
| |
| G. Third Party Code. Additional copyright notices and license terms |
| applicable to portions of the Software are set forth in the |
| THIRDPARTYLICENSEREADME.txt file. In addition to any terms and |
| conditions of any third party opensource/freeware license identified |
| in the THIRDPARTYLICENSEREADME.txt file, the disclaimer of warranty |
| and limitation of liability provisions in paragraphs 5 and 6 of the |
| Binary Code License Agreement shall apply to all Software in this |
| distribution. |
| |
| H. Termination for Infringement. Either party may terminate this |
| Agreement immediately should any Software become, or in either party's |
| opinion be likely to become, the subject of a claim of infringement of |
| any intellectual property right. |
| |
| I. Installation and Auto-Update. The Software's installation and |
| auto-update processes transmit a limited amount of data to Oracle (or |
| its service provider) about those specific processes to help Oracle |
| understand and optimize them. Oracle does not associate the data with |
| personally identifiable information. You can find more information |
| about the data Oracle collects at http://java.com/data/. |
| |
| For inquiries please contact: Oracle Corporation, 500 Oracle Parkway, |
| Redwood Shores, California 94065, USA. |
