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Sun Microsystems, Inc.
Binary Code License Agreement
READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE
TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE
MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE
TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY,
INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT
THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE TERMS,
PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE FOR A REFUND
OR, IF THE SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE" BUTTON
AT THE END OF THIS AGREEMENT.
1. LICENSE TO USE. Sun grants you a non-exclusive and non-transferable
license for the internal use only of the accompanying software and
documentation and any error corrections provided by Sun (collectively
"Software"), by the number of users and the class of computer hardware for
which the corresponding fee has been paid.
2. RESTRICTIONS. Software is confidential and copyrighted. Title to
Software and all associated intellectual property rights is retained by Sun
and/or its licensors. Except as specifically authorized in any
Supplemental License Terms, you may not make copies of Software, other than
a single copy of Software for archival purposes. Unless enforcement is
prohibited by applicable law, you may not modify, decompile, or reverse
engineer Software. You acknowledge that Software is not designed, licensed
or intended for use in the design, construction, operation or maintenance
of any nuclear facility. Sun 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 Sun or its licensors is granted under
this Agreement.
3. LIMITED WARRANTY. Sun 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 Sun's entire
liability under this limited warranty will be at Sun's option to replace
Software media or refund the fee paid for Software.
4. 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.
5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO
EVENT WILL SUN 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 SUN HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun'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.
6. 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 Sun if you
fail to comply with any provision of this Agreement. Upon Termination, you
must destroy all copies of Software.
7. 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.
8. 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).
9. 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.
10. 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.
11. Integration. This Agreement is the entire agreement between you and
Sun 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.
JAVAMAIL, VERSION 1.3
SUPPLEMENTAL LICENSE TERMS
These supplemental license terms ("Supplemental Terms") add to or modify
the terms of the Binary Code License Agreement (collectively, the
"Agreement"). Capitalized terms not defined in these Supplemental Terms
shall have the same meanings ascribed to them in the Agreement. These
Supplemental Terms shall supersede any inconsistent or conflicting terms in
the Agreement, or in any license contained within the Software.
1. Software Internal Use and Development License Grant. Subject to the
terms and conditions of this Agreement, including, but not limited to
Section 3 (Java(TM) Technology Restrictions) of these Supplemental Terms,
Sun grants you a non-exclusive, non-transferable, limited license to
reproduce internally and use internally the binary form of the Software,
complete and unmodified, for the sole purpose of designing, developing and
testing your Java applets and applications ("Programs").
2. License to Distribute Software. Subject to the terms and conditions of
this Agreement, including, but not limited to Section 3 (Java (TM)
Technology Restrictions) of these Supplemental Terms, Sun grants you a
non-exclusive, non-transferable, limited license to reproduce and
distribute the Software in binary code form only, provided that (i) you
distribute the Software complete and unmodified and only bundled as part
of, and for the sole purpose of running, your Java applets or applications
("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
Sun's interests consistent with the terms contained in this Agreement, and
(vi) you agree to defend and indemnify Sun 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.
3. Java Technology Restrictions. You may not modify the Java Platform
Interface ("JPI", identified as classes contained within the "java" package
or any subpackages of the "java" package), by creating additional classes
within the JPI or otherwise causing the addition to or modification of the
classes in the JPI. In the event that you create an additional class and
associated API(s) which (i) extends the functionality of the Java platform,
and (ii) is exposed to third party software developers for the purpose of
developing additional software which invokes such additional API, you must
promptly publish broadly an accurate specification for such API for free
use by all developers. You may not create, or authorize your licensees to
create additional classes, interfaces, or subpackages that are in any way
identified as "java", "javax", "sun" or similar convention as specified by
Sun in any naming convention designation.
4. Trademarks and Logos. You acknowledge and agree as between you and Sun
that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE, STAROFFICE, STARPORTAL
and iPLANET trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE, STAROFFICE,
STARPORTAL and iPLANET-related trademarks, service marks, logos and other
brand designations ("Sun Marks"), and you agree to comply with the Sun
Trademark and Logo Usage Requirements currently located at
http://www.sun.com/policies/trademarks. Any use you make of the Sun Marks
inures to Sun's benefit.
5. Source Code. Software may contain source code that 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.
6. 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.
For inquiries please contact: Sun Microsystems, Inc., 4150 Network Circle,
Santa Clara, California 95054, U.S.A
(LFI#114176/Form ID#011801)