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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. Licensee acknowledges that
-Licensed Software is not designed or intended for
-use in the design, construction, operation or
-maintenance of any nuclear facility. Sun
-Microsystems, Inc. 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.
-
-JAVA(TM) OPTIONAL PACKAGE
-JMX(TM), VERSION 1.2
-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 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. In addition to
-the license granted in Section 1 (Software
-Internal Use and Development License Grant) of
-these Supplemental Terms, subject to the terms and
-conditions of this Agreement, including but not
-limited to, Section 3 (Java 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
-you (i) distribute the Software complete and
-unmodified and only bundled as part of your
-Programs, (ii) do not distribute additional
-software intended to replace any component(s) of
-the Software, (iii) do not remove or alter any
-proprietary legends or notices contained in the
-Software, (iv) only distribute the Software
-subject to a license agreement that protects Sun's
-interests consistent with the terms contained in
-this Agreement, and (v) 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, and iPLANET trademarks
-and all SUN, SOLARIS, JAVA, JINI, FORTE, 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#135010Form ID#011801)