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JavaBeans Activation Framework 1.1 License

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  1.  
  2. A. Sun Microsystems, Inc. ("Sun") ENTITLEMENT for
  3. SOFTWARE
  4.  
  5. Licensee/Company: Entity receiving Software.
  6.  
  7. Effective Date: Date of delivery of the Software to
  8. You.
  9.  
  10. Software: JavaBeans Activation Framework 1.1.
  11.  
  12. License Term: Perpetual (subject to termination under
  13. the SLA).
  14.  
  15. Licensed Unit: Software Copy.
  16.  
  17. Licensed unit Count: Unlimited.
  18.  
  19. Permitted Uses:
  20.  
  21. 1. You may reproduce and use the Software for
  22. Individual, Commercial,
  23. or Research and Instructional Use for the purposes of
  24. designing,
  25. developing, testing, and running Your applets and
  26. application("Programs").
  27.  
  28. 2. Subject to the terms and conditions of this
  29. Agreement and
  30. restrictions and exceptions set forth in the
  31. Software's documentation,
  32. You may reproduce and distribute portions of Software
  33. identified as a
  34. redistributable in the documentation
  35. ("Redistributable"), provided
  36. that:
  37.  
  38. (a) you distribute Redistributable complete and
  39. un modified and only
  40. bundled as part of Your Programs,
  41.  
  42. (b) your Programs add significant and primary
  43. functionality to the
  44. Redistributable,
  45.  
  46. (c) you distribute Redistributable for the sole
  47. purpose of running your
  48. Programs,
  49.  
  50. (d) you do not distribute additional software intended
  51. to replace any
  52. component(s) of the Redistributable,
  53.  
  54. (e) you do not remove or alter any proprietary legends
  55. or notices
  56. contained in or on the Redistributable.
  57.  
  58. (f) you only distribute the Redistributable subject to
  59. a license
  60. agreement that protects Sun's interests consistent
  61. with the terms
  62. contained in this Agreement, and
  63.  
  64. (g) you agree to defend and indemnify Sun and its
  65. licensors from and
  66. against any damages, costs, liabilities, settlement
  67. amounts and/or
  68. expenses (including attorneys' fees) incurred in
  69. connection with any
  70. claim, lawsuit or action by any third party that
  71. arises or results from
  72. the use or distribution of any a nd all Programs and/or
  73. Redistributable.
  74.  
  75. 3. Java Technology Restrictions. You may not create,
  76. modify, or change
  77. the behavior of, or authorize your licensees to
  78. create, modify, or
  79. change the behavior of, classes, interfaces, or
  80. subpackages that are in
  81. any way identified as "java", "javax", "sun" or
  82. similar convention as
  83. specified by Sun in any naming convention designation.
  84.  
  85. B. Sun Microsystems, Inc. ("Sun")
  86. SOFTWARE LICENSE AGREEMENT
  87.  
  88. READ THE TERMS OF THIS AGREEMENT ("AGREEMENT")
  89. CAREFULLY BEFORE OPENING
  90. SOFTWARE MEDIA PACKAGE. BY OPENING SOFTWARE MEDIA
  91. PACKAGE, YOU AGREE TO
  92. THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING
  93. SOFTWARE
  94. ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE
  95. TERMS BY SELECTING
  96. THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF
  97. YOU DO NOT AGREE
  98. TO ALL OF THE TERMS, PROMPTLY RETURN THE UNUSED
  99. SOFTWARE TO YOUR PLACE
  100. OF PURCHASE FOR A REFUND OR, IF SOFTWARE IS ACCESSED
  101. ELECTRONICALLY,< br>SELECT THE "DECLINE" (OR "EXIT") BUTTON AT THE END OF
  102. THIS AGREEMENT.
  103. IF YOU HAVE SEPARATELY AGREED TO LICENSE TERMS
  104. ("MASTER TERMS") FOR
  105. YOUR LICENSE TO THIS SOFTWARE, THEN SECTIONS 1-5 OF
  106. THIS AGREEMENT
  107. ("SUPPLEMENTAL LICENSE TER MS") SHALL SUPPLEMENT AND
  108. SUPERSEDE THE
  109. MASTER TERMS IN RELATION TO THIS SOFTWARE.
  110.  
  111. 1. Definitions.
  112.  
  113. (a) "Entitlement" means the collective set of
  114. applicable documents
  115. authorized by Sun evidencing your obligation to pay
  116. associated fees (if
  117. any) for the license, associated Services, and the
  118. authorized scope of
  119. use of Software under this Agreement.
  120.  
  121. (b) "Licensed Unit" means the unit of measure by
  122. which your use of
  123. Software and/or Service is licensed, as described in
  124. your Entitlement.
  125.  
  126. (c) "Permitted Use" means the licensed Software
  127. use(s) authorized
  128. in this Agreement as specified in your Entitlement.
  129. The Permitted Use
  130. for any bundled Sun software not specified in your
  131. Entitlement will be
  132. evaluation use as provided in Section 3.
  133.  
  134. (d) "Service" means the service(s) that Sun or its
  135. delegate will
  136. provide, if any, as selected in your Entitlement and
  137. as further
  138. described in the applicable service listings at
  139. www.sun.com/service/servicelist.
  140.  
  141. (e) "Software" means the Sun software described in
  142. your
  143. Entitlement. Also, certain software may be included
  144. for evaluation use
  145. under Section 3.
  146.  
  147. (f) "You" and "Your " means the individual or legal
  148. entity specified
  149. in the Entitlement, or for evaluation purposes, the
  150. entity performing
  151. the evaluation.
  152.  
  153. 2. License Grant and Entitlement.
  154.  
  155. Subject to the terms of your Entitlement, Sun grants
  156. you a
  157. nonexclusive, nontransferable limited license to use
  158. Software for its
  159. Permitted Use for the license term. Your Entitlement
  160. will specify (a)
  161. Software licensed, (b) the Permitted Use, (c) the
  162. license term, and (d)
  163. the Licen sed Units.
  164.  
  165. Additionally, if your Entitlement includes Services,
  166. then it will also
  167. specify the (e) Service and (f) service term.
  168.  
  169. If your rights to Software or Services are limited in
  170. duration and the
  171. date such rights begin is ot her than the purchase
  172. date, your
  173. Entitlement will provide that beginning date(s).
  174.  
  175. The Entitlement may be delivered to you in various
  176. ways depending on
  177. the manner in which you obtain Software and Services,
  178. for example, the
  179. Entit lement may be provided in your receipt, invoice
  180. or your contract
  181. with Sun or authorized Sun reseller. It may also be in
  182. electronic
  183. format if you download Software.
  184.  
  185. 3. Permitted Use.
  186.  
  187. As selected in your Entitlement, one or more of the
  188. following Permitted
  189. Uses will apply to your use of Software. Unless you
  190. have an Entitlement
  191. that expressly permits it, you may not use Software
  192. for any of the
  193. other Permitted Uses. If you don't have an
  194. Entitlement, or if your
  195. Entitlement doesn't cover additional software
  196. delivered to you, then
  197. such software is for your Evaluation Use.
  198.  
  199. (a) Evaluation Use. You may evaluate Software
  200. internally for a period
  201. of 90 days from your first use.
  202.  
  203. (b) Research and Instructional Use. You may use
  204. Software internally to
  205. design, develop and test, and also to provide
  206. instruction on such
  207. uses.
  208.  
  209. (c) Individual Use. You may use Software internally
  210. for personal,
  211. individual use.
  212. (d) Commercial Use. You may use Software internally
  213. for your own
  214. commercial purposes.
  215.  
  216. (e) Service Provider Use. You may make Software
  217. functionality
  218. accessible (but not by providing Software itself or
  219. through outsourcing
  220. servi ces) to your end users in an extranet deployment,
  221. but not to your
  222. affiliated companies or to government agencies.
  223.  
  224. 4. Licensed Units.
  225.  
  226. Your Permitted Use is limited to the number of
  227. Licensed Units stated in
  228. your Entitlement. If you require additional Licensed
  229. Units, you will
  230. need additional Entitlement(s).
  231.  
  232. 5.      Restrictions.
  233.  
  234. (a) The copies of Software provided to you under this
  235. Agreement are
  236. licensed, not sold, to you by Sun. Sun reserves all
  237. ri ghts not
  238. expressly granted. (b) You may make a single archival
  239. copy of Software,
  240. but otherwise may not copy, modify, or distribute
  241. Software. However if
  242. the Sun documentation accompanying Software lists
  243. specific portions of
  244. Software , such as header files, class libraries,
  245. reference source code,
  246. and/or redistributable files, that may be handled
  247. differently, you may
  248. do so only as provided in the Sun documentation. (c)
  249. You may not rent,
  250. lease, lend or encumber Soft ware. (d) Unless
  251. enforcement is prohibited
  252. by applicable law, you may not decompile, or reverse
  253. engineer
  254. Software. (e) The terms and conditions of this
  255. Agreement will apply to
  256. any Software updates, provided to you at Sun's
  257. discre tion, that replace
  258. and/or supplement the original Software, unless such
  259. update contains a
  260. separate license. (f) You may not publish or provide
  261. the results of any
  262. benchmark or comparison tests run on Software to any
  263. third party
  264. with out the prior written consent of Sun. (g) Software
  265. is confidential
  266. and copyrighted. (h) Unless otherwise specified, if
  267. Software is
  268. delivered with embedded or bundled software that
  269. enables functionality
  270. of Software, you may not use suc h software on a
  271. stand-alone basis or
  272. use any portion of such software to interoperate with
  273. any program(s)
  274. other than Software. (i) Software may contain
  275. programs that perform
  276. automated collection of system data and/or automated
  277. so ftware updating
  278. services. System data collected through such programs
  279. may be used by
  280. Sun, its subcontractors, and its service delivery
  281. partners for the
  282. purpose of providing you with remote system services
  283. and/or improving
  284. Sun's sof tware and systems. (j) Software is not
  285. designed, licensed or
  286. intended for use in the design, construction,
  287. operation or maintenance
  288. of any nuclear facility and Sun and its licensors
  289. disclaim any express
  290. or implied warranty of fitness for such uses. (k) No
  291. right, title or
  292. interest in or to any trademark, service mark, logo or
  293. trade name of
  294. Sun or its licensors is granted under this Agreement.
  295.  
  296. 6.      Term and Termination.
  297.  
  298. The license and service term are set for th in your
  299. Entitlement(s). Your
  300. rights under this Agreement will terminate immediately
  301. without notice
  302. from Sun if you materially breach it or take any
  303. action in derogation
  304. of Sun's and/or its licensors' rights to Software. Sun
  305. may terminate
  306. this Agreement should any Software become, or in Sun's
  307. reasonable
  308. opinion likely to become, the subject of a claim of
  309. intellectual
  310. property infringement or trade secret
  311. misappropriation. Upon
  312. termination, you will cease use of, and destroy,
  313. Software and confirm
  314. compliance in writing to Sun. Sections 1, 5, 6, 7, and
  315. 9-15 will
  316. survive termination of the Agreement.
  317.  
  318. 7. Java Compatibility and Open Source.
  319.  
  320. Software may contain Java technology. You may not
  321. create additional
  322. classes to, or modifications of, the Java technology,
  323. except under
  324. compatibility requirements available under a separate
  325. agreement
  326. available at www.java.net.
  327.  
  328. Sun supports and benefits from the glob al community of
  329. open source
  330. developers, and thanks the community for its important
  331. contributions
  332. and open standards-based technology, which Sun has
  333. adopted into many of
  334. its products.
  335.  
  336. Please note that portions of Software may be provided
  337. with notices and
  338. open source licenses from such communities and third
  339. parties that
  340. govern the use of those portions, and any licenses
  341. granted hereunder do
  342. not alter any rights and obligations you may have
  343. under such open
  344. source licenses, however, the disclaimer of warranty
  345. and limitation of
  346. liability provisions in this Agreement will apply to
  347. all Software in
  348. this distribution.
  349.  
  350. 8. Limited Warranty.
  351.  
  352. Sun warrants to you that for a period of 90 days from
  353. the date of
  354. purchase, as evidenced by a copy of the receipt, the
  355. media on which
  356. Software is furnished (if any) will be free of defects
  357. in materials and
  358. workmanship under normal use. Except for the
  359. foregoing, Softwa re is
  360. provided "AS IS". Your exclusive remedy and Sun's
  361. entire liability
  362. under this limited warranty will be at Sun's option to
  363. replace Software
  364. media or refund the fee paid for Software. Some states
  365. do not allow
  366. limitations on cer tain implied warranties, so the
  367. above may not apply
  368. to you. This limited warranty gives you specific legal
  369. rights. You may
  370. have others, which vary from state to state.
  371.  
  372. 9. Disclaimer of Warranty.
  373.  
  374. UNLESS SPECIFIED IN THIS AG REEMENT, ALL EXPRESS OR
  375. IMPLIED CONDITIONS,
  376. REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED
  377. WARRANTY OF
  378. MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
  379. NON-INFRINGEMENT
  380. ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE
  381. DI SCLAIMERS ARE HELD TO
  382. BE LEGALLY INVALID.
  383.  
  384. 10. Limitation of Liability.
  385.  
  386. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL
  387. SUN OR ITS
  388. LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR
  389. DATA, OR FOR
  390. SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR
  391. PUNITIVE DAMAGES,
  392. HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY,
  393. ARISING OUT OF OR
  394. RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE,
  395. EVEN IF SUN HAS
  396. BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES . In no
  397. event will Sun's
  398. liability to you, whether in contract, tort (including
  399. negligence), or
  400. otherwise, exceed the amount paid by you for Software
  401. under this
  402. Agreement. The foregoing limitations will apply even
  403. if the above
  404. stated warranty fails of its essential purpose. Some
  405. states do not
  406. allow the exclusion of incidental or consequential
  407. damages, so some of
  408. the terms above may not be applicable to you.
  409.  
  410. 11. Export Regulations.
  411.  
  412. All Software, d ocuments, technical data, and any other
  413. materials
  414. delivered under this Agreement are subject to U.S.
  415. export control laws
  416. and may be subject to export or import regulations in
  417. other countries.
  418. You agree to comply strictly with these la ws and
  419. regulations and
  420. acknowledge that you have the responsibility to obtain
  421. any licenses to
  422. export, re-export, or import as may be required after
  423. delivery to you.
  424.  
  425. 12. U.S. Government Restricted Rights.
  426.  
  427. If Software is being acquired by or on behalf of the
  428. U.S. Government or
  429. by a U.S. Government prime contractor or subcontractor
  430. (at any tier),
  431. then the Government's rights in Software and
  432. accompanying documentation
  433. will be only as set forth in this A greement; this is
  434. in accordance with
  435. 48 CFR 227.7201 through 227.7202-4 (for Department of
  436. Defense (DOD)
  437. acquisitions) and with 48 CFR 2.101 and 12.212 (for
  438. non-DOD
  439. acquisitions).
  440.  
  441. 13. Governing Law.
  442.  
  443. Any action relate d to this Agreement will be governed
  444. by California law
  445. and controlling U.S. federal law. No choice of law
  446. rules of any
  447. jurisdiction will apply.
  448.  
  449. 14. Severability.
  450.  
  451. If any provision of this Agreement is held to be
  452. unenforc eable, this
  453. Agreement will remain in effect with the provision
  454. omitted, unless
  455. omission would frustrate the intent of the parties, in
  456. which case this
  457. Agreement will immediately terminate.
  458.  
  459. 15. Integration.
  460.  
  461. This Agreement, including any terms contained in your
  462. Entitlement, is
  463. the entire agreement between you and Sun relating to
  464. its subject
  465. matter. It supersedes all prior or contemporaneous
  466. oral or written
  467. communications, proposals, representations and
  468. warranties and prevails
  469. over any conflicting or additional terms of any quote,
  470. order,
  471. acknowledgment, or other communication between the
  472. parties relating to
  473. its subject matter during the term of this Agreement.
  474. No modification
  475. of this Agreement will be binding, unless in writing
  476. and signed by an
  477. authorized representative of each party.
  478.  
  479. Please contact Sun Microsystems, Inc. 4150 Network
  480. Circle, Santa Clara,
  481. California 95054 if you have questions.
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