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- A. Sun Microsystems, Inc. ("Sun") ENTITLEMENT for
- SOFTWARE
- Licensee/Company: Entity receiving Software.
- Effective Date: Date of delivery of the Software to
- You.
- Software: JavaBeans Activation Framework 1.1.
- License Term: Perpetual (subject to termination under
- the SLA).
- Licensed Unit: Software Copy.
- Licensed unit Count: Unlimited.
- Permitted Uses:
- 1. You may reproduce and use the Software for
- Individual, Commercial,
- or Research and Instructional Use for the purposes of
- designing,
- developing, testing, and running Your applets and
- application("Programs").
- 2. Subject to the terms and conditions of this
- Agreement and
- restrictions and exceptions set forth in the
- Software's documentation,
- You may reproduce and distribute portions of Software
- identified as a
- redistributable in the documentation
- ("Redistributable"), provided
- that:
- (a) you distribute Redistributable complete and
- un modified and only
- bundled as part of Your Programs,
- (b) your Programs add significant and primary
- functionality to the
- Redistributable,
- (c) you distribute Redistributable for the sole
- purpose of running your
- Programs,
- (d) you do not distribute additional software intended
- to replace any
- component(s) of the Redistributable,
- (e) you do not remove or alter any proprietary legends
- or notices
- contained in or on the Redistributable.
- (f) you only distribute the Redistributable subject to
- a license
- agreement that protects Sun's interests consistent
- with the terms
- contained in this Agreement, and
- (g) 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 a nd all Programs and/or
- Redistributable.
- 3. 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 Sun in any naming convention designation.
- B. Sun Microsystems, Inc. ("Sun")
- SOFTWARE LICENSE AGREEMENT
- READ THE TERMS OF THIS AGREEMENT ("AGREEMENT")
- CAREFULLY BEFORE OPENING
- SOFTWARE MEDIA PACKAGE. BY OPENING SOFTWARE MEDIA
- PACKAGE, YOU AGREE TO
- THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING
- 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 OF THE TERMS, PROMPTLY RETURN THE UNUSED
- SOFTWARE TO YOUR PLACE
- OF PURCHASE FOR A REFUND OR, IF SOFTWARE IS ACCESSED
- ELECTRONICALLY,< br>SELECT THE "DECLINE" (OR "EXIT") BUTTON AT THE END OF
- THIS AGREEMENT.
- IF YOU HAVE SEPARATELY AGREED TO LICENSE TERMS
- ("MASTER TERMS") FOR
- YOUR LICENSE TO THIS SOFTWARE, THEN SECTIONS 1-5 OF
- THIS AGREEMENT
- ("SUPPLEMENTAL LICENSE TER MS") SHALL SUPPLEMENT AND
- SUPERSEDE THE
- MASTER TERMS IN RELATION TO THIS SOFTWARE.
- 1. Definitions.
- (a) "Entitlement" means the collective set of
- applicable documents
- authorized by Sun evidencing your obligation to pay
- associated fees (if
- any) for the license, associated Services, and the
- authorized scope of
- use of Software under this Agreement.
- (b) "Licensed Unit" means the unit of measure by
- which your use of
- Software and/or Service is licensed, as described in
- your Entitlement.
- (c) "Permitted Use" means the licensed Software
- use(s) authorized
- in this Agreement as specified in your Entitlement.
- The Permitted Use
- for any bundled Sun software not specified in your
- Entitlement will be
- evaluation use as provided in Section 3.
- (d) "Service" means the service(s) that Sun or its
- delegate will
- provide, if any, as selected in your Entitlement and
- as further
- described in the applicable service listings at
- www.sun.com/service/servicelist.
- (e) "Software" means the Sun software described in
- your
- Entitlement. Also, certain software may be included
- for evaluation use
- under Section 3.
- (f) "You" and "Your " means the individual or legal
- entity specified
- in the Entitlement, or for evaluation purposes, the
- entity performing
- the evaluation.
- 2. License Grant and Entitlement.
- Subject to the terms of your Entitlement, Sun grants
- you a
- nonexclusive, nontransferable limited license to use
- Software for its
- Permitted Use for the license term. Your Entitlement
- will specify (a)
- Software licensed, (b) the Permitted Use, (c) the
- license term, and (d)
- the Licen sed Units.
- Additionally, if your Entitlement includes Services,
- then it will also
- specify the (e) Service and (f) service term.
- If your rights to Software or Services are limited in
- duration and the
- date such rights begin is ot her than the purchase
- date, your
- Entitlement will provide that beginning date(s).
- The Entitlement may be delivered to you in various
- ways depending on
- the manner in which you obtain Software and Services,
- for example, the
- Entit lement may be provided in your receipt, invoice
- or your contract
- with Sun or authorized Sun reseller. It may also be in
- electronic
- format if you download Software.
- 3. Permitted Use.
- As selected in your Entitlement, one or more of the
- following Permitted
- Uses will apply to your use of Software. Unless you
- have an Entitlement
- that expressly permits it, you may not use Software
- for any of the
- other Permitted Uses. If you don't have an
- Entitlement, or if your
- Entitlement doesn't cover additional software
- delivered to you, then
- such software is for your Evaluation Use.
- (a) Evaluation Use. You may evaluate Software
- internally for a period
- of 90 days from your first use.
- (b) Research and Instructional Use. You may use
- Software internally to
- design, develop and test, and also to provide
- instruction on such
- uses.
- (c) Individual Use. You may use Software internally
- for personal,
- individual use.
- (d) Commercial Use. You may use Software internally
- for your own
- commercial purposes.
- (e) Service Provider Use. You may make Software
- functionality
- accessible (but not by providing Software itself or
- through outsourcing
- servi ces) to your end users in an extranet deployment,
- but not to your
- affiliated companies or to government agencies.
- 4. Licensed Units.
- Your Permitted Use is limited to the number of
- Licensed Units stated in
- your Entitlement. If you require additional Licensed
- Units, you will
- need additional Entitlement(s).
- 5. Restrictions.
- (a) The copies of Software provided to you under this
- Agreement are
- licensed, not sold, to you by Sun. Sun reserves all
- ri ghts not
- expressly granted. (b) You may make a single archival
- copy of Software,
- but otherwise may not copy, modify, or distribute
- Software. However if
- the Sun documentation accompanying Software lists
- specific portions of
- Software , such as header files, class libraries,
- reference source code,
- and/or redistributable files, that may be handled
- differently, you may
- do so only as provided in the Sun documentation. (c)
- You may not rent,
- lease, lend or encumber Soft ware. (d) Unless
- enforcement is prohibited
- by applicable law, you may not decompile, or reverse
- engineer
- Software. (e) The terms and conditions of this
- Agreement will apply to
- any Software updates, provided to you at Sun's
- discre tion, that replace
- and/or supplement the original Software, unless such
- update contains a
- separate license. (f) You may not publish or provide
- the results of any
- benchmark or comparison tests run on Software to any
- third party
- with out the prior written consent of Sun. (g) Software
- is confidential
- and copyrighted. (h) Unless otherwise specified, if
- Software is
- delivered with embedded or bundled software that
- enables functionality
- of Software, you may not use suc h software on a
- stand-alone basis or
- use any portion of such software to interoperate with
- any program(s)
- other than Software. (i) Software may contain
- programs that perform
- automated collection of system data and/or automated
- so ftware updating
- services. System data collected through such programs
- may be used by
- Sun, its subcontractors, and its service delivery
- partners for the
- purpose of providing you with remote system services
- and/or improving
- Sun's sof tware and systems. (j) Software is not
- designed, licensed or
- intended for use in the design, construction,
- operation or maintenance
- of any nuclear facility and Sun and its licensors
- disclaim any express
- or implied warranty of fitness for such uses. (k) 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.
- 6. Term and Termination.
- The license and service term are set for th in your
- Entitlement(s). Your
- rights under this Agreement will terminate immediately
- without notice
- from Sun if you materially breach it or take any
- action in derogation
- of Sun's and/or its licensors' rights to Software. Sun
- may terminate
- this Agreement should any Software become, or in Sun's
- reasonable
- opinion likely to become, the subject of a claim of
- intellectual
- property infringement or trade secret
- misappropriation. Upon
- termination, you will cease use of, and destroy,
- Software and confirm
- compliance in writing to Sun. Sections 1, 5, 6, 7, and
- 9-15 will
- survive termination of the Agreement.
- 7. Java Compatibility and Open Source.
- Software may contain Java technology. You may not
- create additional
- classes to, or modifications of, the Java technology,
- except under
- compatibility requirements available under a separate
- agreement
- available at www.java.net.
- Sun supports and benefits from the glob al community of
- open source
- developers, and thanks the community for its important
- contributions
- and open standards-based technology, which Sun has
- adopted into many of
- its products.
- Please note that portions of Software may be provided
- with notices and
- open source licenses from such communities and third
- parties that
- govern the use of those portions, and any licenses
- granted hereunder do
- not alter any rights and obligations you may have
- under such open
- source licenses, however, the disclaimer of warranty
- and limitation of
- liability provisions in this Agreement will apply to
- all Software in
- this distribution.
- 8. Limited Warranty.
- Sun warrants to you that for a period of 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, Softwa re 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. Some states
- do not allow
- limitations on cer tain implied warranties, 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.
- 9. Disclaimer of Warranty.
- UNLESS SPECIFIED IN THIS AG REEMENT, 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
- DI SCLAIMERS ARE HELD TO
- BE LEGALLY INVALID.
- 10. 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. Some
- states do not
- allow the exclusion of incidental or consequential
- damages, so some of
- the terms above may not be applicable to you.
- 11. Export Regulations.
- All Software, d ocuments, technical data, and any other
- materials
- delivered under this Agreement are subject to U.S.
- export control laws
- and may be subject to export or import regulations in
- other countries.
- You agree to comply strictly with these la ws and
- regulations and
- acknowledge that you have the responsibility to obtain
- any licenses to
- export, re-export, or import as may be required after
- delivery to you.
- 12. 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 A greement; 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).
- 13. Governing Law.
- Any action relate d 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.
- 14. Severability.
- If any provision of this Agreement is held to be
- unenforc eable, 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.
- 15. Integration.
- This Agreement, including any terms contained in your
- Entitlement, 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.
- Please contact Sun Microsystems, Inc. 4150 Network
- Circle, Santa Clara,
- California 95054 if you have questions.
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