SUN MICROSYSTEMS, INC. SOFTWARE LICENSE AGREEMENTS
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SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE BELOW DEFINED SOFTWARE
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TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN
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THIS SOFTWARE LICENSE AGREEMENT ("AGREEMENT").
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PLEASE READ THE AGREEMENT CAREFULLY. BY DOWNLOADING OR INSTALLING THIS
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SOFTWARE, YOU ACCEPT THE FULL TERMS OF THE AGREEMENT.
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1. Definitions.
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"Software" means all the portions of the OpenDS distribution provided by Sun
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only in binary code form, and including any updates or error corrections or
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documentation provided by Sun under this Agreement.
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2. Permitted Uses.
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Subject to the terms and conditions of this Agreement and restrictions and
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exceptions set forth in the Software's documentation, Sun grants you a
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non-exclusive, non-transferable, limited license without fees to
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(a) reproduce and use internally the Software for the purposes of developing
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or running OpenDS or modified versions of OpenDS.
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(b) reproduce and distribute the Software (and also portions of Software
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identified as Redistributable in the documentation accompanying Software),
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provided that you
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(i) distribute the Software or Redistributables bundled as part of, and for
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the sole purpose of running, OpenDS or modified versions of OpenDS;
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(ii) do not remove or alter any proprietary legends or notices contained in
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or on the Software or Redistributables,
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(iii) only distribute the Software or Redistributables subject to a license
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agreement that protects Sun's interests consistent with the terms contained in
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this Agreement, and
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(iv) you agree to defend and indemnify Sun and its licensors from and against
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any damages, costs, liabilities, settlement amounts and/or expenses (including
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attorneys' fees) incurred in connection with any claim, lawsuit or action by
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any third party that arises or results from the use or distribution of any and
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all Programs, Software, or Redistributables.
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3. Restrictions.
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(a) The copies of Software provided to you under this Agreement is licensed,
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not sold, to you by Sun. Sun reserves all rights not expressly granted.
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(b) You may not modify Software. However if the documentation accompanying
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Software lists specific portions of Software, such as header files, class
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libraries, reference source code, and/or redistributable files, that may be
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handled differently, you may do so only as provided in the documentation.
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(c) You may not rent, lease, lend or encumber Software.
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(d) you do not remove or alter any proprietary legends or notices contained
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in the Software,
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(e) Unless enforcement is prohibited by applicable law, you may not decompile,
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or reverse engineer Software.
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(f) The terms and conditions of this Agreement will apply to any Software
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updates, provided to you at Sun's discretion, that replace and/or supplement
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the original Software, unless such update contains a separate license.
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(g) Software is confidential and copyrighted.
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(h) Software is not designed, licensed or intended for use in the design,
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construction, operation or maintenance of any nuclear facility and Sun and
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its licensors disclaim any express or implied warranty of fitness for such uses.
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(i) No right, title or interest in or to any trademark, service mark, logo or
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trade name of Sun or its licensors is granted under this Agreement.
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(j) If your Permitted Use in this Agreement permits the distribution Software
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or portions of the Software, you may only distribute the Software subject to
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a license agreement that protects Sun's interests consistent with the terms
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contained in this Agreement.
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4. Java Compatibility and Open Source.
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Software may contain Java technology. You may not create additional classes
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to, or modifications of, the Java technology, except under compatibility
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requirements available under a separate agreement available at www.java.net.
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Sun supports and benefits from the global community of open source developers,
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and thanks the community for its important contributions and open
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standards-based technology, which Sun has adopted into many of its products.
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Please note that portions of Software may be provided with notices and open
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source licenses from such communities and third parties that govern the use of
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those portions, and any licenses granted hereunder do not alter any rights and
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obligations you may have under such open source licenses, however, the
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disclaimer of warranty and limitation of liability provisions in this Agreement
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will apply to all Software in this distribution.
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5. Term and Termination.
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The Agreement is effective on the Date you receive the Software and remains
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effective until terminated. Your rights under this Agreement will terminate
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immediately without notice from Sun if you materially breach it or take any
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action in derogation of Sun's and/or its licensors' rights to Software. Sun
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may terminate this Agreement should any Software become, or in Sun's reasonable
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opinion likely to become, the subject of a claim of intellectual property
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infringement or trade secret misappropriation. Upon termination, you will
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cease use of, and destroy, Software and confirm compliance in writing to Sun.
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Sections 1, 3, 4, 5, and 7-13 will survive termination of the Agreement.
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6. Limited Warranty.
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Sun warrants to you that for a period of 90 days from the date of receipt, the
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media on which Software is furnished (if any) will be free of defects in
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materials and workmanship under normal use. Except for the foregoing, Software
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is provided "AS IS". Your exclusive remedy and Sun's entire liability under this
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limited warranty will be at Sun's option to replace Software media or refund the
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fee paid for Software. Some states do not allow limitations on certain implied
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warranties, so the above may not apply to you. This limited warranty gives you
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specific legal rights. You may have others, which vary from state to state.
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7. Disclaimer of Warranty.
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UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,
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REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF
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MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE
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DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY
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INVALID.
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8. Limitation of Liability.
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TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE
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LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT,
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CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE
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THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE
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SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no
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event will Sun's liability to you, whether in contract, tort (including
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negligence), or otherwise, exceed the amount paid by you for Software under this
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Agreement. The foregoing limitations will apply even if the above stated
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warranty fails of its essential purpose. Some states do not allow the exclusion
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of incidental or consequential damages, so some of the terms above may not be
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applicable to you.
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9. Export Regulations.
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All Software, documents, technical data, and any other materials delivered under
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this Agreement are subject to U.S. export control laws and may be subject to
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export or import regulations in other countries. You agree to comply strictly
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with these laws and regulations and acknowledge that you have the responsibility
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to obtain any licenses to export, re-export, or import as may be required after
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delivery to you.
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10. U.S. Government Restricted Rights.
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If Software is being acquired by or on behalf of the U.S. Government or by a
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U.S. Government prime contractor or subcontractor (at any tier), then the
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Government's rights in Software and accompanying documentation will be only as
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set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through
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227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101
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and 12.212 (for non-DOD acquisitions).
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11. Governing Law.
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Any action related to this Agreement will be governed by California law and
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controlling U.S. federal law. No choice of law rules of any jurisdiction will
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apply.
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12. Severability.
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If any provision of this Agreement is held to be unenforceable, this Agreement
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will remain in effect with the provision omitted, unless omission would
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frustrate the intent of the parties, in which case this Agreement will
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immediately terminate.
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13. Integration.
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This Agreement is the entire agreement between you and Sun relating to its
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subject matter. It supersedes all prior or contemporaneous oral or written
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communications, proposals, representations and warranties and prevails over any
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conflicting or additional terms of any quote, order, acknowledgment, or other
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communication between the parties relating to its subject matter during the term
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of this Agreement. No modification of this Agreement will be binding, unless in
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writing and signed by an authorized representative of each party.
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