| New file |
| | |
| | | CDDL HEADER START |
| | | |
| | | The contents of this file are subject to the terms of the |
| | | Common Development and Distribution License, Version 1.0 only |
| | | (the "License"). You may not use this file except in compliance |
| | | with the License. |
| | | |
| | | You can obtain a copy of the license at |
| | | trunk/opends/resource/legal-notices/CDDLv1_0.txt |
| | | or http://forgerock.org/license/CDDLv1.0.html. |
| | | See the License for the specific language governing permissions |
| | | and limitations under the License. |
| | | |
| | | When distributing Covered Code, include this CDDL HEADER in each |
| | | file and include the License file at |
| | | trunk/opends/resource/legal-notices/CDDLv1_0.txt. If applicable, |
| | | add the following below this CDDL HEADER, with the fields enclosed |
| | | by brackets "[]" replaced with your own identifying information: |
| | | Portions Copyright [yyyy] [name of copyright owner] |
| | | |
| | | CDDL HEADER END |
| | | |
| | | |
| | | Copyright 2009-2010 Sun Microsystems, Inc. |
| | | Portions Copyright 2010-2011 ForgeRock AS |
| | | |
| | | -------------------------------------------------------------------- |
| | | |
| | | |
| | | Unless otherwise noted, all files in this distribution are released |
| | | under the Common Development and Distribution License (CDDL). |
| | | Exceptions are noted within the associated source files. |
| | | |
| | | -------------------------------------------------------------------- |
| | | |
| | | |
| | | COMMON DEVELOPMENT AND DISTRIBUTION LICENSE Version 1.0 |
| | | |
| | | 1. Definitions. |
| | | |
| | | 1.1. "Contributor" means each individual or entity that creates |
| | | or contributes to the creation of Modifications. |
| | | |
| | | 1.2. "Contributor Version" means the combination of the Original |
| | | Software, prior Modifications used by a Contributor (if any), |
| | | and the Modifications made by that particular Contributor. |
| | | |
| | | 1.3. "Covered Software" means (a) the Original Software, or (b) |
| | | Modifications, or (c) the combination of files containing |
| | | Original Software with files containing Modifications, in |
| | | each case including portions thereof. |
| | | |
| | | 1.4. "Executable" means the Covered Software in any form other |
| | | than Source Code. |
| | | |
| | | 1.5. "Initial Developer" means the individual or entity that first |
| | | makes Original Software available under this License. |
| | | |
| | | 1.6. "Larger Work" means a work which combines Covered Software or |
| | | portions thereof with code not governed by the terms of this |
| | | License. |
| | | |
| | | 1.7. "License" means this document. |
| | | |
| | | 1.8. "Licensable" means having the right to grant, to the maximum |
| | | extent possible, whether at the time of the initial grant or |
| | | subsequently acquired, any and all of the rights conveyed |
| | | herein. |
| | | |
| | | 1.9. "Modifications" means the Source Code and Executable form of |
| | | any of the following: |
| | | |
| | | A. Any file that results from an addition to, deletion from or |
| | | modification of the contents of a file containing Original |
| | | Software or previous Modifications; |
| | | |
| | | B. Any new file that contains any part of the Original |
| | | Software or previous Modifications; or |
| | | |
| | | C. Any new file that is contributed or otherwise made |
| | | available under the terms of this License. |
| | | |
| | | 1.10. "Original Software" means the Source Code and Executable |
| | | form of computer software code that is originally released |
| | | under this License. |
| | | |
| | | 1.11. "Patent Claims" means any patent claim(s), now owned or |
| | | hereafter acquired, including without limitation, method, |
| | | process, and apparatus claims, in any patent Licensable by |
| | | grantor. |
| | | |
| | | 1.12. "Source Code" means (a) the common form of computer software |
| | | code in which modifications are made and (b) associated |
| | | documentation included in or with such code. |
| | | |
| | | 1.13. "You" (or "Your") means an individual or a legal entity |
| | | exercising rights under, and complying with all of the terms |
| | | of, this License. For legal entities, "You" includes any |
| | | entity which controls, is controlled by, or is under common |
| | | control with You. For purposes of this definition, |
| | | "control" means (a) the power, direct or indirect, to cause |
| | | the direction or management of such entity, whether by |
| | | contract or otherwise, or (b) ownership of more than fifty |
| | | percent (50%) of the outstanding shares or beneficial |
| | | ownership of such entity. |
| | | |
| | | 2. License Grants. |
| | | |
| | | 2.1. The Initial Developer Grant. |
| | | |
| | | Conditioned upon Your compliance with Section 3.1 below and |
| | | subject to third party intellectual property claims, the Initial |
| | | Developer hereby grants You a world-wide, royalty-free, |
| | | non-exclusive license: |
| | | |
| | | (a) under intellectual property rights (other than patent or |
| | | trademark) Licensable by Initial Developer, to use, |
| | | reproduce, modify, display, perform, sublicense and |
| | | distribute the Original Software (or portions thereof), |
| | | with or without Modifications, and/or as part of a Larger |
| | | Work; and |
| | | |
| | | (b) under Patent Claims infringed by the making, using or |
| | | selling of Original Software, to make, have made, use, |
| | | practice, sell, and offer for sale, and/or otherwise |
| | | dispose of the Original Software (or portions thereof). |
| | | |
| | | (c) The licenses granted in Sections 2.1(a) and (b) are |
| | | effective on the date Initial Developer first distributes |
| | | or otherwise makes the Original Software available to a |
| | | third party under the terms of this License. |
| | | |
| | | (d) Notwithstanding Section 2.1(b) above, no patent license is |
| | | granted: (1) for code that You delete from the Original |
| | | Software, or (2) for infringements caused by: (i) the |
| | | modification of the Original Software, or (ii) the |
| | | combination of the Original Software with other software |
| | | or devices. |
| | | |
| | | 2.2. Contributor Grant. |
| | | |
| | | Conditioned upon Your compliance with Section 3.1 below and |
| | | subject to third party intellectual property claims, each |
| | | Contributor hereby grants You a world-wide, royalty-free, |
| | | non-exclusive license: |
| | | |
| | | (a) under intellectual property rights (other than patent or |
| | | trademark) Licensable by Contributor to use, reproduce, |
| | | modify, display, perform, sublicense and distribute the |
| | | Modifications created by such Contributor (or portions |
| | | thereof), either on an unmodified basis, with other |
| | | Modifications, as Covered Software and/or as part of a |
| | | Larger Work; and |
| | | |
| | | (b) under Patent Claims infringed by the making, using, or |
| | | selling of Modifications made by that Contributor either |
| | | alone and/or in combination with its Contributor Version |
| | | (or portions of such combination), to make, use, sell, |
| | | offer for sale, have made, and/or otherwise dispose of: |
| | | (1) Modifications made by that Contributor (or portions |
| | | thereof); and (2) the combination of Modifications made by |
| | | that Contributor with its Contributor Version (or portions |
| | | of such combination). |
| | | |
| | | (c) The licenses granted in Sections 2.2(a) and 2.2(b) are |
| | | effective on the date Contributor first distributes or |
| | | otherwise makes the Modifications available to a third |
| | | party. |
| | | |
| | | (d) Notwithstanding Section 2.2(b) above, no patent license is |
| | | granted: (1) for any code that Contributor has deleted |
| | | from the Contributor Version; (2) for infringements caused |
| | | by: (i) third party modifications of Contributor Version, |
| | | or (ii) the combination of Modifications made by that |
| | | Contributor with other software (except as part of the |
| | | Contributor Version) or other devices; or (3) under Patent |
| | | Claims infringed by Covered Software in the absence of |
| | | Modifications made by that Contributor. |
| | | |
| | | 3. Distribution Obligations. |
| | | |
| | | 3.1. Availability of Source Code. |
| | | |
| | | Any Covered Software that You distribute or otherwise make |
| | | available in Executable form must also be made available in Source |
| | | Code form and that Source Code form must be distributed only under |
| | | the terms of this License. You must include a copy of this |
| | | License with every copy of the Source Code form of the Covered |
| | | Software You distribute or otherwise make available. You must |
| | | inform recipients of any such Covered Software in Executable form |
| | | as to how they can obtain such Covered Software in Source Code |
| | | form in a reasonable manner on or through a medium customarily |
| | | used for software exchange. |
| | | |
| | | 3.2. Modifications. |
| | | |
| | | The Modifications that You create or to which You contribute are |
| | | governed by the terms of this License. You represent that You |
| | | believe Your Modifications are Your original creation(s) and/or |
| | | You have sufficient rights to grant the rights conveyed by this |
| | | License. |
| | | |
| | | 3.3. Required Notices. |
| | | |
| | | You must include a notice in each of Your Modifications that |
| | | identifies You as the Contributor of the Modification. You may |
| | | not remove or alter any copyright, patent or trademark notices |
| | | contained within the Covered Software, or any notices of licensing |
| | | or any descriptive text giving attribution to any Contributor or |
| | | the Initial Developer. |
| | | |
| | | 3.4. Application of Additional Terms. |
| | | |
| | | You may not offer or impose any terms on any Covered Software in |
| | | Source Code form that alters or restricts the applicable version |
| | | of this License or the recipients' rights hereunder. You may |
| | | choose to offer, and to charge a fee for, warranty, support, |
| | | indemnity or liability obligations to one or more recipients of |
| | | Covered Software. However, you may do so only on Your own behalf, |
| | | and not on behalf of the Initial Developer or any Contributor. |
| | | You must make it absolutely clear that any such warranty, support, |
| | | indemnity or liability obligation is offered by You alone, and You |
| | | hereby agree to indemnify the Initial Developer and every |
| | | Contributor for any liability incurred by the Initial Developer or |
| | | such Contributor as a result of warranty, support, indemnity or |
| | | liability terms You offer. |
| | | |
| | | 3.5. Distribution of Executable Versions. |
| | | |
| | | You may distribute the Executable form of the Covered Software |
| | | under the terms of this License or under the terms of a license of |
| | | Your choice, which may contain terms different from this License, |
| | | provided that You are in compliance with the terms of this License |
| | | and that the license for the Executable form does not attempt to |
| | | limit or alter the recipient's rights in the Source Code form from |
| | | the rights set forth in this License. If You distribute the |
| | | Covered Software in Executable form under a different license, You |
| | | must make it absolutely clear that any terms which differ from |
| | | this License are offered by You alone, not by the Initial |
| | | Developer or Contributor. You hereby agree to indemnify the |
| | | Initial Developer and every Contributor for any liability incurred |
| | | by the Initial Developer or such Contributor as a result of any |
| | | such terms You offer. |
| | | |
| | | 3.6. Larger Works. |
| | | |
| | | You may create a Larger Work by combining Covered Software with |
| | | other code not governed by the terms of this License and |
| | | distribute the Larger Work as a single product. In such a case, |
| | | You must make sure the requirements of this License are fulfilled |
| | | for the Covered Software. |
| | | |
| | | 4. Versions of the License. |
| | | |
| | | 4.1. New Versions. |
| | | |
| | | Sun Microsystems, Inc. is the initial license steward and may |
| | | publish revised and/or new versions of this License from time to |
| | | time. Each version will be given a distinguishing version number. |
| | | Except as provided in Section 4.3, no one other than the license |
| | | steward has the right to modify this License. |
| | | |
| | | 4.2. Effect of New Versions. |
| | | |
| | | You may always continue to use, distribute or otherwise make the |
| | | Covered Software available under the terms of the version of the |
| | | License under which You originally received the Covered Software. |
| | | If the Initial Developer includes a notice in the Original |
| | | Software prohibiting it from being distributed or otherwise made |
| | | available under any subsequent version of the License, You must |
| | | distribute and make the Covered Software available under the terms |
| | | of the version of the License under which You originally received |
| | | the Covered Software. Otherwise, You may also choose to use, |
| | | distribute or otherwise make the Covered Software available under |
| | | the terms of any subsequent version of the License published by |
| | | the license steward. |
| | | |
| | | 4.3. Modified Versions. |
| | | |
| | | When You are an Initial Developer and You want to create a new |
| | | license for Your Original Software, You may create and use a |
| | | modified version of this License if You: (a) rename the license |
| | | and remove any references to the name of the license steward |
| | | (except to note that the license differs from this License); and |
| | | (b) otherwise make it clear that the license contains terms which |
| | | differ from this License. |
| | | |
| | | 5. DISCLAIMER OF WARRANTY. |
| | | |
| | | COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" |
| | | BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, |
| | | INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED |
| | | SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR |
| | | PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND |
| | | PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY |
| | | COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE |
| | | INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY |
| | | NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF |
| | | WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF |
| | | ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS |
| | | DISCLAIMER. |
| | | |
| | | 6. TERMINATION. |
| | | |
| | | 6.1. This License and the rights granted hereunder will terminate |
| | | automatically if You fail to comply with terms herein and fail to |
| | | cure such breach within 30 days of becoming aware of the breach. |
| | | Provisions which, by their nature, must remain in effect beyond |
| | | the termination of this License shall survive. |
| | | |
| | | 6.2. If You assert a patent infringement claim (excluding |
| | | declaratory judgment actions) against Initial Developer or a |
| | | Contributor (the Initial Developer or Contributor against whom You |
| | | assert such claim is referred to as "Participant") alleging that |
| | | the Participant Software (meaning the Contributor Version where |
| | | the Participant is a Contributor or the Original Software where |
| | | the Participant is the Initial Developer) directly or indirectly |
| | | infringes any patent, then any and all rights granted directly or |
| | | indirectly to You by such Participant, the Initial Developer (if |
| | | the Initial Developer is not the Participant) and all Contributors |
| | | under Sections 2.1 and/or 2.2 of this License shall, upon 60 days |
| | | notice from Participant terminate prospectively and automatically |
| | | at the expiration of such 60 day notice period, unless if within |
| | | such 60 day period You withdraw Your claim with respect to the |
| | | Participant Software against such Participant either unilaterally |
| | | or pursuant to a written agreement with Participant. |
| | | |
| | | 6.3. In the event of termination under Sections 6.1 or 6.2 above, |
| | | all end user licenses that have been validly granted by You or any |
| | | distributor hereunder prior to termination (excluding licenses |
| | | granted to You by any distributor) shall survive termination. |
| | | |
| | | 7. LIMITATION OF LIABILITY. |
| | | |
| | | UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT |
| | | (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE |
| | | INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF |
| | | COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE |
| | | LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR |
| | | CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT |
| | | LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK |
| | | STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER |
| | | COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN |
| | | INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF |
| | | LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL |
| | | INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT |
| | | APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO |
| | | NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR |
| | | CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT |
| | | APPLY TO YOU. |
| | | |
| | | 8. U.S. GOVERNMENT END USERS. |
| | | |
| | | The Covered Software is a "commercial item," as that term is |
| | | defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial |
| | | computer software" (as that term is defined at 48 |
| | | C.F.R. 252.227-7014(a)(1)) and "commercial computer software |
| | | documentation" as such terms are used in 48 C.F.R. 12.212 |
| | | (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 |
| | | C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all |
| | | U.S. Government End Users acquire Covered Software with only those |
| | | rights set forth herein. This U.S. Government Rights clause is in |
| | | lieu of, and supersedes, any other FAR, DFAR, or other clause or |
| | | provision that addresses Government rights in computer software |
| | | under this License. |
| | | |
| | | 9. MISCELLANEOUS. |
| | | |
| | | This License represents the complete agreement concerning subject |
| | | matter hereof. If any provision of this License is held to be |
| | | unenforceable, such provision shall be reformed only to the extent |
| | | necessary to make it enforceable. This License shall be governed |
| | | by the law of the jurisdiction specified in a notice contained |
| | | within the Original Software (except to the extent applicable law, |
| | | if any, provides otherwise), excluding such jurisdiction's |
| | | conflict-of-law provisions. Any litigation relating to this |
| | | License shall be subject to the jurisdiction of the courts located |
| | | in the jurisdiction and venue specified in a notice contained |
| | | within the Original Software, with the losing party responsible |
| | | for costs, including, without limitation, court costs and |
| | | reasonable attorneys' fees and expenses. The application of the |
| | | United Nations Convention on Contracts for the International Sale |
| | | of Goods is expressly excluded. Any law or regulation which |
| | | provides that the language of a contract shall be construed |
| | | against the drafter shall not apply to this License. You agree |
| | | that You alone are responsible for compliance with the United |
| | | States export administration regulations (and the export control |
| | | laws and regulation of any other countries) when You use, |
| | | distribute or otherwise make available any Covered Software. |
| | | |
| | | 10. RESPONSIBILITY FOR CLAIMS. |
| | | |
| | | As between Initial Developer and the Contributors, each party is |
| | | responsible for claims and damages arising, directly or |
| | | indirectly, out of its utilization of rights under this License |
| | | and You agree to work with Initial Developer and Contributors to |
| | | distribute such responsibility on an equitable basis. Nothing |
| | | herein is intended or shall be deemed to constitute any admission |
| | | of liability. |
| | | |
| | | -------------------------------------------------------------------- |
| | | |
| | | NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND |
| | | DISTRIBUTION LICENSE (CDDL) |
| | | |
| | | For Covered Software in this distribution, this License shall |
| | | be governed by the laws of the State of California (excluding |
| | | conflict-of-law provisions). |
| | | |
| | | Any litigation relating to this License shall be subject to the |
| | | jurisdiction of the Federal Courts of the Northern District of |
| | | California and the state courts of the State of California, with |
| | | venue lying in Santa Clara County, California. |
| | | |
| | | |
| | | -------------------------------------------------------------------- |
| | | |
| | | |
| | | SUN MICROSYSTEMS, INC. SOFTWARE LICENSE AGREEMENTS |
| | | |
| | | SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE BELOW DEFINED SOFTWARE |
| | | TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN |
| | | THIS SOFTWARE LICENSE AGREEMENT ("AGREEMENT"). |
| | | |
| | | PLEASE READ THE AGREEMENT CAREFULLY. BY DOWNLOADING OR INSTALLING THIS |
| | | SOFTWARE, YOU ACCEPT THE FULL TERMS OF THE AGREEMENT. |
| | | |
| | | 1. Definitions. |
| | | |
| | | "Software" means all the portions of the OpenDS distribution provided by Sun |
| | | only in binary code form, and including any updates or error corrections or |
| | | documentation provided by Sun under this Agreement. |
| | | |
| | | 2. Permitted Uses. |
| | | |
| | | Subject to the terms and conditions of this Agreement and restrictions and |
| | | exceptions set forth in the Software's documentation, Sun grants you a |
| | | non-exclusive, non-transferable, limited license without fees to |
| | | |
| | | (a) reproduce and use internally the Software for the purposes of developing |
| | | or running OpenDS or modified versions of OpenDS. |
| | | |
| | | (b) reproduce and distribute the Software (and also portions of Software |
| | | identified as Redistributable in the documentation accompanying Software), |
| | | provided that you |
| | | |
| | | (i) distribute the Software or Redistributables bundled as part of, and for |
| | | the sole purpose of running, OpenDS or modified versions of OpenDS; |
| | | |
| | | (ii) do not remove or alter any proprietary legends or notices contained in |
| | | or on the Software or Redistributables, |
| | | |
| | | (iii) only distribute the Software or Redistributables subject to a license |
| | | agreement that protects Sun's interests consistent with the terms contained in |
| | | this Agreement, and |
| | | |
| | | (iv) 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, Software, or Redistributables. |
| | | |
| | | 3. Restrictions. |
| | | |
| | | (a) The copies of Software provided to you under this Agreement is licensed, |
| | | not sold, to you by Sun. Sun reserves all rights not expressly granted. |
| | | |
| | | (b) You may not modify Software. However if the 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 documentation. |
| | | |
| | | (c) You may not rent, lease, lend or encumber Software. |
| | | |
| | | (d) you do not remove or alter any proprietary legends or notices contained |
| | | in the Software, |
| | | |
| | | (e) Unless enforcement is prohibited by applicable law, you may not decompile, |
| | | or reverse engineer Software. |
| | | |
| | | (f) The terms and conditions of this Agreement will apply to any Software |
| | | updates, provided to you at Sun's discretion, that replace and/or supplement |
| | | the original Software, unless such update contains a separate license. |
| | | |
| | | (g) Software is confidential and copyrighted. |
| | | |
| | | (h) 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. |
| | | |
| | | (i) 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. |
| | | |
| | | (j) If your Permitted Use in this Agreement permits the distribution Software |
| | | or portions of the Software, you may only distribute the Software subject to |
| | | a license agreement that protects Sun's interests consistent with the terms |
| | | contained in this Agreement. |
| | | |
| | | 4. 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 global 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. |
| | | |
| | | 5. Term and Termination. |
| | | |
| | | The Agreement is effective on the Date you receive the Software and remains |
| | | effective until terminated. 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, 3, 4, 5, and 7-13 will survive termination of the Agreement. |
| | | |
| | | 6. Limited Warranty. |
| | | |
| | | Sun warrants to you that for a period of 90 days from the date of 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. Some states do not allow limitations on certain 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. |
| | | |
| | | 7. 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. |
| | | |
| | | 8. 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. |
| | | |
| | | 9. Export Regulations. |
| | | |
| | | All Software, documents, 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 laws 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. |
| | | |
| | | 10. 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). |
| | | |
| | | 11. 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. |
| | | |
| | | 12. 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. |
| | | |
| | | 13. 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. |
| | | |
| | | -------------------------------------------------------------------- |
| | | |
| | | |
| | | /*- |
| | | * $Id: LICENSE,v 1.5 2006/01/03 21:55:06 bostic Exp $ |
| | | */ |
| | | |
| | | The following is the license that applies to this copy of the Berkeley |
| | | DB Java Edition software. For a license to use the Berkeley DB Java |
| | | Edition software under conditions other than those described here, or |
| | | to purchase support for this software, please contact Sleepycat Software |
| | | by email at info@sleepycat.com, or on the Web at http://www.sleepycat.com. |
| | | |
| | | =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= |
| | | /* |
| | | * Copyright (c) 2002-2006 |
| | | * Sleepycat Software. All rights reserved. |
| | | * |
| | | * Redistribution and use in source and binary forms, with or without |
| | | * modification, are permitted provided that the following conditions |
| | | * are met: |
| | | * 1. Redistributions of source code must retain the above copyright |
| | | * notice, this list of conditions and the following disclaimer. |
| | | * 2. Redistributions in binary form must reproduce the above copyright |
| | | * notice, this list of conditions and the following disclaimer in the |
| | | * documentation and/or other materials provided with the distribution. |
| | | * 3. Redistributions in any form must be accompanied by information on |
| | | * how to obtain complete source code for the DB software and any |
| | | * accompanying software that uses the DB software. The source code |
| | | * must either be included in the distribution or be available for no |
| | | * more than the cost of distribution plus a nominal fee, and must be |
| | | * freely redistributable under reasonable conditions. For an |
| | | * executable file, complete source code means the source code for all |
| | | * modules it contains. It does not include source code for modules or |
| | | * files that typically accompany the major components of the operating |
| | | * system on which the executable file runs. |
| | | * |
| | | * THIS SOFTWARE IS PROVIDED BY SLEEPYCAT SOFTWARE ``AS IS'' AND ANY EXPRESS |
| | | * OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED |
| | | * WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR |
| | | * NON-INFRINGEMENT, ARE DISCLAIMED. IN NO EVENT SHALL SLEEPYCAT SOFTWARE |
| | | * BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR |
| | | * CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF |
| | | * SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS |
| | | * INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN |
| | | * CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) |
| | | * ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF |
| | | * THE POSSIBILITY OF SUCH DAMAGE. |
| | | */ |
| | | |
| | | |
| | | -------------------------------------------------------------------- |
| | | |
| | | |
| | | |
| | | Sun Microsystems, Inc. ("Sun") ENTITLEMENT for SOFTWARE |
| | | |
| | | Licensee/Company: Entity receiving Software. |
| | | |
| | | Effective Date: Date of delivery of the Software to You. |
| | | |
| | | Software: JavaMail 1.4.1. |
| | | |
| | | 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 unmodified 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 and 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, |
| | | 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 TERMS") 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 Licensed 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 other 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 |
| | | Entitlement 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 |
| | | services) 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 rights 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 Software. (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 discretion, 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 |
| | | without 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 such 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 software 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 software 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 forth 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 global 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, 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. Some states do not allow |
| | | limitations on certain 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 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. |
| | | |
| | | 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, documents, 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 laws 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 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). |
| | | |
| | | 13. 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. |
| | | |
| | | 14. 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. |
| | | |
| | | 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. |
| | | |
| | | -------------------------------------------------------------------- |
| | | |
| | | |
| | | |
| | | 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 1.1.1. |
| | | |
| | | 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 unmodified 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 and 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, |
| | | 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 TERMS") 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 Licensed 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 other 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 |
| | | Entitlement 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 |
| | | services) 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 rights 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 Software. (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 discretion, 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 |
| | | without 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 such 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 software 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 software 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 forth 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 global 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, 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. Some states do not allow |
| | | limitations on certain 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 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. |
| | | |
| | | 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, documents, 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 laws 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 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). |
| | | |
| | | 13. 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. |
| | | |
| | | 14. 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. |
| | | |
| | | 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. |