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.
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 andapplication("Programs").
2. Subject to the terms and conditions of this Agreement andrestrictions and exceptions set forth in the Software's documentation,You may reproduce and distribute portions of Software identified as aredistributable in the documentation ("Redistributable"), providedthat:
(a) you distribute Redistributable complete and unmodified and onlybundled as part of Your Programs,
(b) your Programs add significant and primary functionality to theRedistributable,
(c) you distribute Redistributable for the sole purpose of running yourPrograms,
(d) you do not distribute additional software intended to replace anycomponent(s) of the Redistributable,
(e) you do not remove or alter any proprietary legends or noticescontained in or on the Redistributable.
(f) you only distribute the Redistributable subject to a licenseagreement that protects Sun's interests consistent with the termscontained in this Agreement, and
(g) you agree to defend and indemnify Sun and its licensors from andagainst any damages, costs, liabilities, settlement amounts and/orexpenses (including attorneys' fees) incurred in connection with anyclaim, lawsuit or action by any third party that arises or results fromthe use or distribution of any and all Programs and/orRedistributable.
3. Java Technology Restrictions. You may not create, modify, or changethe behavior of, or authorize your licensees to create, modify, orchange the behavior of, classes, interfaces, or subpackages that are inany way identified as "java", "javax", "sun" or similar convention asspecified by Sun in any naming convention designation.
B. Sun Microsystems, Inc. ("Sun")SOFTWARE LICENSE AGREEMENT
READ THE TERMS OF THIS AGREEMENT ("AGREEMENT") CAREFULLY BEFORE OPENINGSOFTWARE MEDIA PACKAGE. BY OPENING SOFTWARE MEDIA PACKAGE, YOU AGREE TOTHE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING SOFTWAREELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTINGTHE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREETO ALL OF THE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACEOF 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") FORYOUR LICENSE TO THIS SOFTWARE, THEN SECTIONS 1-5 OF THIS AGREEMENT("SUPPLEMENTAL LICENSE TERMS") SHALL SUPPLEMENT AND SUPERSEDE THEMASTER TERMS IN RELATION TO THIS SOFTWARE.
(a) "Entitlement" means the collective set of applicable documentsauthorized by Sun evidencing your obligation to pay associated fees (ifany) for the license, associated Services, and the authorized scope ofuse of Software under this Agreement.
(b) "Licensed Unit" means the unit of measure by which your use ofSoftware and/or Service is licensed, as described in your Entitlement.
(c) "Permitted Use" means the licensed Software use(s) authorizedin this Agreement as specified in your Entitlement. The Permitted Usefor any bundled Sun software not specified in your Entitlement will beevaluation use as provided in Section 3.
(d) "Service" means the service(s) that Sun or its delegate willprovide, if any, as selected in your Entitlement and as furtherdescribed in the applicable service listings atwww.sun.com/service/servicelist.
(e) "Software" means the Sun software described in yourEntitlement. Also, certain software may be included for evaluation useunder Section 3.
(f) "You" and "Your" means the individual or legal entity specifiedin the Entitlement, or for evaluation purposes, the entity performingthe evaluation.
2. License Grant and Entitlement.
Subject to the terms of your Entitlement, Sun grants you anonexclusive, nontransferable limited license to use Software for itsPermitted 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 alsospecify the (e) Service and (f) service term.
If your rights to Software or Services are limited in duration and thedate such rights begin is other than the purchase date, yourEntitlement will provide that beginning date(s).
The Entitlement may be delivered to you in various ways depending onthe manner in which you obtain Software and Services, for example, theEntitlement may be provided in your receipt, invoice or your contractwith Sun or authorized Sun reseller. It may also be in electronicformat if you download Software.
3. Permitted Use.
As selected in your Entitlement, one or more of the following PermittedUses will apply to your use of Software. Unless you have an Entitlementthat expressly permits it, you may not use Software for any of theother Permitted Uses. If you don't have an Entitlement, or if yourEntitlement doesn't cover additional software delivered to you, thensuch software is for your Evaluation Use.
(a) Evaluation Use. You may evaluate Software internally for a periodof 90 days from your first use.
(b) Research and Instructional Use. You may use Software internally todesign, develop and test, and also to provide instruction on suchuses.
(c) Individual Use. You may use Software internally for personal,individual use.
(d) Commercial Use. You may use Software internally for your owncommercial purposes.
(e) Service Provider Use. You may make Software functionalityaccessible (but not by providing Software itself or through outsourcingservices) to your end users in an extranet deployment, but not to youraffiliated companies or to government agencies.
4. Licensed Units.
Your Permitted Use is limited to the number of Licensed Units stated inyour Entitlement. If you require additional Licensed Units, you willneed additional Entitlement(s).
(a) The copies of Software provided to you under this Agreement arelicensed, not sold, to you by Sun. Sun reserves all rights notexpressly granted. (b) You may make a single archival copy of Software,but otherwise may not copy, modify, or distribute Software. However ifthe Sun documentation accompanying Software lists specific portions ofSoftware, such as header files, class libraries, reference source code,and/or redistributable files, that may be handled differently, you maydo so only as provided in the Sun documentation. (c) You may not rent,lease, lend or encumber Software. (d) Unless enforcement is prohibitedby applicable law, you may not decompile, or reverse engineerSoftware. (e) The terms and conditions of this Agreement will apply toany Software updates, provided to you at Sun's discretion, that replaceand/or supplement the original Software, unless such update contains aseparate license. (f) You may not publish or provide the results of anybenchmark or comparison tests run on Software to any third partywithout the prior written consent of Sun. (g) Software is confidentialand copyrighted. (h) Unless otherwise specified, if Software isdelivered with embedded or bundled software that enables functionalityof Software, you may not use such software on a stand-alone basis oruse any portion of such software to interoperate with any program(s)other than Software. (i) Software may contain programs that performautomated collection of system data and/or automated software updatingservices. System data collected through such programs may be used bySun, its subcontractors, and its service delivery partners for thepurpose of providing you with remote system services and/or improvingSun's software and systems. (j) Software is not designed, licensed orintended for use in the design, construction, operation or maintenanceof any nuclear facility and Sun and its licensors disclaim any expressor implied warranty of fitness for such uses. (k) No right, title orinterest in or to any trademark, service mark, logo or trade name ofSun or its licensors is granted under this Agreement.
6. Term and Termination.
The license and service term are set forth in your Entitlement(s). Yourrights under this Agreement will terminate immediately without noticefrom Sun if you materially breach it or take any action in derogationof Sun's and/or its licensors' rights to Software. Sun may terminatethis Agreement should any Software become, or in Sun's reasonableopinion likely to become, the subject of a claim of intellectualproperty infringement or trade secret misappropriation. Upontermination, you will cease use of, and destroy, Software and confirmcompliance in writing to Sun. Sections 1, 5, 6, 7, and 9-15 willsurvive termination of the Agreement.
7. Java Compatibility and Open Source.
Software may contain Java technology. You may not create additionalclasses to, or modifications of, the Java technology, except undercompatibility requirements available under a separate agreementavailable at www.java.net.
Sun supports and benefits from the global community of open sourcedevelopers, and thanks the community for its important contributionsand open standards-based technology, which Sun has adopted into many ofits products.
Please note that portions of Software may be provided with notices andopen source licenses from such communities and third parties thatgovern the use of those portions, and any licenses granted hereunder donot alter any rights and obligations you may have under such opensource licenses, however, the disclaimer of warranty and limitation ofliability provisions in this Agreement will apply to all Software inthis distribution.
8. Limited Warranty.
Sun warrants to you that for a period of 90 days from the date ofpurchase, as evidenced by a copy of the receipt, the media on whichSoftware is furnished (if any) will be free of defects in materials andworkmanship under normal use. Except for the foregoing, Software isprovided "AS IS". Your exclusive remedy and Sun's entire liabilityunder this limited warranty will be at Sun's option to replace Softwaremedia or refund the fee paid for Software. Some states do not allowlimitations on certain implied warranties, so the above may not applyto you. This limited warranty gives you specific legal rights. You mayhave 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 OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENTARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TOBE LEGALLY INVALID.
10. Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITSLICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FORSPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES,HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF ORRELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HASBEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun'sliability to you, whether in contract, tort (including negligence), orotherwise, exceed the amount paid by you for Software under thisAgreement. The foregoing limitations will apply even if the abovestated warranty fails of its essential purpose. Some states do notallow the exclusion of incidental or consequential damages, so some ofthe terms above may not be applicable to you.
11. Export Regulations.
All Software, documents, technical data, and any other materialsdelivered under this Agreement are subject to U.S. export control lawsand may be subject to export or import regulations in other countries.You agree to comply strictly with these laws and regulations andacknowledge that you have the responsibility to obtain any licenses toexport, 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 orby a U.S. Government prime contractor or subcontractor (at any tier),then the Government's rights in Software and accompanying documentationwill be only as set forth in this Agreement; this is in accordance with48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD)acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DODacquisitions).
13. Governing Law.
Any action related to this Agreement will be governed by California lawand controlling U.S. federal law. No choice of law rules of anyjurisdiction will apply.
If any provision of this Agreement is held to be unenforceable, thisAgreement will remain in effect with the provision omitted, unlessomission would frustrate the intent of the parties, in which case thisAgreement will immediately terminate.
This Agreement, including any terms contained in your Entitlement, isthe entire agreement between you and Sun relating to its subjectmatter. It supersedes all prior or contemporaneous oral or writtencommunications, proposals, representations and warranties and prevailsover any conflicting or additional terms of any quote, order,acknowledgment, or other communication between the parties relating toits subject matter during the term of this Agreement. No modificationof this Agreement will be binding, unless in writing and signed by anauthorized representative of each party.
Please contact Sun Microsystems, Inc. 4150 Network Circle, Santa Clara,California 95054 if you have questions.