sun-bcla-jta

Sun Microsystems, Inc.
Binary Code License Agreement

 

READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE TERMS 
(COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA PACKAGE.  
BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. 
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SELECT THE "DECLINE" BUTTON AT THE END OF THIS AGREEMENT. 1.  LICENSE TO USE.  
Sun grants you a non-exclusive and non-transferable license for the internal use 
only of the accompanying software and documentation and any error corrections 
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of computer hardware for which the corresponding fee has been paid. 2.  
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all associated intellectual property rights is retained by Sun and/or its 
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you may not make copies of Software, other than a single copy of Software for 
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Licensed Software is not designed or intended for use in the design, 
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workmanship under normal use.  Except for the foregoing, Software is provided 
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FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, 
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The foregoing limitations will apply even if the above stated warranty fails of 
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terminated.  You may terminate this Agreement at any time by destroying all 
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from Sun if you fail to comply with any provision of this Agreement.  Upon 
Termination, you must destroy all copies of Software. 7. Export Regulations. All 
Software and technical data delivered under this Agreement are subject to US 
export control laws and may be subject to export or import regulations in other 
countries.  You agree to comply strictly with all such laws and regulations and 
acknowledge that you have the responsibility to obtain such licenses to export, 
re-export, or import as may be required after delivery to you. 8.   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). 9.  
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. 10.  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. 11.  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. JAVATM 
INTERFACE CLASSES JAVA TRANSACTION API (JTA), VERSION 1.0.1B, MAINTENANCE 
RELEASESUPPLEMENTAL LICENSE TERMS These supplemental license terms 
("Supplemental Terms") add to or modify the terms of the Binary Code License 
Agreement (collectively, the "Agreement"). Capitalized terms not defined in 
these Supplemental Terms shall have the same meanings ascribed to them in the 
Agreement. These Supplemental Terms shall supersede any inconsistent or 
conflicting terms in the Agreement, or in any license contained within the 
Software. 1. Software Internal Use and Development License Grant. Subject to the 
terms and conditions of this Agreement, including, but not limited to Section 3 
(Java Technology Restrictions) of these Supplemental Terms, Sun grants you a 
non-exclusive, non-transferable, limited license to reproduce internally and use 
internally the binary form of the Software, complete and unmodified, for the 
sole purpose of designing, developing and testing your Java applets and 
applications ("Programs"). 2. License to Distribute Software.  In addition to 
the license granted in Section 1 (Software Internal Use and Development License 
Grant) of these Supplemental Terms, subject to the terms and conditions of this 
Agreement, including but not limited to Section 3 (Java Technology 
Restrictions), Sun grants you a non-exclusive, non-transferable, limited license 
to reproduce and distribute the Software in binary form only, provided that you 
(i) distribute the Software complete and unmodified and only bundled as part of 
your Programs, (ii) do not distribute additional software intended to replace 
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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 Software. 3. Java Technology 
Restrictions. You may not modify the Java Platform Interface ("JPI", identified 
as classes contained within the "java" package or any subpackages of the "java" 
package), by creating additional classes within the JPI or otherwise causing the 
addition to or modification of the classes in the JPI.  In the event that you 
create an additional class and associated API(s) which (i) extends the 
functionality of the Java Platform, and (ii) is exposed to third party software 
developers for the purpose of developing additional software which invokes such 
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licensees to create additional classes, interfaces, or subpackages that are in 
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to Sun's benefit. 5. Source Code. Software may contain source code that is 
provided solely for reference purposes pursuant to the terms of this Agreement.  
Source code may not be redistributed unless expressly provided for in this 
Agreement. 6. Termination for Infringement.  Either party may terminate this 
Agreement immediately should any Software become, or in either party's opinion 
be likely to become, the subject of a claim of infringement of any intellectual 
property right. For inquiries please contact: Sun Microsystems, Inc. 4150 
Network Circle, Santa Clara, California 95054. (LFI#121049/Form ID#011801)

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