inary/licenses/sun-bcla-java-vm-1.4.2

Sun Microsystems, Inc. Binary Code License Agreement

for the JAVATM 2 RUNTIME ENVIRONMENT (J2RE), STANDARD 
EDITION, VERSION 1.4.2_X

SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE 
SOFTWARE IDENTIFIED BELOW TO YOU ONLY UPON THE CONDITION 
THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS BINARY 
CODE LICENSE AGREEMENT AND SUPPLEMENTAL LICENSE TERMS 
(COLLECTIVELY "AGREEMENT").  PLEASE READ THE AGREEMENT 
CAREFULLY.  BY DOWNLOADING OR INSTALLING THIS SOFTWARE, YOU 
ACCEPT THE TERMS OF THE AGREEMENT. INDICATE ACCEPTANCE BY 
SELECTING THE "ACCEPT" BUTTON AT THE BOTTOM OF THE 
AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY ALL THE 
TERMS, SELECT THE "DECLINE" BUTTON AT THE BOTTOM OF THE 
AGREEMENT AND THE DOWNLOAD OR INSTALL PROCESS WILL NOT 
CONTINUE. 

1.DEFINITIONS. "Software" means the identified above in 
binary form, any other machine readable materials 
(including, but not limited to, libraries, source files, 
header files, and data files), any updates or error 
corrections provided by Sun, and any user manuals, 
programming guides and other documentation provided to you 
by Sun under this Agreement. "Programs" mean Java applets 
and applications intended to run on the Java 2 Platform, 
Standard Edition (J2SETM platform) platform on Java-enabled 
general purpose desktop computers and servers.

2.LICENSE TO USE. Subject to the terms and conditions of 
this Agreement, including, but not limited to the Java 
Technology Restrictions of the Supplemental License Terms, 
Sun grants you a non-exclusive, non-transferable, limited 
license without license fees to reproduce and use 
internally Software complete and unmodified for the sole 
purpose of running Programs. Additional licenses for 
developers and/or publishers are granted in the 
Supplemental License Terms.

3.RESTRICTIONS. Software is confidential and copyrighted. 
Title to Software and all associated intellectual property 
rights is retained by Sun and/or its licensors. Unless 
enforcement is prohibited by applicable law, you may not 
modify, decompile, or reverse engineer Software.  You 
acknowledge that Licensed Software is not designed or 
intended for use in the design, construction, operation or 
maintenance of any nuclear facility. Sun Microsystems, Inc. 
disclaims any express or implied warranty of fitness for 
such uses. 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. Additional 
restrictions for developers and/or publishers licenses are 
set forth in the Supplemental License Terms.

4.LIMITED WARRANTY.  Sun warrants to you that for a period of 
ninety (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. Any implied warranties on the Software 
are limited to 90 days. Some states do not allow 
limitations on duration of an implied warranty, 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. 

5.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. 

6.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. 

7.SOFTWARE UPDATES FROM SUN. You acknowledge that at your 
request or consent optional features of the Software may 
download, install, and execute applets, applications, 
software extensions, and updated versions of the Software 
from Sun ("Software Updates"), which may require you to 
accept updated terms and conditions for installation. If 
additional terms and conditions are not presented on 
installation, the Software Updates will be considered part 
of the Software and subject to the terms and conditions of 
the Agreement.

8.SOFTWARE FROM SOURCES OTHER THAN SUN. You acknowledge 
that, by your use of optional features of the Software 
and/or by requesting services that require use of the 
optional features of the Software, the Software may 
automatically download, install, and execute software 
applications from sources other than Sun ("Other 
Software"). Sun makes no representations of a relationship 
of any kind to licensors of Other Software. 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 OTHER SOFTWARE, EVEN IF SUN HAS BEEN 
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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.TERMINATION.  This Agreement is effective until terminated.  
You may terminate this Agreement at any time by destroying 
all copies of Software.  This Agreement will terminate 
immediately without notice from Sun if you fail to comply 
with any provision of this Agreement.  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. Upon Termination, you must destroy all 
copies of Software. 

10.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. 

11.TRADEMARKS AND LOGOS. You acknowledge and agree as 
between you and Sun that Sun owns the SUN, SOLARIS, JAVA, 
JINI, FORTE, and iPLANET trademarks and all SUN, SOLARIS, 
JAVA, JINI, FORTE, and iPLANET-related trademarks, service 
marks, logos and other brand designations ("Sun Marks"), 
and you agree to comply with the Sun Trademark and Logo 
Usage Requirements currently located at 
http://www.sun.com/policies/trademarks. Any use you make of 
the Sun Marks inures to Sun's benefit. 

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 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. 

SUPPLEMENTAL LICENSE TERMS
These Supplemental License Terms add to or modify the terms 
of the Binary Code License Agreement. Capitalized terms not 
defined in these Supplemental Terms shall have the same 
meanings ascribed to them in the Binary Code License 
Agreement . These Supplemental Terms shall supersede any 
inconsistent or conflicting terms in the Binary Code 
License Agreement, or in any license contained within the 
Software. 

A.Software Internal Use and Development License Grant. 
Subject to the terms and conditions of this Agreement, 
including, but not limited to the Java Technology 
Restrictions of these Supplemental Terms, Sun grants you a 
non-exclusive, non-transferable, limited license without 
fees to reproduce internally and use internally the 
Software complete and unmodified (unless otherwise 
specified in the applicable README file) for the purpose of 
designing, developing, and testing your Programs. 

B.License to Distribute Software. Subject to the terms and 
conditions of this Agreement, including, but not limited to 
the Java Technology Restrictions of these Supplemental 
Terms, Sun grants you a non-exclusive, non-transferable, 
limited license without fees to reproduce and distribute 
the Software, provided that (i) you distribute the Software 
complete and unmodified (unless otherwise specified in the 
applicable README file) and only bundled as part of, and 
for the sole purpose of running, your Programs, (ii) the 
Programs add significant and primary functionality to the 
Software, (iii) you do not distribute additional software 
intended to replace any component(s) of the Software 
(unless otherwise specified in the applicable README file), 
(iv) you do not remove or alter any proprietary legends or 
notices contained in the Software, (v) you only distribute 
the Software subject to a license agreement that protects 
Sun's interests consistent with the terms contained in this 
Agreement, and (vi) 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 
Software.

C.License to Distribute Redistributables. Subject to the 
terms and conditions of this Agreement, including but not 
limited to the Java Technology Restrictions of these 
Supplemental Terms, Sun grants you a non-exclusive, 
non-transferable, limited license without fees to reproduce 
and distribute those files specifically identified as 
redistributable in the Software "README" file 
("Redistributables") provided that: (i) you distribute the 
Redistributables complete and unmodified (unless otherwise 
specified in the applicable README file), and only bundled 
as part of Programs, (ii) you do not distribute additional 
software intended to supersede any component(s) of the 
Redistributables (unless otherwise specified in the 
applicable README file), (iii) you do not remove or alter 
any proprietary legends or notices contained in or on the 
Redistributables, (iv) you only distribute the 
Redistributables pursuant to a license agreement that 
protects Sun's interests consistent with the terms 
contained in the Agreement, (v) 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 Software.

D.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 
additional API, you must promptly publish broadly an 
accurate specification for such API for free use by all 
developers.  You may not create, or authorize your licensees 
to create, additional 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.

E.Source Code. Software may contain source code that, 
unless expressly licensed for other purposes, 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.

F.Third Party Code. Additional copyright notices and 
license terms applicable to portions of the Software are 
set forth in the THIRDPARTYLICENSEREADME.txt file. In 
addition to any terms and conditions of any third party 
opensource/freeware license identified in the 
THIRDPARTYLICENSEREADME.txt file, the disclaimer of 
warranty and limitation of liability provisions in 
paragraphs 5 and 6 of the Binary Code License Agreement 
shall apply to all Software in this distribution.

For inquiries please contact: Sun Microsystems, Inc., 4150 
Network Circle, Santa Clara, California 95054, U.S.A.
(LFI#141496/Form ID#011801)