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1 A. Sun Microsystems, Inc. ("Sun") ENTITLEMENT for SOFTWARE
2
3 Licensee/Company: Entity receiving Software.
4
5 Effective Date: Date of delivery of the Software to You.
6
7 Software: JavaBeans Activation Framework 1.1.1.
8
9 License Term: Perpetual (subject to termination under the SLA).
10
11 Licensed Unit: Software Copy.
12
13 Licensed unit Count: Unlimited.
14
15 Permitted Uses:
16
17 1. You may reproduce and use the Software for Individual, Commercial,
18 or Research and Instructional Use for the purposes of designing,
19 developing, testing, and running Your applets and
20 application("Programs").
21
22 2. Subject to the terms and conditions of this Agreement and
23 restrictions and exceptions set forth in the Software's documentation,
24 You may reproduce and distribute portions of Software identified as a
25 redistributable in the documentation ("Redistributable"), provided
26 that:
27
28 (a) you distribute Redistributable complete and unmodified and only
29 bundled as part of Your Programs,
30
31 (b) your Programs add significant and primary functionality to the
32 Redistributable,
33
34 (c) you distribute Redistributable for the sole purpose of running your
35 Programs,
36
37 (d) you do not distribute additional software intended to replace any
38 component(s) of the Redistributable,
39
40 (e) you do not remove or alter any proprietary legends or notices
41 contained in or on the Redistributable.
42
43 (f) you only distribute the Redistributable subject to a license
44 agreement that protects Sun's interests consistent with the terms
45 contained in this Agreement, and
46
47 (g) you agree to defend and indemnify Sun and its licensors from and
48 against any damages, costs, liabilities, settlement amounts and/or
49 expenses (including attorneys' fees) incurred in connection with any
50 claim, lawsuit or action by any third party that arises or results from
51 the use or distribution of any and all Programs and/or
52 Redistributable.
53
54 3. Java Technology Restrictions. You may not create, modify, or change
55 the behavior of, or authorize your licensees to create, modify, or
56 change the behavior of, classes, interfaces, or subpackages that are in
57 any way identified as "java", "javax", "sun" or similar convention as
58 specified by Sun in any naming convention designation.
59
60 B. Sun Microsystems, Inc. ("Sun")
61 SOFTWARE LICENSE AGREEMENT
62
63 READ THE TERMS OF THIS AGREEMENT ("AGREEMENT") CAREFULLY BEFORE OPENING
64 SOFTWARE MEDIA PACKAGE. BY OPENING SOFTWARE MEDIA PACKAGE, YOU AGREE TO
65 THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING SOFTWARE
66 ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING
67 THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE
68 TO ALL OF THE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE
69 OF PURCHASE FOR A REFUND OR, IF SOFTWARE IS ACCESSED ELECTRONICALLY,
70 SELECT THE "DECLINE" (OR "EXIT") BUTTON AT THE END OF THIS AGREEMENT.
71 IF YOU HAVE SEPARATELY AGREED TO LICENSE TERMS ("MASTER TERMS") FOR
72 YOUR LICENSE TO THIS SOFTWARE, THEN SECTIONS 1-5 OF THIS AGREEMENT
73 ("SUPPLEMENTAL LICENSE TERMS") SHALL SUPPLEMENT AND SUPERSEDE THE
74 MASTER TERMS IN RELATION TO THIS SOFTWARE.
75
76 1. Definitions.
77
78 (a) "Entitlement" means the collective set of applicable documents
79 authorized by Sun evidencing your obligation to pay associated fees (if
80 any) for the license, associated Services, and the authorized scope of
81 use of Software under this Agreement.
82
83 (b) "Licensed Unit" means the unit of measure by which your use of
84 Software and/or Service is licensed, as described in your Entitlement.
85
86 (c) "Permitted Use" means the licensed Software use(s) authorized
87 in this Agreement as specified in your Entitlement. The Permitted Use
88 for any bundled Sun software not specified in your Entitlement will be
89 evaluation use as provided in Section 3.
90
91 (d) "Service" means the service(s) that Sun or its delegate will
92 provide, if any, as selected in your Entitlement and as further
93 described in the applicable service listings at
94 www.sun.com/service/servicelist.
95
96 (e) "Software" means the Sun software described in your
97 Entitlement. Also, certain software may be included for evaluation use
98 under Section 3.
99
100 (f) "You" and "Your" means the individual or legal entity specified
101 in the Entitlement, or for evaluation purposes, the entity performing
102 the evaluation.
103
104 2. License Grant and Entitlement.
105
106 Subject to the terms of your Entitlement, Sun grants you a
107 nonexclusive, nontransferable limited license to use Software for its
108 Permitted Use for the license term. Your Entitlement will specify (a)
109 Software licensed, (b) the Permitted Use, (c) the license term, and (d)
110 the Licensed Units.
111
112 Additionally, if your Entitlement includes Services, then it will also
113 specify the (e) Service and (f) service term.
114
115 If your rights to Software or Services are limited in duration and the
116 date such rights begin is other than the purchase date, your
117 Entitlement will provide that beginning date(s).
118
119 The Entitlement may be delivered to you in various ways depending on
120 the manner in which you obtain Software and Services, for example, the
121 Entitlement may be provided in your receipt, invoice or your contract
122 with Sun or authorized Sun reseller. It may also be in electronic
123 format if you download Software.
124
125 3. Permitted Use.
126
127 As selected in your Entitlement, one or more of the following Permitted
128 Uses will apply to your use of Software. Unless you have an Entitlement
129 that expressly permits it, you may not use Software for any of the
130 other Permitted Uses. If you don't have an Entitlement, or if your
131 Entitlement doesn't cover additional software delivered to you, then
132 such software is for your Evaluation Use.
133
134 (a) Evaluation Use. You may evaluate Software internally for a period
135 of 90 days from your first use.
136
137 (b) Research and Instructional Use. You may use Software internally to
138 design, develop and test, and also to provide instruction on such
139 uses.
140
141 (c) Individual Use. You may use Software internally for personal,
142 individual use.
143
144 (d) Commercial Use. You may use Software internally for your own
145 commercial purposes.
146
147 (e) Service Provider Use. You may make Software functionality
148 accessible (but not by providing Software itself or through outsourcing
149 services) to your end users in an extranet deployment, but not to your
150 affiliated companies or to government agencies.
151
152 4. Licensed Units.
153
154 Your Permitted Use is limited to the number of Licensed Units stated in
155 your Entitlement. If you require additional Licensed Units, you will
156 need additional Entitlement(s).
157
158 5. Restrictions.
159
160 (a) The copies of Software provided to you under this Agreement are
161 licensed, not sold, to you by Sun. Sun reserves all rights not
162 expressly granted. (b) You may make a single archival copy of Software,
163 but otherwise may not copy, modify, or distribute Software. However if
164 the Sun documentation accompanying Software lists specific portions of
165 Software, such as header files, class libraries, reference source code,
166 and/or redistributable files, that may be handled differently, you may
167 do so only as provided in the Sun documentation. (c) You may not rent,
168 lease, lend or encumber Software. (d) Unless enforcement is prohibited
169 by applicable law, you may not decompile, or reverse engineer
170 Software. (e) The terms and conditions of this Agreement will apply to
171 any Software updates, provided to you at Sun's discretion, that replace
172 and/or supplement the original Software, unless such update contains a
173 separate license. (f) You may not publish or provide the results of any
174 benchmark or comparison tests run on Software to any third party
175 without the prior written consent of Sun. (g) Software is confidential
176 and copyrighted. (h) Unless otherwise specified, if Software is
177 delivered with embedded or bundled software that enables functionality
178 of Software, you may not use such software on a stand-alone basis or
179 use any portion of such software to interoperate with any program(s)
180 other than Software. (i) Software may contain programs that perform
181 automated collection of system data and/or automated software updating
182 services. System data collected through such programs may be used by
183 Sun, its subcontractors, and its service delivery partners for the
184 purpose of providing you with remote system services and/or improving
185 Sun's software and systems. (j) Software is not designed, licensed or
186 intended for use in the design, construction, operation or maintenance
187 of any nuclear facility and Sun and its licensors disclaim any express
188 or implied warranty of fitness for such uses. (k) No right, title or
189 interest in or to any trademark, service mark, logo or trade name of
190 Sun or its licensors is granted under this Agreement.
191
192 6. Term and Termination.
193
194 The license and service term are set forth in your Entitlement(s). Your
195 rights under this Agreement will terminate immediately without notice
196 from Sun if you materially breach it or take any action in derogation
197 of Sun's and/or its licensors' rights to Software. Sun may terminate
198 this Agreement should any Software become, or in Sun's reasonable
199 opinion likely to become, the subject of a claim of intellectual
200 property infringement or trade secret misappropriation. Upon
201 termination, you will cease use of, and destroy, Software and confirm
202 compliance in writing to Sun. Sections 1, 5, 6, 7, and 9-15 will
203 survive termination of the Agreement.
204
205 7. Java Compatibility and Open Source.
206
207 Software may contain Java technology. You may not create additional
208 classes to, or modifications of, the Java technology, except under
209 compatibility requirements available under a separate agreement
210 available at www.java.net.
211
212 Sun supports and benefits from the global community of open source
213 developers, and thanks the community for its important contributions
214 and open standards-based technology, which Sun has adopted into many of
215 its products.
216
217 Please note that portions of Software may be provided with notices and
218 open source licenses from such communities and third parties that
219 govern the use of those portions, and any licenses granted hereunder do
220 not alter any rights and obligations you may have under such open
221 source licenses, however, the disclaimer of warranty and limitation of
222 liability provisions in this Agreement will apply to all Software in
223 this distribution.
224
225 8. Limited Warranty.
226
227 Sun warrants to you that for a period of 90 days from the date of
228 purchase, as evidenced by a copy of the receipt, the media on which
229 Software is furnished (if any) will be free of defects in materials and
230 workmanship under normal use. Except for the foregoing, Software is
231 provided "AS IS". Your exclusive remedy and Sun's entire liability
232 under this limited warranty will be at Sun's option to replace Software
233 media or refund the fee paid for Software. Some states do not allow
234 limitations on certain implied warranties, so the above may not apply
235 to you. This limited warranty gives you specific legal rights. You may
236 have others, which vary from state to state.
237
238 9. Disclaimer of Warranty.
239
240 UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,
241 REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF
242 MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT
243 ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO
244 BE LEGALLY INVALID.
245
246 10. Limitation of Liability.
247
248 TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS
249 LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR
250 SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES,
251 HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR
252 RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS
253 BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun's
254 liability to you, whether in contract, tort (including negligence), or
255 otherwise, exceed the amount paid by you for Software under this
256 Agreement. The foregoing limitations will apply even if the above
257 stated warranty fails of its essential purpose. Some states do not
258 allow the exclusion of incidental or consequential damages, so some of
259 the terms above may not be applicable to you.
260
261 11. Export Regulations.
262
263 All Software, documents, technical data, and any other materials
264 delivered under this Agreement are subject to U.S. export control laws
265 and may be subject to export or import regulations in other countries.
266 You agree to comply strictly with these laws and regulations and
267 acknowledge that you have the responsibility to obtain any licenses to
268 export, re-export, or import as may be required after delivery to you.
269
270 12. U.S. Government Restricted Rights.
271
272 If Software is being acquired by or on behalf of the U.S. Government or
273 by a U.S. Government prime contractor or subcontractor (at any tier),
274 then the Government's rights in Software and accompanying documentation
275 will be only as set forth in this Agreement; this is in accordance with
276 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD)
277 acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD
278 acquisitions).
279
280 13. Governing Law.
281
282 Any action related to this Agreement will be governed by California law
283 and controlling U.S. federal law. No choice of law rules of any
284 jurisdiction will apply.
285
286 14. Severability.
287
288 If any provision of this Agreement is held to be unenforceable, this
289 Agreement will remain in effect with the provision omitted, unless
290 omission would frustrate the intent of the parties, in which case this
291 Agreement will immediately terminate.
292
293 15. Integration.
294
295 This Agreement, including any terms contained in your Entitlement, is
296 the entire agreement between you and Sun relating to its subject
297 matter. It supersedes all prior or contemporaneous oral or written
298 communications, proposals, representations and warranties and prevails
299 over any conflicting or additional terms of any quote, order,
300 acknowledgment, or other communication between the parties relating to
301 its subject matter during the term of this Agreement. No modification
302 of this Agreement will be binding, unless in writing and signed by an
303 authorized representative of each party.
304
305 Please contact Sun Microsystems, Inc. 4150 Network Circle, Santa Clara,
306 California 95054 if you have questions.