190 lines
		
	
	
		
			9.1 KiB
		
	
	
	
		
			Plaintext
		
	
	
	
	
	
		
		
			
		
	
	
			190 lines
		
	
	
		
			9.1 KiB
		
	
	
	
		
			Plaintext
		
	
	
	
	
	
|  | Sun Microsystems, Inc. Binary Code License Agreement | ||
|  | 
 | ||
|  | SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE SOFTWARE TO YOU | ||
|  | ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS | ||
|  | BINARY CODE LICENSE AGREEMENT ("AGREEMENT").  PLEASE READ THE AGREEMENT | ||
|  | CAREFULLY.  BY DOWNLOADING OR INSTALLING THIS SOFTWARE, YOU ACCEPT THE FULL | ||
|  | TERMS OF THIS AGREEMENT. | ||
|  | 
 | ||
|  | 1. Definitions. | ||
|  | 
 | ||
|  | "Software" means all third party software provided to You in binary code form | ||
|  | by Sun under this License as specifically indicated on the openjdk.java.net | ||
|  | source download web page. Software includes any updates or error corrections | ||
|  | or documentation relating to Software provided to You by Sun under this | ||
|  | License as indicated on the openjdk.java.net source download web page. | ||
|  | 
 | ||
|  | 2. Permitted Uses. | ||
|  | 
 | ||
|  | Subject to the terms and conditions of this Agreement, 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 a distribution based upon OpenJDK code made available from Sun | ||
|  | ("OpenJDK Code"). | ||
|  | 
 | ||
|  | (b) reproduce and distribute the Software, provided that you (i) distribute | ||
|  | the Software bundled as part of, and for the sole purpose of running an | ||
|  | unmodified version of the OpenJDK Code or a runtime environment based upon | ||
|  | theOpenJDK Code; (ii) only distribute and use the Software with the | ||
|  | component of the OpenJDK Code into which such Software was originally | ||
|  | incorporated by Sun; (iii) do not remove or alter any proprietary legends or | ||
|  | notices contained in or on the Software; (iv) only distribute the Software | ||
|  | subject to a license agreement that protects Sun's interests consistent with | ||
|  | the terms contained in this Agreement; and (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 (A) the use or distribution of your software, | ||
|  | product or materials (or any part thereof) in any manner, or (B) your use or | ||
|  | distribution of the Software in violation of the terms of this Agreement or | ||
|  | applicable law. | ||
|  | 
 | ||
|  | 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. | ||
|  | 
 | ||
|  | (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 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. Open Source. | ||
|  | 
 | ||
|  | 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 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. | ||
|  | 
 | ||
|  | SUPPLEMENTAL TERMS. | ||
|  | 
 | ||
|  | A.  As a condition to the rights and licenses granted to you in this | ||
|  | Agreement, you cannot and shall not distribute a modified version of the AWT | ||
|  | that does not contain all of the class libraries (or equivalent libraries) | ||
|  | of the AWT if such modified version is distributed in association with | ||
|  | dedicated circuitry in silicon.  For purposes of this section, "AWT" means | ||
|  | the abstract windowing toolkit class libraries implemented in the OpenJDK | ||
|  | Code or any modified version of such abstract windowing toolkit that is | ||
|  | created and distributed by Sun or its licensees. |