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			190 lines
		
	
	
		
			9.1 KiB
		
	
	
	
		
			Plaintext
		
	
	
	
	
	
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								Sun Microsystems, Inc. Binary Code License Agreement
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								SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE SOFTWARE TO YOU
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								ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS
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								BINARY CODE LICENSE AGREEMENT ("AGREEMENT").  PLEASE READ THE AGREEMENT
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								CAREFULLY.  BY DOWNLOADING OR INSTALLING THIS SOFTWARE, YOU ACCEPT THE FULL
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								TERMS OF THIS AGREEMENT.
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								1. Definitions.
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								"Software" means all third party software provided to You in binary code form
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								by Sun under this License as specifically indicated on the openjdk.java.net
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								source download web page. Software includes any updates or error corrections
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								or documentation relating to Software provided to You by Sun under this
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								License as indicated on the openjdk.java.net source download web page.
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								2. Permitted Uses.
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								Subject to the terms and conditions of this Agreement, Sun grants you a
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								non-exclusive, non-transferable, limited license without fees to
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								(a) reproduce and use internally the Software for the purposes of developing
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								or running a distribution based upon OpenJDK code made available from Sun
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								("OpenJDK Code").
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								(b) reproduce and distribute the Software, provided that you (i) distribute
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								the Software bundled as part of, and for the sole purpose of running an
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								unmodified version of the OpenJDK Code or a runtime environment based upon
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								theOpenJDK Code; (ii) only distribute and use the Software with the
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								component of the OpenJDK Code into which such Software was originally
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								incorporated by Sun; (iii) do not remove or alter any proprietary legends or
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								notices contained in or on the Software; (iv) only distribute the Software
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								subject to a license agreement that protects Sun's interests consistent with
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								the terms contained in this Agreement; and (v) you agree to defend and
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								indemnify Sun and its licensors from and against any damages, costs,
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								liabilities, settlement amounts and/or expenses (including attorneys' fees)
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								incurred in connection with any claim, lawsuit or action by any third party
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								that arises or results from (A) the use or distribution of your software,
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								product or materials (or any part thereof) in any manner, or (B) your use or
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								distribution of the Software in violation of the terms of this Agreement or
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								applicable law.
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								3. Restrictions.
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								(a) The copies of Software provided to you under this Agreement is licensed,
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								not sold, to you by Sun.  Sun reserves all rights not expressly granted.
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								(b) You may not modify Software.
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								(c) You may not rent, lease, lend or encumber Software.
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								(d) You do not remove or alter any proprietary legends or notices contained
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								in the Software,
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								(e) Unless enforcement is prohibited by applicable law, you may not
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								decompile, or reverse engineer Software.
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								(f) The terms and conditions of this Agreement will apply to any Software
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								updates, provided to you at Sun's discretion, that replace and/or supplement
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								the original Software, unless such update contains a separate license.
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								(g) Software is copyrighted.
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								(h) Software is not designed, licensed or intended for use in the design,
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								construction, operation or maintenance of any nuclear facility and Sun and
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								its licensors disclaim any express or implied warranty of fitness for such
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								uses.
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								(i) No right, title or interest in or to any trademark, service mark, logo
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								or trade name of Sun or its licensors is granted under this Agreement.
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								(j) If your Permitted Use in this Agreement permits the distribution
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								Software or portions of the Software, you may only distribute the Software
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								subject to a license agreement that protects Sun's interests consistent with
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								the terms contained in this Agreement.
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								4. Open Source.
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								Sun supports and benefits from the global community of open source
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								developers, and thanks the community for its important contributions and
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								open standards-based technology, which Sun has adopted into many of its
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								products.
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								Please note that portions of Software may be provided with notices and open
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								source licenses from such communities and third parties that govern the use
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								of those portions, and any licenses granted hereunder do not alter any
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								rights and obligations you may have under such open source licenses,
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								however, the disclaimer of warranty and limitation of liability provisions
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								in this Agreement will apply to all Software in this distribution.
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								5. Term and Termination.
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								The Agreement is effective on the Date you receive the Software and remains
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								effective until terminated.  Your rights under this Agreement will terminate
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								immediately without notice from Sun if you materially breach it or take any
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								action in derogation of Sun's and/or its licensors' rights to Software.  Sun
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								may terminate this Agreement should any Software become, or in Sun's
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								reasonable opinion likely to become, the subject of a claim of intellectual
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								property infringement or trade secret misappropriation.  Upon termination,
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								you will cease use of, and destroy, Software and confirm compliance in
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								writing to Sun.  Sections 1, 3, 4, 5, and 7-13 will survive termination of
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								the Agreement.
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								6. Limited Warranty.
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								Sun warrants to you that for a period of 90 days from the date of receipt,
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								the media on which Software is furnished (if any) will be free of defects in
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								materials and workmanship under normal use.  Except for the foregoing,
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								Software is provided "AS IS".  Your exclusive remedy and Sun's entire
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								liability under this limited warranty will be at Sun's option to replace
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								Software media or refund the fee paid for Software.  Some states do not
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								allow limitations on certain implied warranties, so the above may not apply
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								to you.  This limited warranty gives you specific legal rights.  You may
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								have others, which vary from state to state.
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								7. Disclaimer of Warranty.
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								UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,
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								REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF
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								MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE
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								DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE
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								LEGALLY INVALID.
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								8. Limitation of Liability.
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								TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS
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								BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT,
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								CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF
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								THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR
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								INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY
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								OF SUCH DAMAGES.  In no event will Sun's liability to you, whether in
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								contract, tort (including negligence), or otherwise, exceed the amount paid
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								by you Software under this Agreement.  The foregoing limitations will apply
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								even if the above stated warranty fails of its essential purpose.  Some
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								states do not allow the exclusion of incidental or consequential damages, so
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								some of the terms above may not be applicable to you.
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								9. Export Regulations.
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								All Software, documents, technical data, and any other materials delivered
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								under this Agreement are subject to U.S. export control laws and may be
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								subject to export or import regulations in other countries.  You agree to
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								comply strictly with these laws and regulations and acknowledge that you
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								have the responsibility to obtain any licenses to export, re-export, or
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								import as may be required after delivery to you.
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								10. U.S. Government Restricted Rights.
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								If Software is being acquired by or on behalf of the U.S. Government or by a
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								U.S. Government prime contractor or subcontractor (at any tier), then the
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								Government's rights in Software and accompanying documentation will be only
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								as set forth in this Agreement; this is in accordance with 48 CFR 227.7201
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								through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with
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								48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
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								11. Governing Law.
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								Any action related to this Agreement will be governed by California law and
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								controlling U.S. federal law.  No choice of law rules of any jurisdiction
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								will apply.
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								12. Severability.
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								If any provision of this Agreement is held to be unenforceable, this
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								Agreement will remain in effect with the provision omitted, unless omission
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								would frustrate the intent of the parties, in which case this Agreement will
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								immediately terminate.
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								13. Integration.
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								This Agreement is the entire agreement between you and Sun relating to its
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								subject matter.  It supersedes all prior or contemporaneous oral or written
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								communications, proposals, representations and warranties and prevails over
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								any conflicting or additional terms of any quote, order, acknowledgment, or
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								other communication between the parties relating to its subject matter
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								during the term of this Agreement.  No modification of this Agreement will
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								be binding, unless in writing and signed by an authorized representative of
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								each party.
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								SUPPLEMENTAL TERMS.
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								A.  As a condition to the rights and licenses granted to you in this
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								Agreement, you cannot and shall not distribute a modified version of the AWT
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								that does not contain all of the class libraries (or equivalent libraries)
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								of the AWT if such modified version is distributed in association with
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								dedicated circuitry in silicon.  For purposes of this section, "AWT" means
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								the abstract windowing toolkit class libraries implemented in the OpenJDK
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								Code or any modified version of such abstract windowing toolkit that is
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								created and distributed by Sun or its licensees.
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