forked from LeenkxTeam/LNXSDK
190 lines
9.1 KiB
Plaintext
190 lines
9.1 KiB
Plaintext
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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