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Sun Microsystems, Inc. Binary Code License Agreement for
the
JAVA SE DEVELOPMENT KIT (JDK), VERSION 6
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.
- 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. "General Purpose Desktop Computers and Servers" means computers, including desktop, laptop and tablet computers, or servers, used for general
computing functions under end user control (such as but not specifically limited to email, general purpose Internet browsing, and office suite productivity tools). The use of Software in systems and solutions that provide dedicated functionality (other than as mentioned above) or designed for use in embedded or function-specific software applications, for example but not limited to: Software
embedded in or bundled with industrial control systems, wireless mobile telephones, wireless handheld devices, kiosks, TV/STB, Blu-ray Disc devices, telematics and network control switching equipment, printers and storage management systems, and other related systems are excluded from this definition and not licensed under this Agreement. "Programs" means Java technology applets and applications intended to run on the Java Platform Standard Edition (Java SE) platform on Java-enabled General Purpose Desktop Computers and Servers.
- 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.
- 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. Licensee acknowledges 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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).
- 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.
- 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.
- 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.
- Software Internal Use and Development License Grant.
Subject to the terms and conditions of this Agreement and
restrictions and exceptions set forth in the Software
"README" file incorporated herein by reference, 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 for the purpose of designing, developing, and
testing your Programs.
- License to Distribute Software. Subject to the terms and
conditions of this Agreement and restrictions and
exceptions set forth in the Software README file,
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 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, (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.
- License to Distribute Redistributables. Subject to the
terms and conditions of this Agreement and restrictions and
exceptions set forth in the Software README file, 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, and only bundled
as part of Programs, (ii) the Programs add significant and
primary functionality to the Redistributables, (iii) you do
not distribute additional software intended to supersede
any component(s) of the Redistributables (unless otherwise
specified in the applicable README file), (iv) you do not
remove or alter any proprietary legends or notices
contained in or on the Redistributables, (v) you only
distribute the Redistributables pursuant to a license
agreement that protects Sun's interests consistent with the
terms contained in the Agreement, (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.
- Java Technology Restrictions. You may not create,
modify, or change the behavior of, or authorize your
licensees to create, modify, or change the behavior of,
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.
- Distribution by Publishers. This section pertains to
your distribution of the Software with your printed book or
magazine (as those terms are commonly used in the industry)
relating to Java technology ("Publication"). Subject to and
conditioned upon your compliance with the restrictions and
obligations contained in the Agreement, in addition to the
license granted in Paragraph 1 above, Sun hereby grants to
you a non-exclusive, nontransferable limited right to
reproduce complete and unmodified copies of the Software on
electronic media (the "Media") for the sole purpose of
inclusion and distribution with your Publication(s),
subject to the following terms: (i) You may not distribute
the Software on a stand-alone basis; it must be distributed
with your Publication(s); (ii) You are responsible for
downloading the Software from the applicable Sun web site;
(iii) You must refer to the Software as JavaTM SE
Development Kit 6; (iv) The Software must be reproduced in
its entirety and without any modification whatsoever
(including, without limitation, the Binary Code License and
Supplemental License Terms accompanying the Software and
proprietary rights notices contained in the Software);
(v) The Media label shall include the following
information: Copyright 2006, Sun Microsystems, Inc. All
rights reserved. Use is subject to license terms. Sun, Sun
Microsystems, the Sun logo, Solaris, Java, the Java Coffee
Cup logo, J2SE, and all trademarks and logos based on Java
are trademarks or registered trademarks of Sun
Microsystems, Inc. in the U.S. and other countries. This
information must be placed on the Media label in such a
manner as to only apply to the Sun Software; (vi) You must
clearly identify the Software as Sun's product on the Media
holder or Media label, and you may not state or imply that
Sun is responsible for any third-party software contained
on the Media; (vii) You may not include any third party
software on the Media which is intended to be a replacement
or substitute for the Software; (viii) You shall indemnify
Sun for all damages arising from your failure to comply
with the requirements of this Agreement. In addition, you
shall defend, at your expense, any and all claims brought
against Sun by third parties, and shall pay all damages
awarded by a court of competent jurisdiction, or such
settlement amount negotiated by you, arising out of or in
connection with your use, reproduction or distribution of
the Software and/or the Publication. Your obligation to
provide indemnification under this section shall arise
provided that Sun: (a) provides you prompt notice of the
claim; (b) gives you sole control of the defense and
settlement of the claim; (c) provides you, at your expense,
with all available information, assistance and authority to
defend; and (d) has not compromised or settled such claim
without your prior written consent; and (ix) You shall
provide Sun with a written notice for each Publication;
such notice shall include the following information: (1)
title of Publication, (2) author(s), (3) date of
Publication, and (4) ISBN or ISSN numbers. Such notice
shall be sent to Sun Microsystems, Inc., 4150 Network
Circle, M/S USCA12-110, Santa Clara, California 95054,
U.S.A , Attention: Contracts Administration.
- 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.
- 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.
- Termination for Infringement. 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.
- Installation and Auto-Update. The Software's
installation and auto-update processes transmit a limited
amount of data to Sun (or its service provider) about those
specific processes to help Sun understand and optimize
them. Sun does not associate the data with personally
identifiable information. You can find more information
about the data Sun collects at http://java.com/data/.
For inquiries please contact: Sun Microsystems, Inc., 4150 Network Circle, Santa Clara, California 95054, U.S.A.





