READ THE TERMS OF THIS AGREEMENT ("AGREEMENT") CAREFULLY
BEFORE DOWNLOADING SOFTWARE AVAILABLE FROM THIS SITE. BY
DOWNLOADING SOFTWARE AVAILABLE FROM THIS SITE, YOU AGREE
TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL
OF THE TERMS OF THIS AGREEMENT, PROMPTLY EXIT THIS SITE
AND DO NOT DOWNLOAD SOFTWARE.
A. ENTITLEMENT for SOFTWARE
THIS ENTITLEMENT EVIDENCES YOUR LICENSE TO USE THE SUN
SOFTWARE SET FORTH BELOW UNDER THE TERMS OF THE SUN
MICROSYSTEMS, INC. SOFTWARE LICENSE AGREEMENT.
Licensee/Company: Entity receiving Software.
Effective Date: Date Sun delivers the Software to You.
Software: software made available for download on this
site.
Host Software: The software product described in the
Software's documentation for which the Software is
intended to be used with.
Permitted Use: The Permitted Use shall be the same as the
Permitted Use in Your Host Software's Software License
Agreement. Software amy only be used in conjunction with
the Host Software. Use of the Software on a stand-alone
basis is not permitted under this license. If You do not
have a valid license to use the Host Software, You have no
license to use the Software for any purpose.
License Term: The License Term shall be the same as the
License Term set forth in your Host Software's Software
License Agreement.
Licensed Unit: The Licensed Unit shall be the same as the
Licensed Unit set forth in your Host Software's Software
License Agreement.
Licensed Unit Count: The License Unit Count shall be the
same as the Licensed Unit Count set forth in your Host
Software's Software License Agreement.
B. Sun Microsystems, Inc. ("Sun")
SOFTWARE LICENSE AGREEMENT
READ THE TERMS OF THIS AGREEMENT ("AGREEMENT") CAREFULLY
BEFORE OPENING SOFTWARE MEDIA PACKAGE. BY OPENING SOFTWARE
MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT.
IF YOU ARE ACCESSING SOFTWARE ELECTRONICALLY, INDICATE
YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT"
BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE
TO ALL OF THE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE
TO YOUR PLACE OF PURCHASE FOR A REFUND OR, IF SOFTWARE IS
ACCESSED ELECTRONICALLY, SELECT THE "DECLINE" (OR "EXIT")
BUTTON AT THE END OF THIS AGREEMENT. IF YOU HAVE
SEPARATELY AGREED TO LICENSE TERMS ("MASTER TERMS") FOR
YOUR LICENSE TO THIS SOFTWARE, THEN SECTIONS 1-5 OF THIS
AGREEMENT ("SUPPLEMENTAL LICENSE TERMS") SHALL SUPPLEMENT
AND SUPERSEDE THE MASTER TERMS IN RELATION TO THIS
SOFTWARE.
1. Definitions.
(a) "Entitlement" means the collective set of
applicable documents authorized by Sun evidencing your
obligation to pay associated fees (if any) for the
license, associated Services, and the authorized scope
of use of Software under this Agreement.
(b) "Licensed Unit" means the unit of measure by
which your use of Software and/or Service is licensed, as
described in your Entitlement.
(c) "Permitted Use" means the licensed Software
use(s) authorized in this Agreement as specified in your
Entitlement. The Permitted Use for any bundled Sun
software not specified in your Entitlement will be
evaluation use as provided in Section 3.
(d) "Service" means the service(s) that Sun or its
delegate will provide, if any, as selected in your
Entitlement and as further described in the applicable
service listings at www.sun.com/service/servicelist.
(e) "Software" means the Sun software described in
your Entitlement. Also, certain software may be included
for evaluation use under Section 3.
(f) "You" and "Your" means the individual or legal entity
specified in the Entitlement, or for evaluation purposes,
the entity performing the evaluation.
2. License Grant and Entitlement.
Subject to the terms of your Entitlement, Sun grants you a
nonexclusive, nontransferable limited license to use
Software for its Permitted Use for the license term. Your
Entitlement will specify (a) Software licensed, (b) the
Permitted Use, (c) the license term, and (d) the Licensed
Units.
Additionally, if your Entitlement includes Services, then
it will also specify the (e) Service and (f) service term.
If your rights to Software or Services are limited in
duration and the date such rights begin is other than the
purchase date, your Entitlement will provide that
beginning date(s).
The Entitlement may delivered to you in various ways
depending on the manner in which you obtain Software and
Services, for example, the Entitlement may be provided in
your receipt, invoice or your contract with Sun or
authorized Sun reseller. It may also be in electronic
format if you download Software.
3. Permitted Use.
As selected in your Entitlement, one or more of the
following Permitted Uses will apply to your use of
Software. Unless you have an Entitlement that expressly
permits it, you may not use Software for any of the other
Permitted Uses. If you don't have an Entitlement, or if
your Entitlement doesn't cover additional software
delivered to you, then such software is for your
Evaluation Use.
(a) Evaluation Use. You may evaluate Software internally
for a period of 90 days from your first use.
(b) Research and Instructional Use. You may use Software
internally to design, develop and test, and also to
provide instruction on such uses.
(c) Individual Use. You may use Software internally for
personal, individual use.
(d) Commercial Use. You may use Software internally for
your own commercial purposes.
(e) Service Provider Use. You may make Software
functionality accessible (but not by providing Software
itself or through outsourcing services) to your end users
in an extranet deployment, but not to your affiliated
companies or to government agencies.
4. Licensed Units.
Your Permitted Use is limited to the number of Licensed
Units stated in your Entitlement. If you require
additional Licensed Units, you will need additional
Entitlement(s).
5. 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
make a single archival copy of Software, but otherwise may
not copy, modify, or distribute Software. However if the
Sun documentation accompanying Software lists specific
portion of Software, such as header files, class
libraries, reference source code, and/or redistributable
files, that may be handled differently, you may do so only
as provided in the Sun documentation. (c) You may not
rent, lease, lend or encumber Software. (d) Unless
enforcement is prohibited by applicable law, you may not
decompile, or reverse engineer Software. (e) 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. (f) You may not publish or
provide the results of any benchmark or comparison tests
run on Software to any third party without the prior written
consent of Sun. (g) Software is confidential and
copyrighted. (h) Unless otherwise specified, if Software
is delivered with embedded or bundled software that
enables functionality of Software, you may not use such
software on a stand-alone basis or use any portion of such
software to interoperate with any program(s) other than
Software. (i) Software may contain programs that perform
automated collection of system data and/or automated
software updating services. System data collected through
such programs may be used by Sun, its subcontractors, and
its service delivery partners for the purpose of providing
you with remote system services and/or improving Sun's
software and systems. (j) 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. (k) 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.
6. Term and Termination.
The license and service term are set forth in your
Entitlement(s). 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, 5, 6, 7, and 9-15 will survive
termination of the Agreement.
7. Java Compatibility and Open Source.
Software may contain Java technology. You may not create
additional classes to, or modifications of, the Java
technology, except under compatibility requirements
available under a separate agreement available at
www.java.net.
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.
8. Limited Warranty.
Sun warrants to you that for a period of 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. 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.
9. 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.
10. 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.
11. 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.
12. 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).
13. 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.
14. 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.
15. Integration.
This Agreement, including any terms contained in your
Entitlement, 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.
Please contact Sun Microsystems, Inc. 4150 Network Circle,
Santa Clara, California 95054 if you have questions.
.