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234 lines
13 KiB
HTML
<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 3.2//EN"><html><head>
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<meta http-equiv="CONTENT-TYPE" content="text/html; charset=iso-8859-1"><title></title>
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<meta name="GENERATOR" content="StarOffice 6.0 (Solaris Sparc)">
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<meta name="AUTHOR" content="douglass hall">
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<meta name="CREATED" content="20010118;13284400">
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<meta name="CHANGED" content="20030905;13512000"></head>
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<body lang="en-US">
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<p align="center"><font size="4">Sun Microsystems, Inc.</font> <br><font size="4">Binary
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Code License Agreement</font></p>
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<p>READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL
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LICENSE TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE
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OPENING THE SOFTWARE MEDIA PACKAGE.á BY OPENING THE SOFTWARE
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MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT.á IF YOU
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ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE YOUR ACCEPTANCE
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OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END
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OF THIS AGREEMENT.á IF YOU DO NOT AGREE TO ALL THESE TERMS,
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PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE FOR A
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REFUND OR, IF THE SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE
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"DECLINE" BUTTON AT THE END OF THIS AGREEMENT.
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</p>
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<p><b>1.á LICENSE TO USE.</b>á Sun grants you a
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non-exclusive and non-transferable license for the internal use only
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of the accompanying software and documentation and any error
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corrections provided by Sun (collectively "Software"), by
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the number of users and the class of computer hardware for which the
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corresponding fee has been paid.
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</p>
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<p><b>2.á RESTRICTIONS.á</b> Software is confidential and
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copyrighted. Title to Software and all associated intellectual
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property rights is retained by Sun and/or its licensors.á Except
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as specifically authorized in any Supplemental License Terms, you may
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not make copies of Software, other than a single copy of Software for
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archival purposes.á Unless enforcement is prohibited by
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applicable law, you may not modify, decompile, or reverse engineer
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Software.á You acknowledge that Software is not designed,
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licensed or intended for use in the design, construction, operation
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or maintenance of any nuclear facility.á Sun disclaims any
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express or implied warranty of fitness for such uses.á No right,
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title or interest in or to any trademark, service mark, logo or trade
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name of Sun or its licensors is granted under this Agreement.
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</p>
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<p><b>3. LIMITED WARRANTY.</b>á Sun warrants to you that for a
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period of ninety (90) days from the date of purchase, as evidenced by
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a copy of the receipt, the media on which Software is furnished (if
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any) will be free of defects in materials and workmanship under
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normal use.á Except for the foregoing, Software is provided "AS
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IS".á Your exclusive remedy and Sun's entire liability
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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.
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</p>
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<p><b>4.á DISCLAIMER OF WARRANTY.á</b> UNLESS SPECIFIED IN
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THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS
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AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY,
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FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED,
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EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY
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INVALID.
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</p>
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<p><b>5.á LIMITATION OF LIABILITY.</b>á TO THE EXTENT NOT
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PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE
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FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT,
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CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED
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REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO
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THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED
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OF THE POSSIBILITY OF SUCH DAMAGES.á In no event will Sun's
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liability to you, whether in contract, tort (including negligence),
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or otherwise, exceed the amount paid by you for Software under this
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Agreement.á The foregoing limitations will apply even if the
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above stated warranty fails of its essential purpose.
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</p>
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<p><b>6.á Termination.</b>á This Agreement is effective
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until terminated.á You may terminate this Agreement at any time
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by destroying all copies of Software.á This Agreement will
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terminate immediately without notice from Sun if you fail to comply
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with any provision of this Agreement.á Upon Termination, you
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must destroy all copies of Software.
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</p>
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<p><b>7. Export Regulations.</b> All Software and technical data
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delivered under this Agreement are subject to US export control laws
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and may be subject to export or import regulations in other
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countries.á You agree to comply strictly with all such laws and
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regulations and acknowledge that you have the responsibility to
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obtain such licenses to export, re-export, or import as may be
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required after delivery to you.
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</p>
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<p><b>8.áá U.S. Government Restricted Rights.á</b> If
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Software is being acquired by or on behalf of the U.S. Government or
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by a U.S. Government prime contractor or subcontractor (at any tier),
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then the Government's rights in Software and accompanying
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documentation will be only as set forth in this Agreement; this is in
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accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of
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Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for
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non-DOD acquisitions).
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</p>
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<p><b>9.á Governing Law.</b>á Any action related to this
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Agreement will be governed by California law and controlling U.S.
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federal law.á No choice of law rules of any jurisdiction will
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apply.
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</p>
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<p><b>10.á Severability.</b> If any provision of this Agreement
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is held to be unenforceable, this Agreement will remain in effect
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with the provision omitted, unless omission would frustrate the
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intent of the parties, in which case this Agreement will immediately
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terminate.
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</p>
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<p><b>11.á Integration.</b>á This Agreement is the entire
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agreement between you and Sun relating to its subject matter.á
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It supersedes all prior or contemporaneous oral or written
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communications, proposals, representations and warranties and
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prevails over any conflicting or additional terms of any quote,
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order, acknowledgment, or other communication between the parties
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relating to its subject matter during the term of this Agreement.á
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No modification of this Agreement will be binding, unless in writing
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and signed by an authorized representative of each party.
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</p>
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<p align="center" style="margin-bottom: 0cm;"><font size="4"><font color="#000000">JAVAHELP</font>(TM)<font color="#000000"><font size="2" style="font-size: 9pt;">
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</font>VERSION 2.0</font></font><br><font size="4">SUPPLEMENTAL LICENSE
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TERMS</font></p>
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<p align="center" style="margin-bottom: 0cm;"><br>
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</p>
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<p>These supplemental license terms ("Supplemental Terms")
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add to or modify the terms of the Binary Code License Agreement
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(collectively, the "Agreement"). Capitalized terms not
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defined in these Supplemental Terms shall have the same meanings
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ascribed to them in the Agreement. These Supplemental Terms shall
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supersede any inconsistent or conflicting terms in the Agreement, or
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in any license contained within the Software.
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</p>
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<p style="margin-bottom: 0.51cm;"><font color="#000000"><b>1. Software
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Internal Use and Development License Grant.</b> Subject to the terms
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and conditions of this Agreement, including, but not limited to
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Section 4 (Java(TM) Technology Restrictions) of these Supplemental
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Terms, Sun grants you a non-exclusive, non-transferable, limited
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license to reproduce internally and use internally the binary form of
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the Software complete and unmodified for the sole purpose of
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designing, developing and testing your Java applets and applications
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intended to run on the Java platform ("Programs"). </font>
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</p>
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<p style="margin-bottom: 0.51cm;"><font color="#000000"><b>2. License
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to Distribute Software.</b>á In addition to the license granted
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in Section 1 (Software Internal Use and Development License Grant) of
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these Supplemental Terms, subject to the terms and conditions of this
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Agreement, including but not limited to Section 4 (Java Technology
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Restrictions), Sun grants you a non-exclusive, non-transferable,
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limited license to reproduce and distribute the Software in binary
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form only, provided that you (i) distribute the Software complete and
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unmodified and only bundled as part of your Programs, (ii) do not
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distribute additional software intended to replace any component(s)
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of the Software, (iii) do not remove or alter any proprietary legends
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or notices contained in the Software, (iv) only distribute the
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Software subject to a license agreement that protects Sun's interests
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consistent with the terms contained in this Agreement, and (v) agree
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to defend and indemnify Sun and its licensors from and against any
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damages, costs, liabilities, settlement amounts and/or expenses
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(including attorneys' fees) incurred in connection with any claim,
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lawsuit or action by any third party that arises or results from the
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use or distribution of any and all Programs and/or Software. </font>
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</p>
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<p style="margin-bottom: 0.51cm;"><font color="#000000"><b>3. License
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to Distribute Redistributables.</b>á In addition to the license
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granted in Section 1 (Software Internal Use and Development License
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Grant) of these Supplemental Terms, subject to the terms and
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conditions of this Agreement, including but not limited to Section 3
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(Java Technology Restrictions) of these Supplemental Terms, Sun
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grants you a non-exclusive, non-transferable, limited license to
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reproduce and distribute those files specifically identified as
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redistributable in the Software "README" file
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("Redistributables") provided that: (i) you distribute the
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Redistributables complete and unmodified (unless otherwise specified
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in the applicable README file), and only bundled as part of your
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Programs, (ii) you do not distribute additional software intended to
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supersede any component(s) of the Redistributables, (iii) you do not
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remove or alter any proprietary legends or notices contained in or on
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the Redistributables, (iv) you only distribute the Redistributables
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pursuant to a license agreement that protects Sun's interests
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consistent with the terms contained in the Agreement, and (v) you
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agree to defend and indemnify Sun and its licensors from and against
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any damages, costs, liabilities, settlement amounts and/or expenses
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(including attorneys' fees) incurred in connection with any claim,
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lawsuit or action by any third party that arises or results from the
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use or distribution of any and all Programs and/or Software. </font>
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</p>
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<p style="margin-bottom: 0.51cm;"><b><font color="#000000">4. Java
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Techn</font>ology Restrictions.</b> You may not modify the Java
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Platform Interface ("JPI", identified as classes contained
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within the "java" package or any subpackages of the "java"
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package), by creating additional classes within the JPI or otherwise
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causing the addition to or modification of the classes in the JPI.á
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In the event that you create an additional class and associated
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API(s) which (i) extends the functionality of the Java platform, and
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(ii) is exposed to third party software developers for the purpose of
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developing additional software which invokes such additional API, you
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must promptly publish broadly an accurate specification for such API
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for free use by all developers. You may not create, or authorize your
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licensees to create, additional classes, interfaces, or subpackages
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that are in any way identified as "java", "javax",
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"sun" or similar convention as specified by Sun in any
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naming convention designation.
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</p>
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<p style="margin-bottom: 0.51cm;"><b>5. Java Runtime Availability.</b>á
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Refer to the appropriate version of the Java Runtime Environment
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binary code license (currently located at
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http://www.java.sun.com/jdk/index.html) for the availability of
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runtime code which may be distributed with Java applets and
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applications.
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</p>
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<p style="margin-bottom: 0.51cm;"><b>6. Trademarks and Logos.</b> You
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acknowledge and agree as between you and Sun that Sun owns the SUN,
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SOLARIS, JAVA, JINI, FORTE, and iPLANET trademarks and all SUN,
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SOLARIS, JAVA, JINI, FORTE, and iPLANET-related trademarks, service
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marks, logos and other brand designations ("Sun Marks"),
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and you agree to comply with the Sun Trademark and Logo Usage
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Requirements currently located at
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http://www.sun.com/policies/trademarks. Any use you make of the Sun
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Marks inures to Sun's benefit.
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</p>
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<p style="margin-bottom: 0.51cm;"><b>7. Source Code.</b> Software may
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contain source code that is provided solely for reference purposes
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pursuant to the terms of this Agreement. Source code may not be
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redistributed unless expressly provided for in this Agreement. Some
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source code may contain alternative license terms that apply only to
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that source code file.</p>
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<p style="margin-bottom: 0.51cm;"><b>8. Termination for Infringement.</b>á
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Either party may terminate this Agreement immediately should any
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Software become, or in either party's opinion be likely to become,
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the subject of a claim of infringement of any intellectual property
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right.
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</p>
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<p style="margin-bottom: 0.51cm;"><font face="Thorndale"><font color="#000000">For
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inquiries please contact: Sun Microsystems, Inc. 4150 Network Circle,
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Santa Clara, California 95054.</font></font> <br><i>(LFI#135834/Form
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ID#011801)</i></p>
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</body></html> |