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javahelp_license.html
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<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 3.2//EN"><html><head>
<meta http-equiv="CONTENT-TYPE" content="text/html; charset=iso-8859-1"><title></title>
<meta name="GENERATOR" content="StarOffice 6.0 (Solaris Sparc)">
<meta name="AUTHOR" content="douglass hall">
<meta name="CREATED" content="20010118;13284400">
<meta name="CHANGED" content="20030905;13512000"></head>
<body lang="en-US">
<p align="center"><font size="4">Sun Microsystems, Inc.</font> <br><font size="4">Binary
Code License Agreement</font></p>
<p>READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL
LICENSE TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE
OPENING THE SOFTWARE MEDIA PACKAGE.á BY OPENING THE SOFTWARE
MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT.á IF YOU
ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE YOUR ACCEPTANCE
OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END
OF THIS AGREEMENT.á IF YOU DO NOT AGREE TO ALL THESE TERMS,
PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE FOR A
REFUND OR, IF THE SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE
"DECLINE" BUTTON AT THE END OF THIS AGREEMENT.
</p>
<p><b>1.á LICENSE TO USE.</b>á Sun grants you a
non-exclusive and non-transferable license for the internal use only
of the accompanying software and documentation and any error
corrections provided by Sun (collectively "Software"), by
the number of users and the class of computer hardware for which the
corresponding fee has been paid.
</p>
<p><b>2.á RESTRICTIONS.á</b> Software is confidential and
copyrighted. Title to Software and all associated intellectual
property rights is retained by Sun and/or its licensors.á Except
as specifically authorized in any Supplemental License Terms, you may
not make copies of Software, other than a single copy of Software for
archival purposes.á Unless enforcement is prohibited by
applicable law, you may not modify, decompile, or reverse engineer
Software.á You acknowledge that Software is not designed,
licensed or intended for use in the design, construction, operation
or maintenance of any nuclear facility.á Sun disclaims any
express or implied warranty of fitness for such uses.á 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.
</p>
<p><b>3. LIMITED WARRANTY.</b>á 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.á Except for the foregoing, Software is provided "AS
IS".á 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.
</p>
<p><b>4.á DISCLAIMER OF WARRANTY.á</b> 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.
</p>
<p><b>5.á LIMITATION OF LIABILITY.</b>á 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.á 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.á The foregoing limitations will apply even if the
above stated warranty fails of its essential purpose.
</p>
<p><b>6.á Termination.</b>á This Agreement is effective
until terminated.á You may terminate this Agreement at any time
by destroying all copies of Software.á This Agreement will
terminate immediately without notice from Sun if you fail to comply
with any provision of this Agreement.á Upon Termination, you
must destroy all copies of Software.
</p>
<p><b>7. Export Regulations.</b> 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.á 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.
</p>
<p><b>8.áá U.S. Government Restricted Rights.á</b> 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).
</p>
<p><b>9.á Governing Law.</b>á Any action related to this
Agreement will be governed by California law and controlling U.S.
federal law.á No choice of law rules of any jurisdiction will
apply.
</p>
<p><b>10.á Severability.</b> 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.
</p>
<p><b>11.á Integration.</b>á This Agreement is the entire
agreement between you and Sun relating to its subject matter.á
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.á
No modification of this Agreement will be binding, unless in writing
and signed by an authorized representative of each party.
</p>
<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;">
</font>VERSION 2.0</font></font><br><font size="4">SUPPLEMENTAL LICENSE
TERMS</font></p>
<p align="center" style="margin-bottom: 0cm;"><br>
</p>
<p>These supplemental license terms ("Supplemental Terms")
add to or modify the terms of the Binary Code License Agreement
(collectively, the "Agreement"). Capitalized terms not
defined in these Supplemental Terms shall have the same meanings
ascribed to them in the Agreement. These Supplemental Terms shall
supersede any inconsistent or conflicting terms in the Agreement, or
in any license contained within the Software.
</p>
<p style="margin-bottom: 0.51cm;"><font color="#000000"><b>1. Software
Internal Use and Development License Grant.</b> Subject to the terms
and conditions of this Agreement, including, but not limited to
Section 4 (Java(TM) Technology Restrictions) of these Supplemental
Terms, Sun grants you a non-exclusive, non-transferable, limited
license to reproduce internally and use internally the binary form of
the Software complete and unmodified for the sole purpose of
designing, developing and testing your Java applets and applications
intended to run on the Java platform ("Programs"). </font>
</p>
<p style="margin-bottom: 0.51cm;"><font color="#000000"><b>2. License
to Distribute Software.</b>á In addition to the license granted
in Section 1 (Software Internal Use and Development License Grant) of
these Supplemental Terms, subject to the terms and conditions of this
Agreement, including but not limited to Section 4 (Java Technology
Restrictions), Sun grants you a non-exclusive, non-transferable,
limited license to reproduce and distribute the Software in binary
form only, provided that you (i) distribute the Software complete and
unmodified and only bundled as part of your Programs, (ii) do not
distribute additional software intended to replace any component(s)
of the Software, (iii) do not remove or alter any proprietary legends
or notices contained in the Software, (iv) only distribute the
Software subject to a license agreement that protects Sun's interests
consistent with the terms contained in this Agreement, and (v) 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. </font>
</p>
<p style="margin-bottom: 0.51cm;"><font color="#000000"><b>3. License
to Distribute Redistributables.</b>á In addition to the license
granted in Section 1 (Software Internal Use and Development License
Grant) of these Supplemental Terms, subject to the terms and
conditions of this Agreement, including but not limited to Section 3
(Java Technology Restrictions) of these Supplemental Terms, Sun
grants you a non-exclusive, non-transferable, limited license 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 (unless otherwise specified
in the applicable README file), and only bundled as part of your
Programs, (ii) you do not distribute additional software intended to
supersede any component(s) of the Redistributables, (iii) you do not
remove or alter any proprietary legends or notices contained in or on
the Redistributables, (iv) you only distribute the Redistributables
pursuant to a license agreement that protects Sun's interests
consistent with the terms contained in the Agreement, and (v) 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. </font>
</p>
<p style="margin-bottom: 0.51cm;"><b><font color="#000000">4. Java
Techn</font>ology Restrictions.</b> You may not modify the Java
Platform Interface ("JPI", identified as classes contained
within the "java" package or any subpackages of the "java"
package), by creating additional classes within the JPI or otherwise
causing the addition to or modification of the classes in the JPI.á
In the event that you create an additional class and associated
API(s) which (i) extends the functionality of the Java platform, and
(ii) is exposed to third party software developers for the purpose of
developing additional software which invokes such additional API, you
must promptly publish broadly an accurate specification for such API
for free use by all developers. You may not create, or authorize your
licensees to create, additional 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.
</p>
<p style="margin-bottom: 0.51cm;"><b>5. Java Runtime Availability.</b>á
Refer to the appropriate version of the Java Runtime Environment
binary code license (currently located at
http://www.java.sun.com/jdk/index.html) for the availability of
runtime code which may be distributed with Java applets and
applications.
</p>
<p style="margin-bottom: 0.51cm;"><b>6. Trademarks and Logos.</b> 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.
</p>
<p style="margin-bottom: 0.51cm;"><b>7. Source Code.</b> Software may
contain source code that 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. Some
source code may contain alternative license terms that apply only to
that source code file.</p>
<p style="margin-bottom: 0.51cm;"><b>8. Termination for Infringement.</b>á
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.
</p>
<p style="margin-bottom: 0.51cm;"><font face="Thorndale"><font color="#000000">For
inquiries please contact: Sun Microsystems, Inc. 4150 Network Circle,
Santa Clara, California 95054.</font></font> <br><i>(LFI#135834/Form
ID#011801)</i></p>
</body></html>