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1 [purpose] |
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2 |
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3 Java run time envonment |
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4 |
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5 [categories] |
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6 generic |
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7 |
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8 [files] |
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9 tools\distrib\j2re-1_3_1_01-win-i.exe |
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10 |
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11 [owner] |
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12 Developer Kits |
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13 |
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14 [IPR] |
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15 Sun Microsystems, Inc. |
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16 |
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17 Binary Code License Agreement |
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18 |
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19 |
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20 |
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21 |
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22 READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE TERMS |
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23 (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA |
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24 PACKAGE. BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS |
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25 AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE YOUR |
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26 ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS |
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27 AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PROMPTLY RETURN THE |
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28 UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS |
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29 ACCESSED ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THIS |
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30 AGREEMENT AND THE INSTALLATION PROCESS WILL NOT CONTINUE. |
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31 |
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32 |
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33 |
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34 |
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35 1. License to Use. Sun Microsystems, Inc. ("Sun") grants you a non-exclusive |
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36 and non-transferable license for the internal use only of the accompanying |
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37 software, documentation and any error corrections provided by Sun |
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38 (collectively "Software"), by the number of users and the class of computer |
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39 hardware for which the corresponding fee has been paid. |
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40 |
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41 |
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42 |
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43 |
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44 2. Restrictions. Software is confidential and copyrighted. Title to Software |
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45 and all associated intellectual property rights is retained by Sun and/or its |
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46 licensors. Except as specifically authorized in any Supplemental License |
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47 Terms, you may not make copies of Software, other than a single copy of |
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48 Software for archival purposes. Unless enforcement is prohibited by applicable |
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49 law, you may not modify, decompile, or reverse engineer Software. You |
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50 acknowledge that Software is not designed, licensed or intended for use in the |
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51 design, construction, operation or maintenance of any nuclear facility. Sun |
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52 disclaims any express or implied warranty of fitness for such uses. No right, |
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53 title or interest in or to any trademark, service mark, logo or trade name of |
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54 Sun or its licensors is granted under this Agreement. |
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55 |
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56 |
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57 |
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58 |
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59 3. Limited Warranty. Sun warrants to you that for a period of ninety (90) days |
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60 from the date of purchase, as evidenced by a copy of the receipt, the media on |
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61 which Software is furnished (if any) will be free of defects in materials and |
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62 workmanship under normal use. Except for the foregoing, Software is provided |
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63 "AS IS". Your exclusive remedy and Sun's entire liability under this limited |
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64 warranty will be at Sun's option to replace Software media or refund the fee |
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65 paid for Software. |
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66 |
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67 |
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68 |
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69 |
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70 4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR |
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71 IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED |
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72 WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR |
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73 NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS |
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74 ARE HELD TO BE LEGALLY INVALID. |
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75 |
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76 |
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77 |
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78 |
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79 5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT |
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80 WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR |
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81 FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER |
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82 CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE |
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83 USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE |
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84 POSSIBILITY OF SUCH DAMAGES. In no event will Sun's liability to you, whether |
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85 in contract, tort (including negligence), or otherwise, exceed the amount paid |
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86 by you for Software under this Agreement. The foregoing limitations will apply |
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87 even if the above stated warranty fails of its essential purpose. |
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88 |
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89 |
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90 |
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91 |
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92 6. Termination. This Agreement is effective until terminated. You may |
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93 terminate this Agreement at any time by destroying all copies of Software. |
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94 This Agreement will terminate immediately without notice from Sun if you fail |
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95 to comply with any provision of this Agreement. Upon Termination, you must |
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96 destroy all copies of Software. |
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97 |
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98 |
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99 |
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100 |
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101 7. Export Regulations. All Software and any technical data delivered under |
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102 this Agreement are subject to US export control laws and may be subject to |
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103 export or import regulations in other countries. You agree to comply strictly |
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104 with all such laws and regulations and acknowledge that you have the |
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105 responsibility to obtain such licenses to export, re-export, or import as may |
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106 be required after delivery to you. |
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107 |
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108 |
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109 |
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110 |
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111 8. U.S. Government Restricted Rights. If Software is being acquired by or on |
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112 behalf of the U.S. Government or by a U.S. Government prime contractor or |
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113 subcontractor (at any tier), then the Government's rights in Software and |
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114 accompanying documentation will be only as set forth in this Agreement; this |
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115 is in accordance with 48 C.F.R. 227.7202-4 (for Department of Defense (DOD) |
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116 acquisitions) and with 48 C.F.R. 2.101 and 12.212 (for non-DOD acquisitions). |
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117 |
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118 |
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119 |
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120 |
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121 9. Governing Law. Any action related to this Agreement will be governed by |
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122 California law and controlling U.S. federal law. No choice of law rules of any |
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123 jurisdiction will apply. |
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124 |
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125 |
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126 |
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127 |
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128 10. Severability. If any provision of this Agreement is held to be |
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129 unenforceable, this Agreement will remain in effect with the provision |
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130 omitted, unless omission would frustrate the intent of the parties, in which |
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131 case this Agreement will immediately terminate. |
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132 |
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133 |
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134 |
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135 |
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136 11. Integration. This Agreement is the entire agreement between you and Sun |
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137 relating to its subject matter. It supersedes all prior or contemporaneous |
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138 oral or written communications, proposals, representations and warranties and |
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139 prevails over any conflicting or additional terms of any quote, order, |
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140 acknowledgment, or other communication between the parties relating to its |
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141 subject matter during the term of this Agreement. No modification of this |
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142 Agreement will be binding, unless in writing and signed by an authorized |
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143 representative of each party. |
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144 |
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145 |
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146 |
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147 |
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148 For inquiries please contact: Sun Microsystems, Inc. 901 San Antonio Road, |
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149 Palo Alto, California 94303 |
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150 |
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151 |
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152 |
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153 |
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154 JAVA 2 RUNTIME ENVIRONMENT (J2RE), VERSION 1.3.x |
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155 |
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156 SUPPLEMENTAL LICENSE TERMS |
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157 |
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158 |
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159 |
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160 |
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161 These supplemental license terms ("Supplemental Terms") add to or modify the |
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162 terms of the Binary Code License Agreement (collectively, the "Agreement"). |
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163 Capitalized terms not defined in these Supplemental Terms shall have the same |
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164 meanings ascribed to them in the Agreement. These Supplemental Terms shall |
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165 supersede any inconsistent or conflicting terms in the Agreement, or in any |
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166 license contained within the Software. |
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167 |
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168 1. Software Internal Use and Development License Grant. Subject to the terms |
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169 and conditions of this Agreement, including, but not limited to Section 4 |
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170 (Java(TM) Technology Restrictions) of these Supplemental Terms, Sun grants you |
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171 a non-exclusive, non-transferable, limited license to reproduce internally and |
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172 use internally the binary form of the Software complete and unmodified for the |
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173 sole purpose of designing, developing and testing your Java applets and |
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174 applications intended to run on the Java platform ("Programs"). |
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175 |
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176 2. License to Distribute Software. Subject to the terms and conditions of this |
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177 Agreement, including, but not limited to Section 4 (Java (TM) Technology |
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178 Restrictions) of these Supplemental Terms, Sun grants you a non-exclusive, |
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179 non-transferable, limited license to reproduce and distribute the Software in |
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180 binary code form only, provided that (i) you distribute the Software complete |
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181 and unmodified and only bundled as part of, and for the sole purpose of |
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182 running, your Programs, (ii) the Programs add significant and primary |
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183 functionality to the Software, (iii) you do not distribute additional software |
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184 intended to replace any component(s) of the Software, (iv) you do not remove |
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185 or alter any proprietary legends or notices contained in the Software, (v) you |
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186 only distribute the Software subject to a license agreement that protects |
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187 Sun's interests consistent with the terms contained in this Agreement, and |
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188 (vi) you agree to defend and indemnify Sun and its licensors from and against |
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189 any damages, costs, liabilities, settlement amounts and/or expenses (including |
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190 attorneys' fees) incurred in connection with any claim, lawsuit or action by |
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191 any third party that arises or results from the use or distribution of any and |
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192 all Programs and/or Software. |
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193 |
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194 3. License to Distribute Redistributables. Subject to the terms and conditions |
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195 of this Agreement, including but not limited to Section 4 (Java Technology |
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196 Restrictions) of these Supplemental Terms, Sun grants you a non-exclusive, |
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197 non-transferable, limited license to reproduce and distribute the binary form |
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198 of those files specifically identified as redistributable in the Software |
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199 "README" file ("Redistributables") provided that: (i) you distribute the |
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200 Redistributables complete and unmodified (unless otherwise specified in the |
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201 applicable README file), and only bundled as part of Programs, (ii) you do not |
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202 distribute additional software intended to supersede any component(s) of the |
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203 Redistributables, (iii) you do not remove or alter any proprietary legends or |
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204 notices contained in or on the Redistributables, (iv) you only distribute the |
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205 Redistributables pursuant to a license agreement that protects Sun's interests |
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206 consistent with the terms contained in the Agreement, and (v) you agree to |
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207 defend and indemnify Sun and its licensors from and against any damages, |
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208 costs, liabilities, settlement amounts and/or expenses (including attorneys' |
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209 fees) incurred in connection with any claim, lawsuit or action by any third |
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210 party that arises or results from the use or distribution of any and all |
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211 Programs and/or Software. |
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212 |
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213 4. Java Technology Restrictions. You may not modify the Java Platform |
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214 Interface ("JPI", identified as classes contained within the "java" package or |
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215 any subpackages of the "java" package), by creating additional classes within |
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216 the JPI or otherwise causing the addition to or modification of the classes in |
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217 the JPI. In the event that you create an additional class and associated |
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218 API(s) which (i) extends the functionality of the Java platform, and (ii) is |
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219 exposed to third party software developers for the purpose of developing |
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220 additional software which invokes such additional API, you must promptly |
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221 publish broadly an accurate specification for such API for free use by all |
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222 developers. You may not create, or authorize your licensees to create, |
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223 additional classes, interfaces, or subpackages that are in any way identified |
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224 as "java", "javax", "sun" or similar convention as specified by Sun in any |
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225 naming convention designation. |
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226 |
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227 5. Trademarks and Logos. You acknowledge and agree as between you and Sun that |
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228 Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET trademarks and all |
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229 SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET-related trademarks, service |
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230 marks, logos and other brand designations ("Sun Marks"), and you agree to |
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231 comply with the Sun Trademark and Logo Usage Requirements currently located at |
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232 http://www.sun.com/policies/trademarks. Any use you make of the Sun Marks |
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233 inures to Sun's benefit. |
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234 |
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235 6. Source Code. Software may contain source code that is provided solely for |
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236 reference purposes pursuant to the terms of this Agreement. Source code may |
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237 not be redistributed unless expressly provided for in this Agreement. |
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238 |
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239 7. |
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240 Termination for Infringement. Either party may terminate this Agreement |
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241 immediately should any Software become, or in either party's opinion be likely |
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242 to become, the subject of a claim of infringement of any intellectual property |
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243 right. |
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244 |
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245 For inquiries please contact: Sun Microsystems, Inc. 901 San Antonio Road, |
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246 Palo Alto, California 94303 |
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247 (LFI#90956/Form ID#011801) |
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248 |