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-Sun Microsystems, Inc.
-Binary Code License Agreement
-
-READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE
-TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE
-MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO
-THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING THE 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 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.
-
-1. LICENSE TO USE.
- 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.
-
-2. RESTRICTIONS.
- Software is confidential and copyrighted. Title to Software and all
- associated intellectual property rights is retained by Sun and/or
- its licensors. 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. Unless
- enforcement is prohibited by applicable law, you may not modify,
- decompile, or reverse engineer Software. Licensee acknowledges that
- 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.
-
-3. 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.
-
-4. 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.
-
-5. 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.
-
-6. 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. Upon
- Termination, you must destroy all copies of Software.
-
-7. 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.
-
-8. 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).
-
-9. 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.
-
-10. 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.
-
-11. 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.
-
-For inquiries please contact:
-Sun Microsystems, Inc.
-4150 Network Circle
-Santa Clara, California 95054.
-
-
-DEVELOPMENT TOOLS
-
-JVMSTAT 3.0
-
-SUPPLEMENTAL LICENSE TERMS
-
-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 Binary Code License Agreement, or in any
-license contained within the Software.
-
-A. Software Internal Use and Development License Grant.
- Subject to the terms and conditions of this Agreement, including,
- but not limited to Section B (Java 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").
-
-B. 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.
-
-C. 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.
-
-D. Source Code.
- 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.
-
-E. 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.
-
-For inquiries please contact:
-Sun Microsystems, Inc.
-4150 Network Circle, Santa Clara
-California 95054
-
-(LFI#143715/Form ID#011801)