A. Sun Microsystems, Inc. ("Sun") ENTITLEMENT for
SOFTWARE
Licensee/Company: Entity receiving Software.
Effective Date: Date of delivery of the Software to
You.
Software: JavaBeans Activation Framework 1.1.
License Term: Perpetual (subject to termination under
the SLA).
Licensed Unit: Software Copy.
Licensed unit Count: Unlimited.
Permitted Uses:
1. You may reproduce and use the Software for
Individual, Commercial,
or Research and Instructional Use for the purposes of
designing,
developing, testing, and running Your applets and
application("Programs").
2. Subject to the terms and conditions of this
Agreement and
restrictions and exceptions set forth in the
Software's documentation,
You may reproduce and distribute portions of Software
identified as a
redistributable in the documentation
("Redistributable"), provided
that:
(a) you distribute Redistributable complete and
unmodified and only
bundled as part of Your Programs,
(b) your Programs add significant and primary
functionality to the
Redistributable,
(c) you distribute Redistributable for the sole
purpose of running your
Programs,
(d) you do not distribute additional software intended
to replace any
component(s) of the Redistributable,
(e) you do not remove or alter any proprietary legends
or notices
contained in or on the Redistributable.
(f) you only distribute the Redistributable subject to
a license
agreement that protects Sun's interests consistent
with the terms
contained in this Agreement, and
(g) 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
Redistributable.
3. 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.
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 be 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 are
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 portions 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. 
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