262 lines
		
	
	
	
		
			13 KiB
		
	
	
	
		
			Text
		
	
	
	
	
	
		
		
			
		
	
	
			262 lines
		
	
	
	
		
			13 KiB
		
	
	
	
		
			Text
		
	
	
	
	
	
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								Sun Microsystems, Inc.  Binary Code License Agreement
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								for the JAVA SE RUNTIME ENVIRONMENT (JRE) VERSION 6 and
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								JAVAFX RUNTIME VERSION 1
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								SUN MICROSYSTEMS, INC.  ("SUN") IS WILLING TO LICENSE THE
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								SOFTWARE IDENTIFIED BELOW TO YOU ONLY UPON THE CONDITION
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								THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS BINARY
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								CODE LICENSE AGREEMENT AND SUPPLEMENTAL LICENSE TERMS
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								(COLLECTIVELY "AGREEMENT"). PLEASE READ THE AGREEMENT
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								CAREFULLY.  BY USING THE SOFTWARE YOU ACKNOWLEDGE THAT 
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								YOU HAVE READ THE TERMS AND AGREE TO THEM. IF YOU ARE 
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								AGREEING TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER 
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								LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL 
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								AUTHORITY TO BIND THE LEGAL ENTITY TO THESE TERMS. IF 
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								YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT WISH 
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								TO BE BOUND BY THE TERMS, THEN YOU MUST NOT USE THE
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								SOFTWARE ON THIS SITE OR ANY OTHER MEDIA ON WHICH THE 
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								SOFTWARE IS CONTAINED.
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								1.  DEFINITIONS.  "Software" means the identified above in
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								binary form, any other machine readable materials
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								(including, but not limited to, libraries, source files,
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								header files, and data files), any updates or error
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								corrections provided by Sun, and any user manuals,
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								programming guides and other documentation provided to you
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								by Sun under this Agreement.  "General Purpose Desktop
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								Computers and Servers" means computers, including desktop
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								and laptop computers, or servers, used for general
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								computing functions under end user control (such as but not
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								specifically limited to email, general purpose Internet
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								browsing, and office suite productivity tools).  The use of
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								Software in systems and solutions that provide dedicated
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								functionality (other than as mentioned above) or designed
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								for use in embedded or function-specific software
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								applications, for example but not limited to: Software
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								embedded in or bundled with industrial control systems,
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								wireless mobile telephones, wireless handheld devices, 
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								netbooks, kiosks, TV/STB, Blu-ray Disc devices, telematics 
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								and network control switching equipment, printers and 
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								storage management systems, and other related systems are 
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								excluded from this definition and not licensed under this 
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								Agreement. "Programs" means (a) Java technology applets and
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								applications intended to run on the Java Platform Standard
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								Edition (Java SE) platform on Java-enabled General Purpose
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								Desktop Computers and Servers, and (b) JavaFX technology
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								applications intended to run on the JavaFX Runtime on
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								JavaFX-enabled General Purpose Desktop Computers and
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								Servers.
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								2.  LICENSE TO USE.  Subject to the terms and conditions of
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								this Agreement, including, but not limited to the Java
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								Technology Restrictions of the Supplemental License Terms,
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								Sun grants you a non-exclusive, non-transferable, limited
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								license without license fees to reproduce and use internally
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								Software complete and unmodified for the sole purpose of
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								running Programs.  Additional licenses for developers and/or
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								publishers are granted in the Supplemental License Terms.
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								3.  RESTRICTIONS.  Software is confidential and copyrighted.
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								Title to Software and all associated intellectual property
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								rights is retained by Sun and/or its licensors.  Unless
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								enforcement is prohibited by applicable law, you may not
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								modify, decompile, or reverse engineer Software.  You
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								acknowledge that Licensed Software is not designed or
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								intended for use in the design, construction, operation or
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								maintenance of any nuclear facility.  Sun Microsystems, Inc.
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								disclaims any express or implied warranty of fitness for
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								such uses.  No right, title or interest in or to any
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								trademark, service mark, logo or trade name of Sun or its
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								licensors is granted under this Agreement.  Additional
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								restrictions for developers and/or publishers licenses are
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								set forth in the Supplemental License Terms.
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								4.  LIMITED WARRANTY.  Sun warrants to you that for a period
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								of ninety (90) days from the date of purchase, as evidenced
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								by a copy of the receipt, the media on which Software is
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								furnished (if any) will be free of defects in materials and
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								workmanship under normal use.  Except for the foregoing,
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								Software is provided "AS IS".  Your exclusive remedy and
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								Sun's entire liability under this limited warranty will be
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								at Sun's option to replace Software media or refund the fee
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								paid for Software.  Any implied warranties on the Software
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								are limited to 90 days.  Some states do not allow
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								limitations on duration of an implied warranty, so the above
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								may not apply to you.  This limited warranty gives you
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								specific legal rights.  You may have others, which vary from
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								state to state.
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								5.  DISCLAIMER OF WARRANTY.  UNLESS SPECIFIED IN THIS
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								AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,
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								REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED
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								WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
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								PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE
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								EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY
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								INVALID.
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								6.  LIMITATION OF LIABILITY.  TO THE EXTENT NOT PROHIBITED
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								BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR
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								ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT,
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								CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER
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								CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF
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								OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN
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								IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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								In no event will Sun's liability to you, whether in
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								contract, tort (including negligence), or otherwise, exceed
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								the amount paid by you for Software under this Agreement.
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								The foregoing limitations will apply even if the above
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								stated warranty fails of its essential purpose.  Some states
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								do not allow the exclusion of incidental or consequential
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								damages, so some of the terms above may not be applicable to
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								you.
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								7.  TERMINATION.  This Agreement is effective until
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								terminated.  You may terminate this Agreement at any time by
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								destroying all copies of Software.  This Agreement will
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								terminate immediately without notice from Sun if you fail to
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								comply with any provision of this Agreement.  Either party
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								may terminate this Agreement immediately should any Software
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								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
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								property right.  Upon Termination, you must destroy all
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								copies of Software.
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								8.  EXPORT REGULATIONS.  All Software and technical data
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								delivered under this Agreement are subject to US export
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								control laws and may be subject to export or import
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								regulations in other countries.  You agree to comply
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								strictly with all such laws and regulations and acknowledge
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								that you have the responsibility to obtain such licenses to
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								export, re-export, or import as may be required after
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								delivery to you.
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								9.  TRADEMARKS AND LOGOS.  You acknowledge and agree as
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								between you and Sun that Sun owns the SUN, SOLARIS, JAVA,
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								JINI, FORTE, and iPLANET trademarks and all SUN, SOLARIS,
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								JAVA, JINI, FORTE, and iPLANET-related trademarks, service
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								marks, logos and other brand designations ("Sun Marks"), and
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								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
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								the Sun Marks inures to Sun's benefit.
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								10.  U.S.  GOVERNMENT RESTRICTED RIGHTS.  If Software is
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								being acquired by or on behalf of the U.S.  Government or by
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								a U.S.  Government prime contractor or subcontractor (at any
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								tier), then the Government's rights in Software and
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								accompanying documentation will be only as set forth in this
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								Agreement; this is in accordance with 48 CFR 227.7201
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								through 227.7202-4 (for Department of Defense (DOD)
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								acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD
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								acquisitions).
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								11.  GOVERNING LAW.  Any action related to this Agreement
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								will be governed by California law and controlling U.S.
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								federal law.  No choice of law rules of any jurisdiction
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								will apply.
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								12.  SEVERABILITY.  If any provision of this Agreement is
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								held to be unenforceable, this Agreement will remain in
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								effect with the provision omitted, unless omission would
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								frustrate the intent of the parties, in which case this
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								Agreement will immediately terminate.
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								13.  INTEGRATION.  This Agreement is the entire agreement
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								between you and Sun relating to its subject matter.  It
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								supersedes all prior or contemporaneous oral or written
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								communications, proposals, representations and warranties
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								and prevails over any conflicting or additional terms of any
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								quote, order, acknowledgment, or other communication between
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								the parties relating to its subject matter during the term
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								of this Agreement.  No modification of this Agreement will
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								be binding, unless in writing and signed by an authorized
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								representative of each party.
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								SUPPLEMENTAL LICENSE TERMS
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								These Supplemental License Terms add to or modify the terms
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								of the Binary Code License Agreement.  Capitalized terms not
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								defined in these Supplemental Terms shall have the same
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								meanings ascribed to them in the Binary Code License
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								Agreement .  These Supplemental Terms shall supersede any
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								inconsistent or conflicting terms in the Binary Code License
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								Agreement, or in any license contained within the Software.
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								A.  Software Internal Use and Development License Grant.
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								Subject to the terms and conditions of this Agreement and
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								restrictions and exceptions set forth in the Software
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								"README" file incorporated herein by reference, including,
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								but not limited to the Java Technology Restrictions of these
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								Supplemental Terms, Sun grants you a non-exclusive,
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								non-transferable, limited license without fees to reproduce
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								internally and use internally the Software complete and
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								unmodified for the purpose of designing, developing, and
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								testing your Programs.
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								B.  License to Distribute Software.  Subject to the terms
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								and conditions of this Agreement and restrictions and
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								exceptions set forth in the Software README file, including,
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								but not limited to the Java Technology Restrictions of these
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								Supplemental Terms, Sun grants you a non-exclusive,
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								non-transferable, limited license without fees to reproduce
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								and distribute the Software (except for the JavaFX Runtime),
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								provided that (i) you distribute the Software complete and
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								unmodified and only bundled as part of, and for the sole
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								purpose of running, your Programs, (ii) the Programs add
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								significant and primary functionality to the Software, (iii)
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								you do not distribute additional software intended to
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								replace any component(s) of the Software, (iv) you do not
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								remove or alter any proprietary legends or notices contained
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								in the Software, (v) you only distribute the Software
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								subject to a license agreement that protects Sun's interests
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								consistent with the terms contained in this Agreement, and
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								(vi) you agree to defend and indemnify Sun and its licensors
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								from and against any damages, costs, liabilities, settlement
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								amounts and/or expenses (including attorneys' fees) incurred
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								in connection with any claim, lawsuit or action by any third
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								party that arises or results from the use or distribution of
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								any and all Programs and/or Software.
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								C.  Java Technology Restrictions.  You may not create,
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								modify, or change the behavior of, or authorize your
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								licensees to create, modify, or change the behavior of,
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								classes, interfaces, or subpackages that are in any way
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								identified as "java", "javax", "sun" or similar convention
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								as specified by Sun in any naming convention designation.
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								D.  Source Code.  Software may contain source code that,
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								unless expressly licensed for other purposes, is provided
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								solely for reference purposes pursuant to the terms of this
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								Agreement.  Source code may not be redistributed unless
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								expressly provided for in this Agreement.
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								E.  Third Party Code.  Additional copyright notices and
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								license terms applicable to portions of the Software are set
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								forth in the THIRDPARTYLICENSEREADME.txt file.  In addition
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								to any terms and conditions of any third party
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								opensource/freeware license identified in the
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								THIRDPARTYLICENSEREADME.txt file, the disclaimer of warranty
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								and limitation of liability provisions in paragraphs 5 and 6
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								of the Binary Code License Agreement shall apply to all
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								Software in this distribution.
							 | 
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								F.  Termination for Infringement.  Either party may
							 | 
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								terminate this Agreement immediately should any Software
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								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
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								property right.
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								G.  Installation and Auto-Update.  The Software's
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								installation and auto-update processes transmit a limited
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								amount of data to Sun (or its service provider) about those
							 | 
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								specific processes to help Sun understand and optimize them.
							 | 
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								Sun does not associate the data with personally identifiable
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								information.  You can find more information about the data
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								Sun collects at http://java.com/data/.
							 | 
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								For inquiries please contact: Sun Microsystems, Inc., 4150
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								Network Circle, Santa Clara, California 95054, U.S.A.
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