261 lines
13 KiB
Text
261 lines
13 KiB
Text
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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