Pullup ticket #3652 - requested by sbd

[pkgsrcv2.git] / licenses / sun-jdk14-license

               Sun Microsystems, Inc.
            Binary Code License Agreement
                    for the
JAVA 2 SOFTWARE DEVELOPMENT KIT (J2SDK), STANDARD EDITION,
                VERSION 1.4.2_X

SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE
SOFTWARE IDENTIFIED BELOW TO YOU ONLY UPON THE CONDITION THAT
YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS BINARY CODE
LICENSE AGREEMENT AND SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY
"AGREEMENT").  PLEASE READ THE AGREEMENT CAREFULLY.  BY
DOWNLOADING OR INSTALLING THIS SOFTWARE, YOU ACCEPT THE TERMS OF
THE AGREEMENT. INDICATE ACCEPTANCE BY SELECTING THE "ACCEPT"
BUTTON AT THE BOTTOM OF THE AGREEMENT. IF YOU ARE NOT WILLING TO
BE BOUND BY ALL THE TERMS, SELECT THE "DECLINE" BUTTON AT THE
BOTTOM OF THE AGREEMENT AND THE DOWNLOAD OR INSTALL PROCESS WILL
NOT CONTINUE.

1.DEFINITIONS. "Software" means the identified above in binary
form, any other machine readable materials (including, but not
limited to, libraries, source files, header files, and data
files), any updates or error corrections provided by Sun, and
any user manuals, programming guides and other documentation
provided to you by Sun under this Agreement. "Programs" mean
Java applets and applications intended to run on the Java 2
Platform, Standard Edition (J2SETM platform) platform on
Java-enabled general purpose desktop computers and servers.

2.LICENSE TO USE. Subject to the terms and conditions of this
Agreement, including, but not limited to the Java Technology
Restrictions of the Supplemental License Terms, Sun grants you a
non-exclusive, non-transferable, limited license without license
fees to reproduce and use internally Software complete and
unmodified for the sole purpose of running Programs. Additional
licenses for developers and/or publishers are granted in the
Supplemental License Terms.

3.RESTRICTIONS. Software is confidential and copyrighted. Title
to Software and all associated intellectual property rights is
retained by Sun and/or its licensors. Unless enforcement is
prohibited by applicable law, you may not modify, decompile, or
reverse engineer Software.  Licensee acknowledges that Licensed
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. Additional
restrictions for developers and/or publishers licenses are set
forth in the Supplemental License Terms.

4.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.
Any implied warranties on the Software are limited to 90 days.
Some states do not allow limitations on duration of an implied
warranty, 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.

5.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.

6.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.

7.SOFTWARE UPDATES FROM SUN. You acknowledge that at your
request or consent optional features of the Software may
download, install, and execute applets, applications, software
extensions, and updated versions of the Software from Sun
("Software Updates"), which may require you to accept updated
terms and conditions for installation. If additional terms and
conditions are not presented on installation, the Software
Updates will be considered part of the Software and subject to
the terms and conditions of the Agreement.

8.SOFTWARE FROM SOURCES OTHER THAN SUN. You acknowledge that, by
your use of optional features of the Software and/or by
requesting services that require use of the optional features of
the Software, the Software may automatically download, install,
and execute software applications from sources other than Sun
("Other Software"). Sun makes no representations of a
relationship of any kind to licensors of Other Software. 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
OTHER SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.  Some states do not allow the exclusion of
incidental or consequential damages, so some of the terms above
may not be applicable to you.

9.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.  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. Upon
Termination, you must destroy all copies of Software.

10.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.

11.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.

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 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.

            SUPPLEMENTAL LICENSE TERMS

These Supplemental License Terms add to or modify the terms of
the Binary Code License Agreement. Capitalized terms not defined
in these Supplemental Terms shall have the same meanings
ascribed to them in the Binary Code License 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 the Java Technology Restrictions of these
Supplemental Terms, Sun grants you a non-exclusive,
non-transferable, limited license without fees to reproduce
internally and use internally the Software complete and
unmodified for the purpose of designing, developing, and testing
your Programs.

B.License to Distribute Software. Subject to the terms and
conditions of this Agreement, including, but not limited to the
Java Technology Restrictions of these Supplemental Terms, Sun
grants you a non-exclusive, non-transferable, limited license
without fees to reproduce and distribute the Software, provided
that (i) you distribute the Software complete and unmodified
(unless otherwise specified in the applicable README file) and
only bundled as part of, and for the sole purpose of running,
your Programs, (ii) the Programs add significant and primary
functionality to the Software, (iii) you do not distribute
additional software intended to replace any component(s) of the
Software (unless otherwise specified in the applicable README
file), (iv) you do not remove or alter any proprietary legends
or notices contained in the Software, (v) you only distribute
the Software subject to a license agreement that protects Sun's
interests consistent with the terms contained in this Agreement,
and (vi) 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 Software.

C.License to Distribute Redistributables. Subject to the terms
and conditions of this Agreement, including but not limited to
the Java Technology Restrictions of these Supplemental Terms,
Sun grants you a non-exclusive, non-transferable, limited
license without fees to reproduce and distribute those files
specifically identified as redistributable in the Software
"README" file ("Redistributables") provided that: (i) you
distribute the Redistributables complete and unmodified (unless
otherwise specified in the applicable README file), and only
bundled as part of Programs, (ii) you do not distribute
additional software intended to supersede any component(s) of
the Redistributables (unless otherwise specified in the
applicable README file), (iii) you do not remove or alter any
proprietary legends or notices contained in or on the
Redistributables, (iv) you only distribute the Redistributables
pursuant to a license agreement that protects Sun's interests
consistent with the terms contained in the Agreement, (v) 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 Software.

D.Java Technology Restrictions. You may not modify the Java
Platform Interface ("JPI", identified as classes contained
within the "java" package or any subpackages of the "java"
package), by creating additional classes within the JPI or
otherwise causing the addition to or modification of the classes
in the JPI.  In the event that you create an additional class
and associated API(s) which (i) extends the functionality of the
Java platform, and (ii) is exposed to third party software
developers for the purpose of developing additional software
which invokes such additional API, you must promptly publish
broadly an accurate specification for such API for free use by
all developers.  You may not create, or authorize your licensees
to create, additional 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.

E.Distribution by Publishers. This section pertains to your
distribution of the Software with your printed book or magazine
(as those terms are commonly used in the industry) relating to
Java technology ("Publication"). Subject to and conditioned upon
your compliance with the restrictions and obligations contained
in the Agreement, in addition to the license granted in
Paragraph 1 above, Sun hereby grants to you a non-exclusive,
nontransferable limited right to reproduce complete and
unmodified copies of the Software on electronic media (the
"Media") for the sole purpose of inclusion and distribution with
your Publication(s), subject to the following terms: (i) You may
not distribute the Software on a stand-alone basis; it must be
distributed with your Publication(s); (ii) You are responsible
for downloading the Software from the applicable Sun web site;
(iii) You must refer to the Software as JavaTM 2 Software
Development Kit, Standard Edition, Version 1.4.2; (iv) The
Software must be reproduced in its entirety and without any
modification whatsoever (including, without limitation, the
Binary Code License and Supplemental License Terms accompanying
the Software and proprietary rights notices contained in the
Software); (v) The Media label shall include the following
information: Copyright 2003, Sun Microsystems, Inc. All rights
reserved.  Use is subject to license terms. Sun, Sun
Microsystems, the Sun logo, Solaris, Java, the Java Coffee Cup
logo, J2SE , and all trademarks and logos based on Java are
trademarks or registered trademarks of Sun Microsystems, Inc. in
the U.S. and other countries. This information must be placed on
the Media label in such a manner as to only apply to the Sun
Software; (vi) You must clearly identify the Software as Sun's
product on the Media holder or Media label, and you may not
state or imply that Sun is responsible for any third-party
software contained on the Media; (vii) You may not include any
third party software on the Media which is intended to be a
replacement or substitute for the Software; (viii) You shall
indemnify Sun for all damages arising from your failure to
comply with the requirements of this Agreement. In addition, you
shall defend, at your expense, any and all claims brought
against Sun by third parties, and shall pay all damages awarded
by a court of competent jurisdiction, or such settlement amount
negotiated by you, arising out of or in connection with your
use, reproduction or distribution of the Software and/or the
Publication. Your obligation to provide indemnification under
this section shall arise provided that Sun: (i) provides you
prompt notice of the claim; (ii) gives you sole control of the
defense and settlement of the claim; (iii) provides you, at your
expense, with all available information, assistance and
authority to defend; and (iv) has not compromised or settled
such claim without your prior written consent; and (ix) You
shall provide Sun with a written notice for each Publication;
such notice shall include the following information: (1) title
of Publication, (2) author(s), (3) date of Publication, and (4)
ISBN or ISSN numbers. Such notice shall be sent to Sun
Microsystems, Inc., 4150 Network Circle, M/S USCA12-110, Santa
Clara, California 95054, U.S.A , Attention: Contracts
Administration.

F.Source Code. Software may contain source code that, unless
expressly licensed for other purposes, 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.

G.Third Party Code. Additional copyright notices and license
terms applicable to portions of the Software are set forth in
the THIRDPARTYLICENSEREADME.txt file. In addition to any terms
and conditions of any third party opensource/freeware license
identified in the THIRDPARTYLICENSEREADME.txt file, the
disclaimer of warranty and limitation of liability provisions in
paragraphs 5 and 6 of the Binary Code License Agreement shall
apply to all Software in this distribution.

H.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, U.S.A.
(LFI#129530/Form ID#011801)