-Binary Code License Agreement
+Software Evaluation 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.
+SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE
+THE JAVABEANS ACTIVATION FRAMEWORK 1.1 EA PRE-RELEASE
+SOFTWARE TO LICENSEE ONLY UPON THE CONDITION THAT
+LICENSEE ACCEPTS ALL OF THE TERMS CONTAINED IN THIS
+LICENSE AGREEMENT ("AGREEMENT"). PLEASE READ THE TERMS
+AND CONDITIONS OF THIS AGREEMENT CAREFULLY. BY
+DOWNLOADING OR INSTALLING THIS SOFTWARE, LICENSEE
+ACCEPTS THE TERMS AND CONDITIONS OF THIS LICENSE
+AGREEMENT. INDICATE ACCEPTANCE BY SELECTING THE
+"ACCEPT" BUTTON AT THE BOTTOM OF THIS AGREEMENT. IF
+LICENSEE IS 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
-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. You acknowledge that Software is not designed, licensed or intended for use in the design, construction, operation or maintenance of any nuclear facility. Sun 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.
+"Licensed Software" means the JavaBeans Activation
+Framework 1.1 EA pre-release software in binary and/or
+source code forms, any other machine readable
+materials (including, but not limited to, libraries,
+source files, header files, and data files) and any
+user manuals, programming guides and other
+documentation provided to Licensee by Sun under this
-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.
+2.1 Source Code. Sun grants to Licensee, a
+non-exclusive, non-transferable, royalty-free and
+limited license to view the source code portions of
+the Licensed Software internally for the purposes of
-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.
+2.2 Binary Code. Sun grants to Licensee, a
+non-exclusive, non-transferable, royalty-free and
+limited license to use the binary code portions of the
+Licensed Software internally for the purposes of
-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.
+2.3 No licenses are granted to Licensee for any other
+purposes, Licensee may not sell, rent, loan or
+otherwise encumber or transfer Licensed Software in
+whole or in part, to any third party.
-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.
+3.0 LICENSE RESTRICTIONS
-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).
+3.1 Licensee may not duplicate Licensed Software other
+than for a single copy of Licensed Software for
+archival purposes only. Licensee agrees to reproduce
+any copyright and other proprietary right notices on
-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.
+3.2 Except as otherwise provided by law, Licensee may
+not modify or create derivative works of the Licensed
+Software, or reverse engineer, disassemble or
+decompile binary portions of the Licensed Software, or
+otherwise attempt to derive the source code from such
-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.
+3.3 No right, title, or interest in or to Licensed
+Software, any trademarks, service marks, or trade
+names of Sun or Sun's licensors is granted under this
-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.
+3.4 Licensee shall have no right to use the Licensed
+Software for productive or commercial use.
-JAVA(TM) INTERFACE CLASSES
-JAVASERVLET, VERSION 2.3
-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 Agreement, or in any license contained within the Software.
+Sun is under no obligation to support Licensed
+Software or to provide Licensee with updates or error
+corrections (collectively "Software Updates"). If Sun,
+at its sole option, supplies Software Updates to
+Licensee, the Software Updates will be considered part
+of Licensed Software, and subject to the terms of this
-1. Software Internal Use and Development License Grant. Subject to the terms and conditions of this Agreement, including, but not limited to Section 3 (Java(TM) 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 ("Programs").
-2. License to Distribute Software. In addition to the license granted in Section 1 (Software Internal Use and Development License Grant) of these Supplemental Terms, subject to the terms and conditions of this Agreement, including but not limited to Section 3 (Java Technology Restrictions), Sun grants you a non-exclusive, non-transferable, limited license to reproduce and distribute the Software in binary form only, provided that you (i) distribute the Software complete and unmodified and only bundled as part of your Programs, (ii) do not distribute additional software intended to replace any component(s) of the Software, (iii) do not remove or alter any proprietary legends or notices contained in the Software, (iv) only distribute the Software subject to a license agreement that protects Sun's interests consistent with the terms contained in this Agreement, and (v) 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.
+Licensee agrees to evaluate and test the Software for
+use in Licensee's software environment and provide
+feedback to Sun in a manner reasonably requested by
+Sun. Any and all test results, error data, reports or
+other information, feedback or materials made or
+provided by Licensee relating to Software
+(collectively, "Feedback") are the exclusive property
+of Sun and Licensee hereby assigns all Feedback to Sun
+at no cost to Sun. Sun may use such Feedback in any
+manner and for any purpose, without limitation,
+liability or obligation to Licensee.
-3. 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.
+6.0 TERM AND TERMINATION OF AGREEMENT
-4. 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.
+6.1 This Agreement will commence on the date on which
+Licensee receives Licensed Software (the "Effective
+Date") and will expire thirty (30) days from the
+Effective Date, unless terminated earlier as provided
-5. 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.
+6.2 Either party may terminate this Agreement upon ten
+(10) days' written notice to the other party. However,
+Sun may terminate this Agreement immediately should
+any Licensed Software become, or in Sun's opinion be
+likely to become, the subject of a claim of
+infringement of a patent, trade secret or copyright.
-6. 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.
+6.3 Sun may terminate this Agreement immediately
+should Licensee materially breach any of its
+provisions or take any action in derogation of Sun's
+rights to the Confidential Information licensed to
-For inquiries please contact: Sun Microsystems, Inc. 901 San Antonio Road, Palo Alto, California 94303
+6.4 Upon termination or expiration of this Agreement,
+Licensee will immediately cease use of and destroy
+Licensed Software, any copies thereof and provide to
+Sun a written statement certifying that Licensee has
+complied with the foregoing obligations.
+6.5 Rights and obligations under this Agreement which
+by their nature should survive, will remain in effect
+after termination or expiration hereof.
+7.0 CONFIDENTIAL INFORMATION
+7.1 For purposes of this Agreement, "Confidential
+Information" means: (i) business and technical
+information and any source code or binary code, which
+Sun discloses to Licensee related to Licensed
+Software; (ii) Licensee's feedback based on Licensed
+Software; and (iii) the terms, conditions, and
+existence of this Agreement. Licensee may not disclose
+or use Confidential Information, except for the
+purposes specified in this Agreement. Licensee will
+protect the Confidential Information with the same
+degree of care, but not less than a reasonable degree
+of care, as Licensee uses to protect its own
+Confidential Information. Licensee's obligations
+regarding Confidential Information will expire no less
+than five (5) years from the date of receipt of the
+Confidential Information, except for Sun source code
+which will be protected in perpetuity. Licensee agrees
+that Licensed Software contains Sun trade secrets.
+7.2 Notwithstanding any provisions contained in this
+Agreement concerning nondisclosure and non-use of the
+Confidential Information, the nondisclosure
+obligations of Section 7.1 will not apply to any
+portion of Confidential Information that Licensee can
+demonstrate in writing is: (i) now, or hereafter
+through no act or failure to act on the part of
+Licensee becomes, generally known to the general
+public; (ii) known to Licensee at the time of
+receiving the Confidential Information without an
+obligation of confidentiality; (iii) hereafter
+rightfully furnished to Licensee by a third party
+without restriction on disclosure; or (iv)
+independently developed by Licensee without any use of
+the Confidential Information.
+7.3 Licensee must restrict access to Confidential
+Information to its employees or contractors with a
+need for this access to perform their employment or
+contractual obligations and who have agreed in writing
+to be bound by a confidentiality obligation, which
+incorporates the protections and restrictions
+substantially as set forth in this Agreement.
+8.0 DISCLAIMER OF WARRANTY
+8.1 Licensee acknowledges that Licensed Software may
+contain errors and is not designed, licensed, or
+intended for use in the design, construction,
+operation or maintenance of any nuclear facility
+("High Risk Activities"). Sun disclaims any express or
+implied warranty of fitness for such uses. Licensee
+represents and warrants to Sun that it will not use,
+distribute or license the Licensed Software for High
+8.2 LICENSED SOFTWARE IS PROVIDED "AS IS". ALL EXPRESS
+OR IMPLIED CONDITIONS, REPRESENTATIONS, AND
+WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF
+MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
+PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE
+DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS
+ARE HELD TO BE LEGALLY INVALID.
+9.0 LIMITATION OF LIABILITY
+9.1 Licensee acknowledges that the Licensed Software
+may be experimental and that the Licensed Software may
+have defects or deficiencies, which cannot or will not
+be corrected by Sun. Licensee will hold Sun harmless
+from any claims based on Licensee's use of the
+Licensed Software for any purposes other than those of
+internal evaluation, and from any claims that later
+versions or releases of any Licensed Software
+furnished to Licensee are incompatible with the
+Licensed Software provided to Licensee under this
+9.2 To the extent not prohibited by law, in no event
+will Sun be liable for any indirect, punitive,
+special, incidental or consequential damage in
+connection with or arising out of this Agreement
+(including loss of business, revenue, profits, use,
+data or other economic advantage), however it arises,
+whether for breach or in tort, even if Sun has been
+previously advised of the possibility of such damage.
+10.0 U.S. GOVERNMENT RESTRICTED RIGHTS
+If this 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 the Software and accompanying
+documentation shall be only as set forth in this
+license; this is in accordance with 48 C.F.R.
+227.7202-4 (for Department of Defense (DOD)
+acquisitions) and with 48 C.F.R. 2.101 and 12.212 (for
+11.1 Any action relating to or arising out of this
+Agreement will be governed by California law and
+controlling U.S. federal law. The U.N. Convention for
+the International Sale of Goods and the choice of law
+rules of any jurisdiction will not apply.
+11.2 Licensed Software and technical data delivered
+under this Agreement are subject to U.S. export
+control laws and may be subject to export or import
+regulations in other countries. Licensee agrees to
+comply strictly with all such laws and regulations and
+acknowledges that it has the responsibility to obtain
+such licenses to export, re-export or import as may be
+required after delivery to Licensee.
+11.3 It is understood and agreed that, notwithstanding
+any other provision of this Agreement, Licensee's
+breach of the provisions of Section 7 of this
+Agreement will cause Sun irreparable damage for which
+recovery of money damages would be inadequate, and
+that Sun will therefore be entitled to seek timely
+injunctive relief to protect Sun's rights under this
+Agreement in addition to any and all remedies
+11.4 Neither party may assign or otherwise transfer
+any of its rights or obligations under this Agreement,
+without the prior written consent of the other party,
+except that Sun may assign this Agreement to an
+11.5 This Agreement is the parties' entire agreement
+relating to its subject matter. It supersedes all
+prior or contemporaneous oral or written
+communications, proposals, conditions, 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, including any Binary Code
+Licenses, Supplemental Terms, or other licenses
+contained within Licensed Software. No modification to
+this Agreement will be binding, unless in writing and
+signed by an authorized representative of each party.