176 lines
10 KiB
Plaintext
Executable File
176 lines
10 KiB
Plaintext
Executable File
Sun Microsystems, Inc.
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Binary Code License Agreement
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JAVA ADVANCED IMAGING API, VERSION 1.1.2
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READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE TERMS
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(COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA
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PACKAGE. BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS OF
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THIS AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE
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YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END
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OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE TERMS, PROMPTLY RETURN
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THE UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE FOR A REFUND OR, IF THE
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SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END
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OF THIS AGREEMENT.
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1. LICENSE TO USE. Sun grants you a non-exclusive and non-transferable
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license for the internal use only of the accompanying software and
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documentation and any error corrections provided by Sun (collectively
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"Software"), by the number of users and the class of computer hardware for
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which the corresponding fee has been paid.
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2. RESTRICTIONS. Software is confidential and copyrighted. Title to
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Software and all associated intellectual property rights is retained by Sun
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and/or its licensors. Except as specifically authorized in any Supplemental
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License Terms, you may not make copies of Software, other than a single copy
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of Software for archival purposes. Unless enforcement is prohibited by
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applicable law, you may not modify, decompile, or reverse engineer
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Software. You acknowledge that Software is not designed, licensed or
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intended for use in the design, construction, operation or maintenance of
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any nuclear facility. Sun disclaims any express or implied warranty of
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fitness for such uses. No right, title or interest in or to any trademark,
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service mark, logo or trade name of Sun or its licensors is granted under
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this Agreement.
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3. LIMITED WARRANTY. Sun warrants to you that for a period of ninety (90)
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days from the date of purchase, as evidenced by a copy of the receipt, the
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media on which Software is furnished (if any) will be free of defects in
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materials and workmanship under normal use. Except for the foregoing,
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Software is provided "AS IS". Your exclusive remedy and Sun's entire
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liability under this limited warranty will be at Sun's option to replace
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Software media or refund the fee paid for Software.
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4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS
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OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED
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WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
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NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS
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ARE HELD TO BE LEGALLY INVALID.
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5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO
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EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR
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DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE
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DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT
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OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS
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BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun's
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liability to you, whether in contract, tort (including negligence), or
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otherwise, exceed the amount paid by you for Software under this Agreement.
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The foregoing limitations will apply even if the above stated warranty fails
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of its essential purpose.
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6. Termination. This Agreement is effective until terminated. You may
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terminate this Agreement at any time by destroying all copies of Software.
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This Agreement will terminate immediately without notice from Sun if you
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fail to comply with any provision of this Agreement. Upon Termination, you
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must destroy all copies of Software.
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7. Export Regulations. All Software and technical data delivered under this
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Agreement are subject to US export control laws and may be subject to export
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or import regulations in other countries. You agree to comply strictly with
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all such laws and regulations and acknowledge that you have the
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responsibility to obtain such licenses to export, re-export, or import as
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may be required after delivery to you.
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8. U.S. Government Restricted Rights. If Software is being acquired by or
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on behalf of the U.S. Government or by a U.S. Government prime contractor or
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subcontractor (at any tier), then the Government's rights in Software and
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accompanying documentation will be only as set forth in this Agreement; this
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is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of
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Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD
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acquisitions).
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9. Governing Law. Any action related to this Agreement will be governed by
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California law and controlling U.S. federal law. No choice of law rules of
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any jurisdiction will apply.
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10. Severability. If any provision of this Agreement is held to be
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unenforceable, this Agreement will remain in effect with the provision
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omitted, unless omission would frustrate the intent of the parties, in which
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case this Agreement will immediately terminate.
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11. Integration. This Agreement is the entire agreement between you and
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Sun relating to its subject matter. It supersedes all prior or
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contemporaneous oral or written communications, proposals, representations
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and warranties and prevails over any conflicting or additional terms of any
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quote, order, acknowledgment, or other communication between the parties
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relating to its subject matter during the term of this Agreement. No
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modification of this Agreement will be binding, unless in writing and signed
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by an authorized representative of each party.
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DEVELOPMENT TOOLS
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JAVA ADVANCED IMAGING, VERSION 1.1.2
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SUPPLEMENTAL LICENSE TERMS
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These supplemental license terms ("Supplemental Terms") add to or modify the
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terms of the Binary Code License Agreement (collectively, the "Agreement").
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Capitalized terms not defined in these Supplemental Terms shall have the
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same meanings ascribed to them in the Agreement. These Supplemental Terms
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shall supersede any inconsistent or conflicting terms in the Agreement, or
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in any license contained within the Software.
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1. Software Internal Use and Development License Grant. Subject to the terms
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and conditions of this Agreement, including, but not limited to Section 3
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(Java(TM) Technology Restrictions) of these Supplemental Terms, Sun grants
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you a non-exclusive, non-transferable, limited license to reproduce
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internally and use internally the binary form of the Software complete and
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unmodified for the sole purpose of designing, developing and testing your
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Java applets and applications intended to run on the Java platform
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("Programs").
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2. License to Distribute Software. In addition to the license granted in
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Section 1 (Software Internal Use and Development License Grant) of these
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Supplemental Terms, subject to the terms and conditions of this Agreement,
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including but not limited to Section 3 (Java Technology Restrictions) of
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these Supplemental Terms, Sun grants you a non-exclusive, non-transferable,
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limited license to reproduce and distribute the Software in binary code form
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only, provided that you (i) distribute the Software complete and unmodified
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and only bundled as part of your Programs, (ii) do not distribute additional
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software intended to replace any component(s) of the Software, (iii) do not
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remove or alter any proprietary legends or notices contained in the
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Software, (iv) only distribute the Software subject to a license agreement
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that protects Sun's interests consistent with the terms contained in this
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Agreement, and (v) agree to defend and indemnify Sun and its licensors from
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and against any damages, costs, liabilities, settlement amounts and/or
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expenses (including attorneys' fees) incurred in connection with any claim,
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lawsuit or action by any third party that arises or results from the use or
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distribution of any and all Programs and/or Software.
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3. Java Technology Restrictions. You may not modify the Java Platform
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Interface ("JPI", identified as classes contained within the "java" package
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or any subpackages of the "java" package), by creating additional classes
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within the JPI or otherwise causing the addition to or modification of the
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classes in the JPI. In the event that you create an additional class and
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associated API(s) which (i) extends the functionality of the Java platform,
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and (ii) is exposed to third party software developers for the purpose of
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developing additional software which invokes such additional API, you must
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promptly publish broadly an accurate specification for such API for free use
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by all developers. You may not create, or authorize your licensees to
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create, additional classes, interfaces, or subpackages that are in any way
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identified as "java", "javax", "sun" or similar convention as specified by
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Sun in any naming convention designation.
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4. Java Runtime Availability. Refer to the appropriate version of the Java
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Runtime Environment binary code license (currently located at
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http://www.java.sun.com/jdk/index.html) for the availability of runtime code
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which may be distributed with Java applets and applications.
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5. Trademarks and Logos. You acknowledge and agree as between you and Sun
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that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE, STAROFFICE, STARPORTAL
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and iPLANET trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE, STAROFFICE,
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STARPORTAL and iPLANET-related trademarks, service marks, logos and other
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brand designations ("Sun Marks"), and you agree to comply with the Sun
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Trademark and Logo Usage Requirements currently located at
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http://www.sun.com/policies/trademarks. Any use you make of the Sun Marks
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inures to Sun's benefit.
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6. Source Code. Software may contain source code that is provided solely for
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reference purposes pursuant to the terms of this Agreement. Source code may
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not be redistributed unless expressly provided for in this Agreement.
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7. Termination for Infringement. Either party may terminate this Agreement
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immediately should any Software become, or in either party's opinion be
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likely to become, the subject of a claim of infringement of any intellectual
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property right.
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For inquiries please contact: Sun Microsystems, Inc.,. 4150 Network
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Circle, Santa Clara, California 95054, U.S.A
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(Form ID#011801)
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