Sun/Oracle - Binary Code License

Here is sample text of the Sun Binary Code License Agreement commonly used with older Java downloads.

 

Sun Microsystems, Inc.

Binary Code License 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.



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.



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.



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.



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.



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.



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).



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.



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.



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.



For inquiries please contact: Sun Microsystems,
Inc. 901 San Antonio Road, Palo Alto, California
94303

SERVLET.JAR FOR JAVA SERVLET API SPECIFICATION
VERSION 2.2

SUPPLEMENTAL LICENSE TERMS



These supplemental license terms ("Supplement")
add to or modify the terms of the Binary Code
License Agreement (collectively, the "Agreement").
Capitalized terms not defined in this Supplement
shall have the same meanings ascribed to them in
the Agreement. These Supplement terms shall
supersede any inconsistent or conflicting terms in
the Agreement, or in any license contained within
the Software.



1. License to Develop. Subject to the terms and
conditions of this Agreement, including but not
limited to the terms and conditions contained in
this Supplement, Sun grants you a non-exclusive,
non-transferable, limited license to reproduce and
use internally the binary form of the Software for
the purpose of designing, developing and testing
your Java(TM) applets and applications intended to
run on a compatible Java platform (the
"Program(s)").



2. License to Distribute. Sun grants you a
non-exclusive, non-transferable, limited license
to reproduce and distribute the binary code form
of the Software to third party end users, through
multiple tiers of distribution, provided that you:
(i) distribute the Software complete and
unmodified in its original Java Archive file, and
only bundled as a part of your Program that
incorporates the Software; (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 or on the Software; (iv) only
distribute the Program pursuant to a license
agreement that protects Sun's interest consistent
with the terms contained in the Agreement and
provided that Sun is a third party beneficiary to
such license agreement; (v) do not create, or
authorize your licensees to create, additional
classes, interfaces, or subpackages that are
contained in the "java", "javax" or "sun" packages
or similar packages as specified by Sun in any
naming convention; and (vi) 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.



3. Trademarks and Logos. You acknowledge and agree
as between you and Sun that Sun owns the Java
trademark and all Java-related trademarks, service
marks, logos and other brand designations
including the Coffee Cup logo and Duke logo ("Java
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 Java Marks inures to Sun's
benefit.