LicenseDB: sun-bcl-11-07

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key
sun-bcl-11-07
short_name
Sun BCL 11 plus 7
name
Sun BCL 11 plus 7
category
Proprietary Free
owner
Oracle (Sun)
spdx_license_key
LicenseRef-scancode-sun-bcl-11-07
ignorable_urls
http://www.sun.com/policies/trademarks
license_text
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. 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.

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.

{ProductName}

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 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.

1. Software Internal Use and Development License
Grant. Subject to the terms and conditions of this
Agreement, including, but not limited to Section 4
(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 binary form of the Software
complete and unmodified for the sole purpose of
designing, developing, testing, and running your
Java applets and applications intended to run on
Java-enabled general purpose desktop computers and
servers ("Programs").

2. License to Distribute Software. Subject to the
terms and conditions of this Agreement, including,
but not limited to Section 4 (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
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, (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.

3. License to Distribute Redistributables. Subject
to the terms and conditions of this Agreement,
including but not limited to Section 4 (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, (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, and (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.

4. 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.

5. 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. 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.

7. 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#128935/Form ID#011801)