key: sun-bcl-sdk-6.0 short_name: Sun BCL SDK 6.0 name: Sun BCL SDK 6.0 category: Proprietary Free owner: Oracle (Sun) spdx_license_key: LicenseRef-scancode-sun-bcl-sdk-6.0 ignorable_copyrights: - Copyright 2006, Sun Microsystems, Inc. ignorable_holders: - Sun Microsystems, Inc. ignorable_urls: - http://java.com/data - http://www.sun.com/policies/trademarks text: "Sun Microsystems, Inc. Binary Code License Agreement \nfor the JAVA SE DEVELOPMENT KIT\ \ (JDK), VERSION 6\n\n1. 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. \"General Purpose Desktop Computers and Servers\" means computers, including\ \ desktop, laptop and tablet computers, or servers, used for general computing functions under\ \ end user control (such as but not specifically limited to email, general purpose Internet\ \ browsing, and office suite productivity tools). The use of Software in systems and solutions\ \ that provide dedicated functionality (other than as mentioned above) or designed for use\ \ in embedded or function-specific software applications, for example but not limited to:\ \ Software embedded in or bundled with industrial control systems, wireless mobile telephones,\ \ wireless handheld devices, kiosks, TV/STB, Blu-ray Disc devices, telematics and network\ \ control switching equipment, printers and storage management systems, and other related\ \ systems are excluded from this definition and not licensed under this Agreement. \"Programs\"\ \ means Java technology applets and applications intended to run on the Java Platform Standard\ \ Edition (Java SE) platform on Java-enabled General Purpose Desktop Computers and Servers.\n\ \n2. 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.\n\n3. 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. You acknowledge 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.\n\n4. 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.\n\n5. 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.\n\n6. 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.\n\n7. 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.\n\n8. 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.\n\n9. 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.\n\n10. 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).\n\n11. 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.\n\n12. 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.\n\n13. 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.\n\nSUPPLEMENTAL LICENSE TERMS\n\ \nThese 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.\n\nA. Software Internal Use and Development License Grant.\ \ Subject to the terms and conditions of this Agreement and restrictions and exceptions set\ \ forth in the Software \"README\" file incorporated herein by reference, 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.\n\nB. License to Distribute Software. Subject to the terms and\ \ conditions of this Agreement and restrictions and exceptions set forth in the Software README\ \ file, 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 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.\n\nC. License to Distribute Redistributables. Subject\ \ to the terms and conditions of this Agreement and restrictions and exceptions set forth\ \ in the Software README file, 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, and only bundled as part of Programs, (ii)\ \ the Programs add significant and primary functionality to the Redistributables, (iii) you\ \ do not distribute additional software intended to supersede any component(s) of the Redistributables\ \ (unless otherwise specified in the applicable README file), (iv) you do not remove or alter\ \ any proprietary legends or notices contained in or on the Redistributables, (v) you only\ \ distribute the Redistributables pursuant to a license agreement that protects Sun's interests\ \ consistent with the terms contained in the Agreement, (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.\n\nD. Java Technology Restrictions. You may not create,\ \ modify, or change the behavior of, or authorize your licensees to create, modify, or change\ \ the behavior of, 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.\n\nE. 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 SE Development Kit 6; (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 2006, 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: (a) provides you prompt notice of the claim; (b) gives you\ \ sole control of the defense and settlement of the claim; (c) provides you, at your expense,\ \ with all available information, assistance and authority to defend; and (d) 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.\n\nF. 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.\n\nG. 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.\n\ \nH. 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.\n\nI. Installation and Auto-Update.\ \ The Software's installation and auto-update processes transmit a limited amount of data\ \ to Sun (or its service provider) about those specific processes to help Sun understand and\ \ optimize them. Sun does not associate the data with personally identifiable information.\ \ You can find more information about the data Sun collects at http://java.com/data/.\n\n\ For inquiries please contact: Sun Microsystems, Inc., 4150 Network Circle, Santa Clara, California\ \ 95054, U.S.A."