{
  "key": "sun-entitlement-jaf",
  "short_name": "Sun Entitlement JAF",
  "name": "Sun Entitlement JAF",
  "category": "Proprietary Free",
  "owner": "Oracle (Sun)",
  "spdx_license_key": "LicenseRef-scancode-sun-entitlement-jaf",
  "ignorable_urls": [
    "http://www.java.net/",
    "http://www.sun.com/service/servicelist"
  ],
  "text": "A. Sun Microsystems, Inc. (\"Sun\") ENTITLEMENT for SOFTWARE\n\nLicensee/Company: Entity receiving Software.\nEffective Date: Date of delivery of the Software to You.\n\nSoftware: {Software Product Name}\nLicense Term:  Perpetual (subject to termination under the SLA).\nLicensed Unit: Software Copy.\nLicensed unit Count: Unlimited.\n\nPermitted Uses:\n\n1. You may reproduce and use the Software for Individual, Commercial,\nor Research and Instructional Use for the purposes of designing,\ndeveloping, testing, and running Your applets and\napplication(\"Programs\").\n\n2. Subject to the terms and conditions of this Agreement and\nrestrictions and exceptions set forth in the Software's documentation,\nYou may reproduce and distribute portions of Software identified as a\nredistributable in the documentation (\"Redistributable\"), provided\nthat:\n\n(a) you distribute Redistributable complete and unmodified and only\nbundled as part of Your Programs,\n\n(b) your Programs add significant and primary functionality to the\nRedistributable,\n\n(c) you distribute Redistributable for the sole purpose of running your\nPrograms,\n\n(d) you do not distribute additional software intended to replace any\ncomponent(s) of the Redistributable,\n\n(e) you do not remove or alter any proprietary legends or notices\ncontained in or on the Redistributable.\n\n(f) you only distribute the Redistributable subject to a license\nagreement that protects Sun's interests consistent with the terms\ncontained in this Agreement, and\n\n(g) you agree to defend and indemnify Sun and its licensors from and\nagainst any damages, costs, liabilities, settlement amounts and/or\nexpenses  (including attorneys' fees) incurred in connection with any\nclaim, lawsuit or action by any third party that arises or results from\nthe use or distribution of any and all Programs and/or\nRedistributable.\n\n3. Java Technology Restrictions.  You may not create, modify, or change\nthe behavior of, or authorize your licensees to create, modify, or\nchange the behavior of, classes, interfaces, or subpackages that are in\nany way identified as \"java\", \"javax\", \"sun\" or similar convention as\nspecified by Sun in any naming convention designation.\n\nB. Sun Microsystems, Inc. (\"Sun\")\nSOFTWARE LICENSE AGREEMENT\n\nREAD THE TERMS OF THIS AGREEMENT (\"AGREEMENT\") CAREFULLY BEFORE OPENING\nSOFTWARE MEDIA PACKAGE. BY OPENING SOFTWARE MEDIA PACKAGE, YOU AGREE TO\nTHE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING SOFTWARE\nELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING\nTHE \"ACCEPT\" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE\nTO ALL OF THE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE\nOF PURCHASE FOR A REFUND OR, IF SOFTWARE IS ACCESSED ELECTRONICALLY,\nSELECT THE \"DECLINE\" (OR \"EXIT\") BUTTON AT THE END OF THIS AGREEMENT.\nIF YOU HAVE SEPARATELY AGREED TO LICENSE TERMS (\"MASTER TERMS\") FOR\nYOUR LICENSE TO THIS SOFTWARE, THEN SECTIONS 1-5 OF THIS AGREEMENT\n(\"SUPPLEMENTAL LICENSE TERMS\") SHALL SUPPLEMENT AND SUPERSEDE THE\nMASTER TERMS IN RELATION TO THIS SOFTWARE.\n\n1.      Definitions.\n\n(a)     \"Entitlement\" means the collective set of applicable documents\nauthorized by Sun evidencing your obligation to pay associated fees (if\nany) for the license, associated Services, and the authorized scope of\nuse of Software under this Agreement.\n\n(b)     \"Licensed Unit\" means the unit of measure by which your use of\nSoftware and/or Service is licensed, as described in your Entitlement.\n\n(c)     \"Permitted Use\" means the licensed Software use(s) authorized\nin this Agreement as specified in your Entitlement. The Permitted Use\nfor any bundled Sun software not specified in your Entitlement will be\nevaluation use as provided in Section 3.\n\n(d)     \"Service\" means the service(s) that Sun or its delegate will\nprovide, if any, as selected in your Entitlement and as further\ndescribed in the applicable service listings at\nwww.sun.com/service/servicelist.\n\n(e)     \"Software\" means the Sun software described in your\nEntitlement. Also, certain software may be included for evaluation use\nunder Section 3.\n\n(f)     \"You\" and \"Your\" means the individual or legal entity specified\nin the Entitlement, or for evaluation purposes, the entity performing\nthe evaluation.\n\n2.      License Grant and Entitlement.\n\nSubject to the terms of your Entitlement, Sun grants you a\nnonexclusive, nontransferable limited license to use Software for its\nPermitted Use for the license term. Your Entitlement will specify (a)\nSoftware licensed, (b) the Permitted Use, (c) the license term, and (d)\nthe Licensed Units.\n\nAdditionally, if your Entitlement includes Services, then it will also\nspecify the (e) Service and (f) service term.\n\nIf your rights to Software or Services are limited in duration and the\ndate such rights begin is other than the purchase date, your\nEntitlement will provide that beginning date(s).\n\nThe Entitlement may be delivered to you in various ways depending on\nthe manner in which you obtain Software and Services, for example, the\nEntitlement may be provided in your receipt, invoice or your contract\nwith Sun or authorized Sun reseller. It may also be in electronic\nformat if you download Software.\n\n3.      Permitted Use.\n\nAs selected in your Entitlement, one or more of the following Permitted\nUses will apply to your use of Software. Unless you have an Entitlement\nthat expressly permits it, you may not use Software for any of the\nother Permitted Uses. If you don't have an Entitlement, or if your\nEntitlement doesn't cover additional software delivered to you, then\nsuch software is for your Evaluation Use.\n\n(a) Evaluation Use. You may evaluate Software internally for a period\nof 90 days from your first use.\n\n(b) Research and Instructional Use. You may use Software internally to\ndesign, develop and test, and also to provide instruction on such\nuses.\n\n(c) Individual Use. You may use Software internally for personal,\nindividual use.\n\n(d) Commercial Use. You may use Software internally for your own\ncommercial purposes.\n\n(e) Service Provider Use. You may make Software functionality\naccessible (but not by providing Software itself or through outsourcing\nservices) to your end users in an extranet deployment, but not to your\naffiliated companies or to government agencies.\n\n4.      Licensed Units.\n\nYour Permitted Use is limited to the number of Licensed Units stated in\nyour Entitlement. If you require additional Licensed Units, you will\nneed additional Entitlement(s).\n\n5.\tRestrictions.\n\n(a) The copies of Software provided to you under this Agreement are\nlicensed, not sold, to you by Sun. Sun reserves all rights not\nexpressly granted. (b) You may make a single archival copy of Software,\nbut otherwise may not copy, modify, or distribute Software. However if\nthe Sun documentation accompanying Software lists specific portions of\nSoftware, such as header files, class libraries, reference source code,\nand/or redistributable files, that may be handled differently, you may\ndo so only as provided in the Sun documentation. (c) You may not rent,\nlease, lend or encumber Software. (d) Unless enforcement is prohibited\nby applicable law, you may not decompile, or reverse engineer\nSoftware.  (e) The terms and conditions of this Agreement will apply to\nany Software updates, provided to you at Sun's discretion, that replace\nand/or supplement the original Software, unless such update contains a\nseparate license. (f) You may not publish or provide the results of any\nbenchmark or comparison tests run on Software to any third party\nwithout the prior written consent of Sun. (g) Software is confidential\nand copyrighted. (h) Unless otherwise specified, if Software is\ndelivered with embedded or bundled software that enables functionality\nof Software, you may not use such software on a stand-alone basis or\nuse any portion of such software to interoperate with any program(s)\nother than Software.  (i) Software may contain programs that perform\nautomated collection of system data and/or automated software updating\nservices. System data collected through such programs may be used by\nSun, its subcontractors, and its service delivery partners for the\npurpose of providing you with remote system services and/or improving\nSun's software and systems. (j) Software is not designed, licensed or\nintended for use in the design, construction, operation or maintenance\nof any nuclear facility and Sun and its licensors disclaim any express\nor implied warranty of fitness for such uses. (k) No right, title or\ninterest in or to any trademark, service mark, logo or trade name of\nSun or its licensors is granted under this Agreement.\n\n6.\tTerm and Termination. \n\nThe license and service term are set forth in your Entitlement(s). Your\nrights under this Agreement will terminate immediately without notice\nfrom Sun if you materially breach it or take any action in derogation\nof Sun's and/or its licensors' rights to Software. Sun may terminate\nthis Agreement should any Software become, or in Sun's reasonable\nopinion likely to become, the subject of a claim of intellectual\nproperty infringement or trade secret misappropriation. Upon\ntermination, you will cease use of, and destroy, Software and confirm\ncompliance in writing to Sun. Sections 1, 5, 6, 7, and 9-15 will\nsurvive termination of the Agreement.\n\n7.      Java Compatibility and Open Source.\n\nSoftware may contain Java technology. You may not create additional\nclasses to, or modifications of, the Java technology, except under\ncompatibility requirements available under a separate agreement\navailable at www.java.net.\n\nSun supports and benefits from the global community of open source\ndevelopers, and thanks the community for its important contributions\nand open standards-based technology, which Sun has adopted into many of\nits products.\n\nPlease note that portions of Software may be provided with notices and\nopen source licenses from such communities and third parties that\ngovern the use of those portions, and any licenses granted hereunder do\nnot alter any rights and obligations you may have under such open\nsource licenses, however, the disclaimer of warranty and limitation of\nliability provisions in this Agreement will apply to all Software in\nthis distribution.\n\n8.      Limited Warranty.\n\nSun warrants to you that for a period of 90 days from the date of\npurchase, as evidenced by a copy of the receipt, the media on which\nSoftware is furnished (if any) will be free of defects in materials and\nworkmanship under normal use. Except for the foregoing, Software is\nprovided \"AS IS\". Your exclusive remedy and Sun's entire liability\nunder this limited warranty will be at Sun's option to replace Software\nmedia or refund the fee paid for Software. Some states do not allow\nlimitations on certain implied warranties, so the above may not apply\nto you. This limited warranty gives you specific legal rights. You may\nhave others, which vary from state to state.\n\n9.      Disclaimer of Warranty.\n\nUNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,\nREPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF\nMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT\nARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO\nBE LEGALLY INVALID.\n\n10.     Limitation of Liability.\n\nTO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS\nLICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR\nSPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES,\nHOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR\nRELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS\nBEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun's\nliability to you, whether in contract, tort (including negligence), or\notherwise, exceed the amount paid by you for Software under this\nAgreement. The foregoing limitations will apply even if the above\nstated warranty fails of its essential purpose. Some states do not\nallow the exclusion of incidental or consequential damages, so some of\nthe terms above may not be applicable to you.\n\n11.     Export Regulations.\n\nAll Software, documents, technical data, and any other materials\ndelivered under this Agreement are subject to U.S. export control laws\nand may be subject to export or import regulations in other countries.\nYou agree to comply strictly with these laws and regulations and\nacknowledge that you have the responsibility to obtain any licenses to\nexport, re-export, or import as may be required after delivery to you.\n\n12.     U.S. Government Restricted Rights.\n\nIf Software is being acquired by or on behalf of the U.S. Government or\nby a U.S. Government prime contractor or subcontractor (at any tier),\nthen the Government's rights in Software and accompanying documentation\nwill be only as set forth in this Agreement; this is in accordance with\n48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD)\nacquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD\nacquisitions).\n\n13.     Governing Law.\n\nAny action related to this Agreement will be governed by California law\nand controlling U.S. federal law. No choice of law rules of any\njurisdiction will apply.\n\n14.     Severability.\n\nIf any provision of this Agreement is held to be unenforceable, this\nAgreement will remain in effect with the provision omitted, unless\nomission would frustrate the intent of the parties, in which case this\nAgreement will immediately terminate.\n\n15.     Integration.\n\nThis Agreement, including any terms contained in your Entitlement, is\nthe entire agreement between you and Sun relating to its subject\nmatter. It supersedes all prior or contemporaneous oral or written\ncommunications, proposals, representations and warranties and prevails\nover any conflicting or additional terms of any quote, order,\nacknowledgment, or other communication between the parties relating to\nits subject matter during the term of this Agreement. No modification\nof this Agreement will be binding, unless in writing and signed by an\nauthorized representative of each party.\n\nPlease contact Sun Microsystems, Inc. 4150 Network Circle, Santa Clara,\nCalifornia 95054 if you have questions."
}