/lib/third-party-licenses/license-javamail.txt

  1Sun Microsystems, Inc. ("Sun") ENTITLEMENT for SOFTWARE
  2
  3Licensee/Company: Entity receiving Software.
  4
  5Effective Date: Date of delivery of the Software to You.
  6
  7Software: JavaMail 1.4.2
  8
  9License Term:  Perpetual (subject to termination under the SLA).
 10
 11Licensed Unit: Software Copy.
 12
 13Licensed unit Count: Unlimited.
 14
 15Permitted Uses:
 16
 171. You may reproduce and use the Software for Individual, Commercial,
 18or Research and Instructional Use for the purposes of designing,
 19developing, testing, and running Your applets and
 20application("Programs").
 21
 222. Subject to the terms and conditions of this Agreement and
 23restrictions and exceptions set forth in the Software's documentation,
 24You may reproduce and distribute portions of Software identified as a
 25redistributable in the documentation ("Redistributable"), provided
 26that:
 27
 28(a) you distribute Redistributable complete and unmodified and only
 29bundled as part of Your Programs,
 30
 31(b) your Programs add significant and primary functionality to the
 32Redistributable,
 33
 34(c) you distribute Redistributable for the sole purpose of running your
 35Programs,
 36
 37(d) you do not distribute additional software intended to replace any
 38component(s) of the Redistributable,
 39
 40(e) you do not remove or alter any proprietary legends or notices
 41contained in or on the Redistributable.
 42
 43(f) you only distribute the Redistributable subject to a license
 44agreement that protects Sun's interests consistent with the terms
 45contained in this Agreement, and
 46
 47(g) you agree to defend and indemnify Sun and its licensors from and
 48against any damages, costs, liabilities, settlement amounts and/or
 49expenses  (including attorneys' fees) incurred in connection with any
 50claim, lawsuit or action by any third party that arises or results from
 51the use or distribution of any and all Programs and/or
 52Redistributable.
 53
 543. Java Technology Restrictions.  You may not create, modify, or change
 55the behavior of, or authorize your licensees to create, modify, or
 56change the behavior of, classes, interfaces, or subpackages that are in
 57any way identified as "java", "javax", "sun" or similar convention as
 58specified by Sun in any naming convention designation.
 59
 60B. Sun Microsystems, Inc. ("Sun")
 61SOFTWARE LICENSE AGREEMENT
 62
 63READ THE TERMS OF THIS AGREEMENT ("AGREEMENT") CAREFULLY BEFORE OPENING
 64SOFTWARE MEDIA PACKAGE. BY OPENING SOFTWARE MEDIA PACKAGE, YOU AGREE TO
 65THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING SOFTWARE
 66ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING
 67THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE
 68TO ALL OF THE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE
 69OF PURCHASE FOR A REFUND OR, IF SOFTWARE IS ACCESSED ELECTRONICALLY,
 70SELECT THE "DECLINE" (OR "EXIT") BUTTON AT THE END OF THIS AGREEMENT.
 71IF YOU HAVE SEPARATELY AGREED TO LICENSE TERMS ("MASTER TERMS") FOR
 72YOUR LICENSE TO THIS SOFTWARE, THEN SECTIONS 1-5 OF THIS AGREEMENT
 73("SUPPLEMENTAL LICENSE TERMS") SHALL SUPPLEMENT AND SUPERSEDE THE
 74MASTER TERMS IN RELATION TO THIS SOFTWARE.
 75
 761.      Definitions.
 77
 78(a)     "Entitlement" means the collective set of applicable documents
 79authorized by Sun evidencing your obligation to pay associated fees (if
 80any) for the license, associated Services, and the authorized scope of
 81use of Software under this Agreement.
 82
 83(b)     "Licensed Unit" means the unit of measure by which your use of
 84Software and/or Service is licensed, as described in your Entitlement.
 85
 86(c)     "Permitted Use" means the licensed Software use(s) authorized
 87in this Agreement as specified in your Entitlement. The Permitted Use
 88for any bundled Sun software not specified in your Entitlement will be
 89evaluation use as provided in Section 3.
 90
 91(d)     "Service" means the service(s) that Sun or its delegate will
 92provide, if any, as selected in your Entitlement and as further
 93described in the applicable service listings at
 94www.sun.com/service/servicelist.
 95
 96(e)     "Software" means the Sun software described in your
 97Entitlement. Also, certain software may be included for evaluation use
 98under Section 3.
 99
100
101(f)     "You" and "Your" means the individual or legal entity specified
102in the Entitlement, or for evaluation purposes, the entity performing
103the evaluation.
104
1052.      License Grant and Entitlement.
106
107Subject to the terms of your Entitlement, Sun grants you a
108nonexclusive, nontransferable limited license to use Software for its
109Permitted Use for the license term. Your Entitlement will specify (a)
110Software licensed, (b) the Permitted Use, (c) the license term, and (d)
111the Licensed Units.
112
113Additionally, if your Entitlement includes Services, then it will also
114specify the (e) Service and (f) service term.
115
116If your rights to Software or Services are limited in duration and the
117date such rights begin is other than the purchase date, your
118Entitlement will provide that beginning date(s).
119
120The Entitlement may be delivered to you in various ways depending on
121the manner in which you obtain Software and Services, for example, the
122Entitlement may be provided in your receipt, invoice or your contract
123with Sun or authorized Sun reseller. It may also be in electronic
124format if you download Software.
125
1263.      Permitted Use.
127
128As selected in your Entitlement, one or more of the following Permitted
129Uses will apply to your use of Software. Unless you have an Entitlement
130that expressly permits it, you may not use Software for any of the
131other Permitted Uses. If you don't have an Entitlement, or if your
132Entitlement doesn't cover additional software delivered to you, then
133such software is for your Evaluation Use.
134
135(a) Evaluation Use. You may evaluate Software internally for a period
136of 90 days from your first use.
137
138(b) Research and Instructional Use. You may use Software internally to
139design, develop and test, and also to provide instruction on such
140uses.
141
142(c) Individual Use. You may use Software internally for personal,
143individual use.
144
145(d) Commercial Use. You may use Software internally for your own
146commercial purposes.
147
148(e) Service Provider Use. You may make Software functionality
149accessible (but not by providing Software itself or through outsourcing
150services) to your end users in an extranet deployment, but not to your
151affiliated companies or to government agencies.
152
1534.      Licensed Units.
154
155Your Permitted Use is limited to the number of Licensed Units stated in
156your Entitlement. If you require additional Licensed Units, you will
157need additional Entitlement(s).
158
1595.	Restrictions.
160
161(a) The copies of Software provided to you under this Agreement are
162licensed, not sold, to you by Sun. Sun reserves all rights not
163expressly granted. (b) You may make a single archival copy of Software,
164but otherwise may not copy, modify, or distribute Software. However if
165the Sun documentation accompanying Software lists specific portions of
166Software, such as header files, class libraries, reference source code,
167and/or redistributable files, that may be handled differently, you may
168do so only as provided in the Sun documentation. (c) You may not rent,
169lease, lend or encumber Software. (d) Unless enforcement is prohibited
170by applicable law, you may not decompile, or reverse engineer Software.
171(e) The terms and conditions of this Agreement will apply to any
172Software updates, provided to you at Sun's discretion, that replace
173and/or supplement the original Software, unless such update contains a
174separate license. (f) You may not publish or provide the results of any
175benchmark or comparison tests run on Software to any third party
176without the prior written consent of Sun. (g) Software is confidential
177and copyrighted. (h) Unless otherwise specified, if Software is
178delivered with embedded or bundled software that enables functionality
179of Software, you may not use such software on a stand-alone basis or
180use any portion of such software to interoperate with any program(s)
181other than Software. (i) Software may contain programs that perform
182automated collection of system data and/or automated software updating
183services. System data collected through such programs may be used by
184Sun, its subcontractors, and its service delivery partners for the
185purpose of providing you with remote system services and/or improving
186Sun's software and systems. (j) Software is not designed, licensed or
187intended for use in the design, construction, operation or maintenance
188of any nuclear facility and Sun and its licensors disclaim any express
189or implied warranty of fitness for such uses. (k) No right, title or
190interest in or to any trademark, service mark, logo or trade name of
191Sun or its licensors is granted under this Agreement.
192
1936.      Term and Termination.
194
195The license and service term are set forth in your Entitlement(s). Your
196rights under this Agreement will terminate immediately without notice
197from Sun if you materially breach it or take any action in derogation
198of Sun's and/or its licensors' rights to Software. Sun may terminate
199this Agreement should any Software become, or in Sun's reasonable
200opinion likely to become, the subject of a claim of intellectual
201property infringement or trade secret misappropriation. Upon
202termination, you will cease use of, and destroy, Software and confirm
203compliance in writing to Sun. Sections 1, 5, 6, 7, and 9-15 will
204survive termination of the Agreement.
205
2067.      Java Compatibility and Open Source.
207
208Software may contain Java technology. You may not create additional
209classes to, or modifications of, the Java technology, except under
210compatibility requirements available under a separate agreement
211available at www.java.net.
212
213Sun supports and benefits from the global community of open source
214developers, and thanks the community for its important contributions
215and open standards-based technology, which Sun has adopted into many of
216its products.
217
218Please note that portions of Software may be provided with notices and
219open source licenses from such communities and third parties that
220govern the use of those portions, and any licenses granted hereunder do
221not alter any rights and obligations you may have under such open
222source licenses, however, the disclaimer of warranty and limitation of
223liability provisions in this Agreement will apply to all Software in
224this distribution.
225
2268.      Limited Warranty.
227
228Sun warrants to you that for a period of 90 days from the date of
229purchase, as evidenced by a copy of the receipt, the media on which
230Software is furnished (if any) will be free of defects in materials and
231workmanship under normal use. Except for the foregoing, Software is
232provided "AS IS". Your exclusive remedy and Sun's entire liability
233under this limited warranty will be at Sun's option to replace Software
234media or refund the fee paid for Software. Some states do not allow
235limitations on certain implied warranties, so the above may not apply
236to you. This limited warranty gives you specific legal rights. You may
237have others, which vary from state to state.
238
2399.      Disclaimer of Warranty.
240
241UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,
242REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF
243MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT
244ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO
245BE LEGALLY INVALID.
246
24710.     Limitation of Liability.
248
249TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS
250LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR
251SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES,
252HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR
253RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS
254BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun's
255liability to you, whether in contract, tort (including negligence), or
256otherwise, exceed the amount paid by you for Software under this
257Agreement. The foregoing limitations will apply even if the above
258stated warranty fails of its essential purpose. Some states do not
259allow the exclusion of incidental or consequential damages, so some of
260the terms above may not be applicable to you.
261
26211.     Export Regulations.
263
264All Software, documents, technical data, and any other materials
265delivered under this Agreement are subject to U.S. export control laws
266and may be subject to export or import regulations in other countries.
267You agree to comply strictly with these laws and regulations and
268acknowledge that you have the responsibility to obtain any licenses to
269export, re-export, or import as may be required after delivery to you.
270
27112.     U.S. Government Restricted Rights.
272
273If Software is being acquired by or on behalf of the U.S. Government or
274by a U.S. Government prime contractor or subcontractor (at any tier),
275then the Government's rights in Software and accompanying documentation
276will be only as set forth in this Agreement; this is in accordance with
27748 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD)
278acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD
279acquisitions).
280
28113.     Governing Law.
282
283Any action related to this Agreement will be governed by California law
284and controlling U.S. federal law. No choice of law rules of any
285jurisdiction will apply.
286
28714.     Severability.
288
289If any provision of this Agreement is held to be unenforceable, this
290Agreement will remain in effect with the provision omitted, unless
291omission would frustrate the intent of the parties, in which case this
292Agreement will immediately terminate.
293
29415.     Integration.
295
296This Agreement, including any terms contained in your Entitlement, is
297the entire agreement between you and Sun relating to its subject
298matter. It supersedes all prior or contemporaneous oral or written
299communications, proposals, representations and warranties and prevails
300over any conflicting or additional terms of any quote, order,
301acknowledgment, or other communication between the parties relating to
302its subject matter during the term of this Agreement. No modification
303of this Agreement will be binding, unless in writing and signed by an
304authorized representative of each party.
305
306Please contact Sun Microsystems, Inc. 4150 Network Circle, Santa Clara,
307California 95054 if you have questions.
308