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

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