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/interpreter/tags/at_build150307/lib/JGroups-2.4.0.bin/licenses/bcl.txt

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  1// $Id: bcl.txt,v 1.1 2006/07/07 16:15:43 belaban Exp $
  2
  3SUN MICROSYSTEMS, INC.
  4BINARY CODE LICENSE AGREEMENT
  5
  6
  7Note: This license agreement is provided for your reference. It is what you will find in the Java software package
  8 that you download and governs the use of the Java software package. To complete the installation of and use the
  9 Java software package, you will be required to agree to the terms set forth below.
 10
 11Sun Microsystems, Inc
 12Binary Code License Agreement
 13for the JAVA 2 PLATFORM STANDARD EDITION RUNTIME ENVIRONMENT 5.0
 14
 15
 16SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE SOFTWARE IDENTIFIED BELOW TO YOU ONLY UPON THE CONDITION THAT
 17YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS BINARY CODE LICENSE AGREEMENT AND SUPPLEMENTAL LICENSE TERMS
 18(COLLECTIVELY "AGREEMENT"). PLEASE READ THE AGREEMENT CAREFULLY. BY DOWNLOADING OR INSTALLING THIS SOFTWARE,
 19YOU ACCEPT THE TERMS OF THE AGREEMENT. INDICATE ACCEPTANCE BY SELECTING THE "ACCEPT" BUTTON AT THE BOTTOM OF THE
 20AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY ALL THE TERMS, SELECT THE "DECLINE" BUTTON AT THE BOTTOM OF THE
 21AGREEMENT AND THE DOWNLOAD OR INSTALL PROCESS WILL NOT CONTINUE.
 22
 23   1. DEFINITIONS."Software" means the identified above in binary form, any other machine readable materials (including,
 24   but not limited to, libraries, source files, header files, and data files), any updates or error corrections
 25   provided by Sun, and any user manuals, programming guides and other documentation provided to you by Sun under this
 26   Agreement. "Programs" mean Java applets and applications intended to run on the Java 2 Platform Standard Edition
 27   (J2SE platform) platform on Java-enabled general purpose desktop computers and servers.
 28
 29   2. LICENSE TO USE. Subject to the terms and conditions of this Agreement, including, but not limited to the Java
 30   Technology Restrictions of the Supplemental License Terms, Sun grants you a non-exclusive, non-transferable, limited
 31   license without license fees to reproduce and use internally Software complete and unmodified for the sole purpose
 32   of running Programs. Additional licenses for developers and/or publishers are granted in the Supplemental License Terms.
 33
 34   3. RESTRICTIONS. Software is confidential and copyrighted. Title to Software and all associated intellectual
 35   property rights is retained by Sun and/or its licensors. Unless enforcement is prohibited by applicable law, you
 36   may not modify, decompile, or reverse engineer Software. You acknowledge that Licensed Software is not designed or
 37   intended for use in the design, construction, operation or maintenance of any nuclear facility.
 38   Sun Microsystems, Inc. disclaims any express or implied warranty of fitness for such uses. No right, title or
 39   interest in or to any trademark, service mark, logo or trade name of Sun or its licensors is granted under this
 40   Agreement. Additional restrictions for developers and/or publishers licenses are set forth in the Supplemental
 41   License Terms.
 42
 43   4. LIMITED WARRANTY.  Sun warrants to you that for a period of ninety (90) days from the date of purchase, as
 44   evidenced by a copy of the receipt, the media on which Software is furnished (if any) will be free of defects in
 45   materials and workmanship under normal use. Except for the foregoing, Software is provided "AS IS". Your exclusive
 46   remedy and Sun's entire liability under this limited warranty will be at Sun's option to replace Software media or
 47   refund the fee paid for Software. Any implied warranties on the Software are limited to 90 days. Some states do not
 48   allow limitations on duration of an implied warranty, so the above may not apply to you. This limited warranty gives
 49   you specific legal rights. You may have others, which vary from state to state.
 50
 51   5. DISCLAIMER OF WARRANTY.  DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED
 52   CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
 53    PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE
 54    LEGALLY INVALID.
 55
 56   6. LIMITATION OF LIABILITY.  TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE
 57   FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES,
 58   HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE
 59   SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun's liability to you,
 60   whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under
 61   this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose.
 62   Some states do not allow the exclusion of incidental or consequential damages, so some of the terms above may not
 63   be applicable to you.
 64
 65   7. TERMINATION.  This Agreement is effective until terminated. You may terminate this Agreement at any time by
 66   destroying all copies of Software. This Agreement will terminate immediately without notice from Sun if you fail
 67   to comply with any provision of this Agreement. Either party may terminate this Agreement immediately should any
 68    Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any
 69    intellectual property right. Upon Termination, you must destroy all copies of Software.
 70
 71   8. EXPORT REGULATIONS. All Software and technical data delivered under this Agreement are subject to US export
 72   control laws and may be subject to export or import regulations in other countries. You agree to comply strictly
 73   with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to
 74   export, re-export, or import as may be required after delivery to you.
 75
 76   9. TRADEMARKS AND LOGOS. You acknowledge and agree as between you and Sun that Sun owns the SUN, SOLARIS, JAVA,
 77   JINI, FORTE, and iPLANET trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET-related trademarks,
 78   service marks, logos and other brand designations ("Sun Marks"), and you agree to comply with the Sun Trademark
 79   and Logo Usage Requirements currently located at http://www.sun.com/policies/trademarks. Any use you make of the
 80   Sun Marks inures to Sun's benefit.
 81
 82  10. U.S. GOVERNMENT RESTRICTED RIGHTS.  If Software is being acquired by or on behalf of the U.S. Government or by a
 83  U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in Software and
 84  accompanying documentation will be only as set forth in this Agreement; this is in accordance with 48 CFR 227.7201
 85  through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
 86
 87  11. GOVERNING LAW.  Any action related to this Agreement will be governed by California law and controlling U.S.
 88  federal law. No choice of law rules of any jurisdiction will apply.
 89
 90  12. SEVERABILITY. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in
 91  effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this
 92  Agreement will immediately terminate.
 93
 94  13. INTEGRATION.  This Agreement is the entire agreement between you and Sun relating to its subject matter.
 95  It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties
 96  and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication
 97  between the parties relating to its subject matter during the term of this Agreement. No modification of this
 98  Agreement will be binding, unless in writing and signed by an authorized representative of each party.
 99
100
101SUPPLEMENTAL LICENSE TERMS
102
103These Supplemental License Terms add to or modify the terms of the Binary Code License Agreement. Capitalized terms
104not defined in these Supplemental Terms shall have the same meanings ascribed to them in the Binary Code License
105Agreement . These Supplemental Terms shall supersede any inconsistent or conflicting terms in the Binary Code License
106Agreement, or in any license contained within the Software.
107
108   1. Software Internal Use and Development License Grant. Subject to the terms and conditions of this Agreement and
109   restrictions and exceptions set forth in the Software "README" file, including, but not limited to the Java
110   Technology Restrictions of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited
111   license without fees to reproduce internally and use internally the Software complete and unmodified for the
112   purpose of designing, developing, and testing your Programs.
113
114   2. License to Distribute Software. Subject to the terms and conditions of this Agreement and restrictions and
115   exceptions set forth in the Software README file, including, but not limited to the Java Technology Restrictions of
116   these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license without fees to
117    reproduce and distribute the Software, provided that (i) you distribute the Software complete and unmodified and
118    only bundled as part of, and for the sole purpose of running, your Programs, (ii) the Programs add significant and
119    primary functionality to the Software, (iii) you do not distribute additional software intended to replace any
120    component(s) of the Software, (iv) you do not remove or alter any proprietary legends or notices contained in the
121    Software, (v) you only distribute the Software subject to a license agreement that protects Sun's interests
122    consistent with the terms contained in this Agreement, and (vi) you agree to defend and indemnify Sun and its
123    licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys'
124    fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the
125    use or distribution of any and all Programs and/or Software.
126
127   3. Java Technology Restrictions. You may not create, modify, or change the behavior of, or authorize your licensees
128   to create, modify, or change the behavior of, classes, interfaces, or subpackages that are in any way identified
129   as "java", "javax", "sun" or similar convention as specified by Sun in any naming convention designation.
130
131   4. Source Code. Software may contain source code that, unless expressly licensed for other purposes, is provided
132   solely for reference purposes pursuant to the terms of this Agreement. Source code may not be redistributed unless
133   expressly provided for in this Agreement.
134
135   5. Third Party Code. Additional copyright notices and license terms applicable to portions of the Software are set
136   forth in the THIRDPARTYLICENSEREADME.txt file. In addition to any terms and conditions of any third party
137   opensource/freeware license identified in the THIRDPARTYLICENSEREADME.txt file, the disclaimer of warranty and
138   limitation of liability provisions in paragraphs 5 and 6 of the Binary Code License Agreement shall apply to all
139   Software in this distribution.
140
141For inquiries please contact: Sun Microsystems, Inc., 4150 Network Circle, Santa Clara, California 95054,
142U.S.A. (LFI#141623/Form ID#011801)