NETBEANS IDE 6.9 ("Product")
Please review the complete list of open-source licenses
governing software included in the Product. They can be
found in the THIRDPARTYLICENSE.txt file. Oracle elects to
use only the GNU Lesser General Public License version 2.1
(LGPL)/GNU General Public License version 2 (GPL) for any
software where a choice of LGPL/GPL license versions are
made available with the language indicating that
LGPLv2.1/GPLv2 or any later version may be used, or where a
choice of which version of the LGPL/GPL is applied is
unspecified.
Please review the list of libraries and licenses provided
for use. This license file contains six distinct licenses.
Unless specified below, the use of NetBeans IDE and
components from the GlassFish runtime are governed by the
terms of either the GNU General Public License Version 2
with Classpath Exception ("GPLv2 with Classpath Exception")
or the Common Development and Distribution License ("CDDL").
The Product also contains components which are governed
exclusively by the terms of the GPLv2 with Classpath
Exception (e.g., components from OpenJDK) .
LICENSE #1: GPLv2 with Classpath Exception.
LICENSE #2: CDDL.
LICENSE #3: The use of the Sun Java Wireless Toolkit 2.5.2
for CLDC in the Java ME pack is subject to this Software
License Agreement and Entitlement.
LICENSE #4: The use of the Java ME SDK 3.0 is subject to
this Software License Agreement and Entitlement.
LICENSE #5: The use of the Java Card Development Kit, 3.0.2
is subject to this Software License Agreement and
Entitlement.
LICENSE #6: The use of the JavaFX Software Development Kit
(SDK) is subject to this Software License Agreement and
Entitlement.
************************************************************
LICENSE #1:
The GNU General Public License (GPL) Version 2, June 1991
Copyright (C) 1989, 1991 Free Software Foundation, Inc.
59 Temple Place, Suite 330, Boston, MA 02111-1307 USA
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
Preamble
The licenses for most software are designed to take away
your freedom to share and change it. By contrast, the GNU
General Public License is intended to guarantee your freedom
to share and change free software--to make sure the software
is free for all its users. This General Public License
applies to most of the Free Software Foundation's software
and to any other program whose authors commit to using it.
(Some other Free Software Foundation software is covered by
the GNU Library General Public License instead.) You can
apply it to your programs, too. When we speak of free
software, we are referring to freedom, not price. Our
General Public Licenses are designed to make sure that you
have the freedom to distribute copies of free software (and
charge for this service if you wish), that you receive
source code or can get it if you want it, that you can
change the software or use pieces of it in new free
programs; and that you know you can do these things. To
protect your rights, we need to make restrictions that
forbid anyone to deny you these rights or to ask you to
surrender the rights. These restrictions translate to
certain responsibilities for you if you distribute copies of
the software, or if you modify it.
For example, if you distribute copies of such a program,
whether gratis or for a fee, you must give the recipients
all the rights that you have. You must make sure that they,
too, receive or can get the source code. And you must show
them these terms so they know their rights.
We protect your rights with two steps: (1) copyright the
software, and (2) offer you this license which gives you
legal permission to copy, distribute and/or modify the
software.
Also, for each author's protection and ours, we want to make
certain that everyone understands that there is no warranty
for this free software. If the software is modified by
someone else and passed on, we want its recipients to know
that what they have is not the original, so that any
problems introduced by others will not reflect on the
original authors' reputations.
Finally, any free program is threatened constantly by
software patents. We wish to avoid the danger that
redistributors of a free program will individually obtain
patent licenses, in effect making the program proprietary.
To prevent this, we have made it clear that any patent must
be licensed for everyone's free use or not licensed at all.
The precise terms and conditions for copying, distribution
and modification follow. TERMS AND CONDITIONS FOR COPYING,
DISTRIBUTION AND MODIFICATION 0. This License applies to any
program or other work which contains a notice placed by the
copyright holder saying it may be distributed under the
terms of this General Public License. The "Program", below,
refers to any such program or work, and a "work based on the
Program" means either the Program or any derivative work
under copyright law: that is to say, a work containing the
Program or a portion of it, either verbatim or with
modifications and/or translated into another language.
(Hereinafter, translation is included without limitation in
the term "modification".) Each licensee is addressed as
"you".
Activities other than copying, distribution and modification
are not covered by this License; they are outside its scope.
The act of running the Program is not restricted, and the
output from the Program is covered only if its contents
constitute a work based on the Program (independent of
having been made by running the Program). Whether that is
true depends on what the Program does.
1. You may copy and distribute verbatim copies of the
Program's source code as you receive it, in any medium,
provided that you conspicuously and appropriately publish on
each copy an appropriate copyright notice and disclaimer of
warranty; keep intact all the notices that refer to this
License and to the absence of any warranty; and give any
other recipients of the Program a copy of this License along
with the Program.
You may charge a fee for the physical act of transferring a
copy, and you may at your option offer warranty protection
in exchange for a fee.
2. You may modify your copy or copies of the Program or any
portion of it, thus forming a work based on the Program, and
copy and distribute such modifications or work under the
terms of Section 1 above, provided that you also meet all of
these conditions:
a) You must cause the modified files to carry prominent
notices stating that you changed the files and the date of
any change.
b) You must cause any work that you distribute or publish,
that in whole or in part contains or is derived from the
Program or any part thereof, to be licensed as a whole at no
charge to all third parties under the terms of this License.
c) If the modified program normally reads commands
interactively when run, you must cause it, when started
running for such interactive use in the most ordinary way,
to print or display an announcement including an appropriate
copyright notice and a notice that there is no warranty (or
else, saying that you provide a warranty) and that users may
redistribute the program under these conditions, and telling
the user how to view a copy of this License. (Exception: if
the Program itself is interactive but does not normally
print such an announcement, your work based on the Program
is not required to print an announcement.)
These requirements apply to the modified work as a whole. If
identifiable sections of that work are not derived from the
Program, and can be reasonably considered independent and
separate works in themselves, then this License, and its
terms, do not apply to those sections when you distribute
them as separate works. But when you distribute the same
sections as part of a whole which is a work based on the
Program, the distribution of the whole must be on the terms
of this License, whose permissions for other licensees
extend to the entire whole, and thus to each and every part
regardless of who wrote it.
Thus, it is not the intent of this section to claim rights
or contest your rights to work written entirely by you;
rather, the intent is to exercise the right to control the
distribution of derivative or collective works based on the
Program. In addition, mere aggregation of another work not
based on the Program with the Program (or with a work based
on the Program) on a volume of a storage or distribution
medium does not bring the other work under the scope of this
License.
3. You may copy and distribute the Program (or a work based
on it, under Section 2) in object code or executable form
under the terms of Sections 1 and 2 above provided that you
also do one of the following:
a) Accompany it with the complete corresponding
machine-readable source code, which must be distributed
under the terms of Sections 1 and 2 above on a medium
customarily used for software interchange; or,
b) Accompany it with a written offer, valid for at least
three years, to give any third party, for a charge no more
than your cost of physically performing source distribution,
a complete machine-readable copy of the corresponding source
code, to be distributed under the terms of Sections 1 and 2
above on a medium customarily used for software interchange;
or,
c) Accompany it with the information you received as to the
offer to distribute corresponding source code. (This
alternative is allowed only for noncommercial distribution
and only if you received the program in object code or
executable form with such an offer, in accord with
Subsection b above.)
The source code for a work means the preferred form of the
work for making modifications to it. For an executable work,
complete source code means all the source code for all
modules it contains, plus any associated interface
definition files, plus the scripts used to control
compilation and installation of the executable. However, as
a special exception, the source code distributed need not
include anything that is normally distributed (in either
source or binary form) with the major components (compiler,
kernel, and so on) of the operating system on which the
executable runs, unless that component itself accompanies
the executable. If distribution of executable or object code
is made by offering access to copy from a designated place,
then offering equivalent access to copy the source code from
the same place counts as distribution of the source code,
even though third parties are not compelled to copy the
source along with the object code.
4. You may not copy, modify, sublicense, or distribute the
Program except as expressly provided under this License. Any
attempt otherwise to copy, modify, sublicense or distribute
the Program is void, and will automatically terminate your
rights under this License. However, parties who have
received copies, or rights, from you under this License will
not have their licenses terminated so long as such parties
remain in full compliance.
5. You are not required to accept this License, since you
have not signed it. However, nothing else grants you
permission to modify or distribute the Program or its
derivative works. These actions are prohibited by law if you
do not accept this License. Therefore, by modifying or
distributing the Program (or any work based on the Program),
you indicate your acceptance of this License to do so, and
all its terms and conditions for copying, distributing or
modifying the Program or works based on it.
6. Each time you redistribute the Program (or any work based
on the Program), the recipient automatically receives a
license from the original licensor to copy, distribute or
modify the Program subject to these terms and conditions.
You may not impose any further restrictions on the
recipients' exercise of the rights granted herein. You are
not responsible for enforcing compliance by third parties to
this License.
7. If, as a consequence of a court judgment or allegation of
patent infringement or for any other reason (not limited to
patent issues), conditions are imposed on you (whether by
court order, agreement or otherwise) that contradict the
conditions of this License, they do not excuse you from the
conditions of this License. If you cannot distribute so as
to satisfy simultaneously your obligations under this
License and any other pertinent obligations, then as a
consequence you may not distribute the Program at all. For
example, if a patent license would not permit royalty-free
redistribution of the Program by all those who receive
copies directly or indirectly through you, then the only way
you could satisfy both it and this License would be to
refrain entirely from distribution of the Program.
If any portion of this section is held invalid or
unenforceable under any particular circumstance, the balance
of the section is intended to apply and the section as a
whole is intended to apply in other circumstances. It is not
the purpose of this section to induce you to infringe any
patents or other property right claims or to contest
validity of any such claims; this section has the sole
purpose of protecting the integrity of the free software
distribution system, which is implemented by public license
practices. Many people have made generous contributions to
the wide range of software distributed through that system
in reliance on consistent application of that system; it is
up to the author/donor to decide if he or she is willing to
distribute software through any other system and a licensee
cannot impose that choice.
This section is intended to make thoroughly clear what is
believed to be a consequence of the rest of this License.
8. If the distribution and/or use of the Program is
restricted in certain countries either by patents or by
copyrighted interfaces, the original copyright holder who
places the Program under this License may add an explicit
geographical distribution limitation excluding those
countries, so that distribution is permitted only in or
among countries not thus excluded. In such case, this
License incorporates the limitation as if written in the
body of this License.
9. The Free Software Foundation may publish revised and/or
new versions of the General Public License from time to
time. Such new versions will be similar in spirit to the
present version, but may differ in detail to address new
problems or concerns.
Each version is given a distinguishing version number. If
the Program specifies a version number of this License which
applies to it and "any later version", you have the option
of following the terms and conditions either of that version
or of any later version published by the Free Software
Foundation. If the Program does not specify a version number
of this License, you may choose any version ever published
by the Free Software Foundation.
10. If you wish to incorporate parts of the Program into
other free programs whose distribution conditions are
different, write to the author to ask for permission. For
software which is copyrighted by the Free Software
Foundation, write to the Free Software Foundation; we
sometimes make exceptions for this. Our decision will be
guided by the two goals of preserving the free status of all
derivatives of our free software and of promoting the
sharing and reuse of software generally.
NO WARRANTY
11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS
NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY
APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE
COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM
"AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE
DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION.
12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED
TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY
WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED
ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF
THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT
LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR
LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE
PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH
HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
END OF TERMS AND CONDITIONS
How to Apply These Terms to Your New Programs
If you develop a new program, and you want it to be of the
greatest possible use to the public, the best way to achieve
this is to make it free software which everyone can
redistribute and change under these terms.
To do so, attach the following notices to the program. It is
safest to attach them to the start of each source file to
most effectively convey the exclusion of warranty; and each
file should have at least the "copyright" line and a pointer
to where the full notice is found.
One line to give the program's name and a brief idea of what
it does.
Copyright (C) <year> <name of author>
This program is free software; you can redistribute it
and/or modify it under the terms of the GNU General Public
License as published by the Free Software Foundation; either
version 2 of the License, or (at your option) any later
version. This program is distributed in the hope that it
will be useful, but WITHOUT ANY WARRANTY; without even the
implied warranty of MERCHANTABILITY or FITNESS FOR A
PARTICULAR PURPOSE. See the GNU General Public License for
more details. You should have received a copy of the GNU
General Public License along with this program; if not,
write to the Free Software Foundation, Inc., 59 Temple
Place, Suite 330, Boston, MA 02111-1307 USA
Also add information on how to contact you by electronic and
paper mail.
If the program is interactive, make it output a short notice
like this when it starts in an interactive mode:
Gnomovision version 69, Copyright (C) year name of author
Gnomovision comes with ABSOLUTELY NO WARRANTY; for details
type `show w'. This is free software, and you are welcome to
redistribute it under certain conditions; type `show c' for
details. The hypothetical commands `show w' and `show c'
should show the appropriate parts of the General Public
License. Of course, the commands you use may be called
something other than `show w' and `show c'; they could even
be mouse-clicks or menu items--whatever suits your program.
You should also get your employer (if you work as a
programmer) or your school, if any, to sign a "copyright
disclaimer" for the program, if necessary. Here is a sample;
alter the names:
Yoyodyne, Inc., hereby disclaims all copyright interest in
the program `Gnomovision' (which makes passes at compilers)
written by James Hacker.
signature of Ty Coon, 1 April 1989
Ty Coon, President of Vice
This General Public License does not permit incorporating
your program into proprietary programs. If your program is a
subroutine library, you may consider it more useful to
permit linking proprietary applications with the library. If
this is what you want to do, use the GNU Library General
Public License instead of this License.
"CLASSPATH" EXCEPTION TO THE GPL VERSION 2
Certain source files distributed by Oracle Corp. are subject
to the following clarification and special exception to the
GPL Version 2, but only where Oracle has expressly included
in the particular source file's header the words "Oracle
designates this particular file as subject to the
"Classpath" exception as provided by Oracle in the License
file that accompanied this code."
Linking this library statically or dynamically with other
modules is making a combined work based on this library.
Thus, the terms and conditions of the GNU General Public
License Version 2 cover the whole combination.
As a special exception, the copyright holders of this
library give you permission to link this library with
independent modules to produce an executable, regardless of
the license terms of these independent modules, and to copy
and distribute the resulting executable under terms of your
choice, provided that you also meet, for each linked
independent module, the terms and conditions of the license
of that module. An independent module is a module which is
not derived from or based on this library. If you modify
this library, you may extend this exception to your version
of the library, but you are not obligated to do so. If you
do not wish to do so, delete this exception statement from
your version.
************************************************************
LICENSE #2:
COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)
Version 1.0
1. Definitions.
1.1. "Contributor" means each individual or entity that
creates or contributes to the creation of Modifications.
1.2. "Contributor Version" means the combination of the
Original Software, prior Modifications used by a Contributor
(if any), and the Modifications made by that particular
Contributor.
1.3. "Covered Software" means (a) the Original Software, or
(b) Modifications, or (c) the combination of files
containing Original Software with files containing
Modifications, in each case including portions thereof.
1.4. "Executable" means the Covered Software in any form
other than Source Code.
1.5. "Initial Developer" means the individual or entity that
first makes Original Software available under this License.
1.6. "Larger Work" means a work which combines Covered
Software or portions thereof with code not governed by the
terms of this License.
1.7. "License" means this document.
1.8. "Licensable" means having the right to grant, to the
maximum extent possible, whether at the time of the initial
grant or subsequently acquired, any and all of the rights
conveyed herein.
1.9. "Modifications" means the Source Code and Executable
form of any of the following:
A. Any file that results from an addition to, deletion from
or modification of the contents of a file containing
Original Software or previous Modifications;
B. Any new file that contains any part of the Original
Software or previous Modification; or
C. Any new file that is contributed or otherwise made
available under the terms of this License.
1.10. "Original Software" means the Source Code and
Executable form of computer software code that is originally
released under this License.
1.11. "Patent Claims" means any patent claim(s), now owned
or hereafter acquired, including without limitation, method,
process, and apparatus claims, in any patent Licensable by
grantor.
1.12. "Source Code" means (a) the common form of computer
software code in which modifications are made and (b)
associated documentation included in or with such code.
1.13. "You" (or "Your") means an individual or a legal
entity exercising rights under, and complying with all of
the terms of, this License. For legal entities, "You"
includes any entity which controls, is controlled by, or is
under common control with You. For purposes of this
definition, "control" means (a) the power, direct or
indirect, to cause the direction or management of such
entity, whether by contract or otherwise, or (b) ownership
of more than fifty percent (50%) of the outstanding shares
or beneficial ownership of such entity.
2. License Grants.
2.1. The Initial Developer Grant. Conditioned upon Your
compliance with Section 3.1 below and subject to third party
intellectual property claims, the Initial Developer hereby
grants You a world-wide, royalty-free, non-exclusive
license:
(a) under intellectual property rights (other than patent or
trademark) Licensable by Initial Developer, to use,
reproduce, modify, display, perform, sublicense and
distribute the Original Software (or portions thereof), with
or without Modifications, and/or as part of a Larger Work;
and
(b) under Patent Claims infringed by the making, using or
selling of Original Software, to make, have made, use,
practice, sell, and offer for sale, and/or otherwise dispose
of the Original Software (or portions thereof).
(c) The licenses granted in Sections 2.1(a) and (b) are
effective on the date Initial Developer first distributes or
otherwise makes the Original Software available to a third
party under the terms of this License.
(d) Notwithstanding Section 2.1(b) above, no patent license
is granted: (1) for code that You delete from the Original
Software, or (2) for infringements caused by: (i) the
modification of the Original Software, or (ii) the
combination of the Original Software with other software or
devices.
2.2. Contributor Grant. Conditioned upon Your compliance
with Section 3.1 below and subject to third party
intellectual property claims, each Contributor hereby grants
You a world-wide, royalty-free, non-exclusive license:
(a) under intellectual property rights (other than patent or
trademark) Licensable by Contributor to use, reproduce,
modify, display, perform, sublicense and distribute the
Modifications created by such Contributor (or portions
thereof), either on an unmodified basis, with other
Modifications, as Covered Software and/or as part of a
Larger Work; and
(b) under Patent Claims infringed by the making, using, or
selling of Modifications made by that Contributor either
alone and/or in combination with its Contributor Version (or
portions of such combination), to make, use, sell, offer for
sale, have made, and/or otherwise dispose of: (1)
Modifications made by that Contributor (or portions
thereof); and (2) the combination of Modifications made by
that Contributor with its Contributor Version (or portions
of such combination).
(c) The licenses granted in Sections 2.2(a) and 2.2(b) are
effective on the date Contributor first distributes or
otherwise makes the Modifications available to a third
party.
(d) Notwithstanding Section 2.2(b) above, no patent license
is granted: (1) for any code that Contributor has deleted
from the Contributor Version; (2) for infringements caused
by: (i) third party modifications of Contributor Version, or
(ii) the combination of Modifications made by that
Contributor with other software (except as part of the
Contributor Version) or other devices; or (3) under Patent
Claims infringed by Covered Software in the absence of
Modifications made by that Contributor.
3. Distribution Obligations.
3.1. Availability of Source Code.
Any Covered Software that You distribute or otherwise make
available in Executable form must also be made available in
Source Code form and that Source Code form must be
distributed only under the terms of this License. You must
include a copy of this License with every copy of the Source
Code form of the Covered Software You distribute or
otherwise make available. You must inform recipients of any
such Covered Software in Executable form as to how they can
obtain such Covered Software in Source Code form in a
reasonable manner on or through a medium customarily used
for software exchange.
3.2. Modifications.
The Modifications that You create or to which You contribute
are governed by the terms of this License. You represent
that You believe Your Modifications are Your original
creation(s) and/or You have sufficient rights to grant the
rights conveyed by this License.
3.3. Required Notices.
You must include a notice in each of Your Modifications that
identifies You as the Contributor of the Modification. You
may not remove or alter any copyright, patent or trademark
notices contained within the Covered Software, or any
notices of licensing or any descriptive text giving
attribution to any Contributor or the Initial Developer.
3.4. Application of Additional Terms.
You may not offer or impose any terms on any Covered
Software in Source Code form that alters or restricts the
applicable version of this License or the recipients' rights
hereunder. You may choose to offer, and to charge a fee for,
warranty, support, indemnity or liability obligations to one
or more recipients of Covered Software. However, you may do
so only on Your own behalf, and not on behalf of the Initial
Developer or any Contributor. You must make it absolutely
clear that any such warranty, support, indemnity or
liability obligation is offered by You alone, and You hereby
agree to indemnify the Initial Developer and every
Contributor for any liability incurred by the Initial
Developer or such Contributor as a result of warranty,
support, indemnity or liability terms You offer.
3.5. Distribution of Executable Versions.
You may distribute the Executable form of the Covered
Software under the terms of this License or under the terms
of a license of Your choice, which may contain terms
different from this License, provided that You are in
compliance with the terms of this License and that the
license for the Executable form does not attempt to limit or
alter the recipient's rights in the Source Code form from
the rights set forth in this License. If You distribute the
Covered Software in Executable form under a different
license, You must make it absolutely clear that any terms
which differ from this License are offered by You alone, not
by the Initial Developer or Contributor. You hereby agree to
indemnify the Initial Developer and every Contributor for
any liability incurred by the Initial Developer or such
Contributor as a result of any such terms You offer.
3.6. Larger Works.
You may create a Larger Work by combining Covered Software
with other code not governed by the terms of this License
and distribute the Larger Work as a single product. In such
a case, You must make sure the requirements of this License
are fulfilled for the Covered Software.
4. Versions of the License.
4.1. New Versions.
Oracle Corp. is the initial license steward and may publish
revised and/or new versions of this License from time to
time. Each version will be given a distinguishing version
number. Except as provided in Section 4.3, no one other than
the license steward has the right to modify this License.
4.2. Effect of New Versions.
You may always continue to use, distribute or otherwise make
the Covered Software available under the terms of the
version of the License under which You originally received
the Covered Software. If the Initial Developer includes a
notice in the Original Software prohibiting it from being
distributed or otherwise made available under any subsequent
version of the License, You must distribute and make the
Covered Software available under the terms of the version of
the License under which You originally received the Covered
Software. Otherwise, You may also choose to use, distribute
or otherwise make the Covered Software available under the
terms of any subsequent version of the License published by
the license steward.
4.3. Modified Versions.
When You are an Initial Developer and You want to create a
new license for Your Original Software, You may create and
use a modified version of this License if You: (a) rename
the license and remove any references to the name of the
license steward (except to note that the license differs
from this License); and (b) otherwise make it clear that the
license contains terms which differ from this License.
5. DISCLAIMER OF WARRANTY.
COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS
IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE
COVERED SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A
PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO
THE QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH
YOU. SHOULD ANY COVERED SOFTWARE PROVE DEFECTIVE IN ANY
RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER
CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING,
REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY
CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY
COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
DISCLAIMER.
6. TERMINATION.
6.1. This License and the rights granted hereunder will
terminate automatically if You fail to comply with terms
herein and fail to cure such breach within 30 days of
becoming aware of the breach. Provisions which, by their
nature, must remain in effect beyond the termination of this
License shall survive.
6.2. If You assert a patent infringement claim (excluding
declaratory judgment actions) against Initial Developer or a
Contributor (the Initial Developer or Contributor against
whom You assert such claim is referred to as "Participant")
alleging that the Participant Software (meaning the
Contributor Version where the Participant is a Contributor
or the Original Software where the Participant is the
Initial Developer) directly or indirectly infringes any
patent, then any and all rights granted directly or
indirectly to You by such Participant, the Initial Developer
(if the Initial Developer is not the Participant) and all
Contributors under Sections 2.1 and/or 2.2 of this License
shall, upon 60 days notice from Participant terminate
prospectively and automatically at the expiration of such 60
day notice period, unless if within such 60 day period You
withdraw Your claim with respect to the Participant Software
against such Participant either unilaterally or pursuant to
a written agreement with Participant.
6.3. In the event of termination under Sections 6.1 or 6.2
above, all end user licenses that have been validly granted
by You or any distributor hereunder prior to termination
(excluding licenses granted to You by any distributor) shall
survive termination.
7. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER
TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL
YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY
DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF
SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST
PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE
OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR
LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY
SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT
APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY
NOT APPLY TO YOU.
8. U.S. GOVERNMENT END USERS.
The Covered Software is a "commercial item," as that term is
defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of
"commercial computer software" (as that term is defined at
48 C.F.R. 252.227-7014(a)(1)) and "commercial computer
software documentation" as such terms are used in 48 C.F.R.
12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48
C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S.
Government End Users acquire Covered Software with only
those rights set forth herein. This U.S. Government Rights
clause is in lieu of, and supersedes, any other FAR, DFAR,
or other clause or provision that addresses Government
rights in computer software under this License.
9. MISCELLANEOUS.
This License represents the complete agreement concerning
subject matter hereof. If any provision of this License is
held to be unenforceable, such provision shall be reformed
only to the extent necessary to make it enforceable. This
License shall be governed by the law of the jurisdiction
specified in a notice contained within the Original Software
(except to the extent applicable law, if any, provides
otherwise), excluding such jurisdiction's conflict-of-law
provisions. Any litigation relating to this License shall be
subject to the jurisdiction of the courts located in the
jurisdiction and venue specified in a notice contained
within the Original Software, with the losing party
responsible for costs, including, without limitation, court
costs and reasonable attorneys' fees and expenses. The
application of the United Nations Convention on Contracts
for the International Sale of Goods is expressly excluded.
Any law or regulation which provides that the language of a
contract shall be construed against the drafter shall not
apply to this License. You agree that You alone are
responsible for compliance with the United States export
administration regulations (and the export control laws and
regulation of any other countries) when You use, distribute
or otherwise make available any Covered Software.
10. RESPONSIBILITY FOR CLAIMS.
As between Initial Developer and the Contributors, each
party is responsible for claims and damages arising,
directly or indirectly, out of its utilization of rights
under this License and You agree to work with Initial
Developer and Contributors to distribute such responsibility
on an equitable basis. Nothing herein is intended or shall
be deemed to constitute any admission of liability.
************************************************************
LICENSE #3:
SUN JAVA WIRELESS TOOLKIT 2.5.2 FOR CLDC
Sun Microsystems, Inc. ("Sun") ENTITLEMENT for SOFTWARE
Licensee/Company: Entity receiving Software.
Effective Date: Date of delivery of the Software to You.
Software:
-Sun Java Wireless Toolkit 2.5.2 for CLDC
-SVG Renderer Library
License Term: Perpetual (subject to termination under the
SLA).
Licensed Unit: Software Copy.
Licensed unit Count: Unlimited.
Permitted Uses:
1. You may reproduce and use the Software for Your own
Individual, Commercial and Research and Instructional Use
only for the purposes of designing, developing, testing,
and running Your applets and applications ("Programs").
2. Subject to the terms and conditions of this Agreement and
restrictions and exceptions set forth in the Software's
documentation, You may reproduce and distribute portions of
Software identified as a redistributable in the
documentation (each a "Redistributable"), provided that You
comply with the following (note that You may be entitled to
reproduce and distribute other portions of the Software not
defined in the documentation as a Redistributable under
certain other licenses as described in the
THIRDPARTYLICENSEREADME, if applicable):
(a) You distribute Redistributable complete and unmodified
and only bundled as part of Your Programs,
(b) Your Programs add significant and primary functionality
to the Redistributable,
(c) You distribute Redistributable for the sole purpose of
running Your Programs,
(d) You do not distribute additional software intended to
replace any component(s) of the Redistributable,
(e) You do not remove or alter any proprietary legends or
notices contained in or on the Redistributable.
(f) You only distribute the Redistributable subject to a
license agreement that protects Sun's interests consistent
with the terms contained in this Agreement, and
(g) 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
Redistributable.
3. 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.
Sun Microsystems, Inc. ("Sun") SOFTWARE LICENSE AGREEMENT
READ THE TERMS OF THIS AGREEMENT ("AGREEMENT") CAREFULLY
BEFORE OPENING SOFTWARE MEDIA PACKAGE. BY OPENING SOFTWARE
MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF
YOU DO NOT AGREE TO ALL OF THE TERMS, PROMPTLY RETURN THE
UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE FOR A REFUND. IF
YOU HAVE SEPARATELY AGREED TO LICENSE TERMS ("MASTER TERMS")
FOR YOUR LICENSE TO THIS SOFTWARE, THEN SECTIONS 1-6 OF THIS
AGREEMENT ("SUPPLEMENTAL LICENSE TERMS") SHALL SUPPLEMENT
AND SUPERSEDE THE MASTER TERMS IN RELATION TO THIS SOFTWARE.
1. Definitions.
(a) "Entitlement" means the collective set of applicable
documents authorized by Sun evidencing your obligation to
pay associated fees (if any) for the license, associated
Services, and the authorized scope of use of Software under
this Agreement.
(b) "Licensed Unit" means the unit of measure by which
your use of Software and/or Service is licensed, as
described in your Entitlement.
(c) "Permitted Use" means the licensed Software use(s)
authorized in this Agreement as specified in your
Entitlement. The Permitted Use for any bundled Sun software
not specified in your Entitlement will be evaluation use as
provided in Section 3.
(d) "Service" means the service(s) that Sun or its
delegate will provide, if any, as selected in your
Entitlement and as further described in the applicable
service listings at www.sun.com/service/servicelist.
(e) "Software" means the Sun software described in your
Entitlement. Also, certain software may be included for
evaluation use under Section 3.
(f) "You" and "Your" means the individual or legal
entity specified in the Entitlement, or for evaluation
purposes, the entity performing the evaluation.
2. License Grant and Entitlement.
Subject to the terms of your Entitlement, Sun grants you a
nonexclusive, nontransferable limited license to use
Software for its Permitted Use for the license term. Your
Entitlement will specify (a) Software licensed, (b) the
Permitted Use, (c) the license term, and (d) the Licensed
Units.
Additionally, if your Entitlement includes Services, then it
will also specify the (e) Service and (f) service term.
If your rights to Software or Services are limited in
duration and the date such rights begin is other than the
purchase date, your Entitlement will provide that beginning
date(s).
The Entitlement may be delivered to you in various ways
depending on the manner in which you obtain Software and
Services, for example, the Entitlement may be provided in
your receipt, invoice or your contract with Sun or
authorized Sun reseller. It may also be in electronic format
if you download Software.
3. Permitted Use.
As selected in your Entitlement, one or more of the
following Permitted Uses will apply to your use of Software.
Unless you have an Entitlement that expressly permits it,
you may not use Software for any of the other Permitted
Uses. If you don't have an Entitlement, or if your
Entitlement doesn't cover additional software delivered to
you, then such software is for your Evaluation Use.
(a) Evaluation Use. You may evaluate Software internally for
a period of 90 days from your first use.
(b) Research and Instructional Use. You may use Software
internally to design, develop and test, and also to provide
instruction on such uses.
(c) Individual Use. You may use Software internally for
personal, individual use.
(d) Commercial Use. You may use Software internally for your
own commercial purposes.
(e) Service Provider Use. You may make Software
functionality accessible (but not by providing Software
itself or through outsourcing services) to your end users in
an extranet deployment, but not to your affiliated companies
or to government agencies.
4. Licensed Units.
Your Permitted Use is limited to the number of Licensed
Units stated in your Entitlement. If you require additional
Licensed Units, you will need additional Entitlement(s).
5. Restrictions.
(a) The copies of Software provided to you under this
Agreement is licensed, not sold, to you by Sun. Sun reserves
all rights not expressly granted. (b) You may make a single
archival copy of Software, but otherwise may not copy,
modify, or distribute Software. However if the Sun
documentation accompanying Software lists specific portions
of Software, such as header files, class libraries,
reference source code, and/or redistributable files, that
may be handled differently, you may do so only as provided
in the Sun documentation. (c) You may not rent, lease, lend
or encumber Software. (d) Unless enforcement is prohibited
by applicable law, you may not decompile, or reverse
engineer Software. (e) The terms and conditions of this
Agreement will apply to any Software updates, provided to
you at Sun's discretion, that replace and/or supplement the
original Software, unless such update contains a separate
license. (f) You may not publish or provide the results of
any benchmark or comparison tests run on Software to any
third party without the prior written consent of Sun. (g)
Software is confidential and copyrighted. (h) Unless
otherwise specified, if Software is delivered with embedded
or bundled software that enables functionality of Software,
you may not use such software on a stand-alone basis or use
any portion of such software to interoperate with any
program(s) other than Software. (i) Software may contain
programs that perform automated collection of system data
and/or automated software updating services. System data
collected through such programs may be used by Sun, its
subcontractors, and its service delivery partners for the
purpose of providing you with remote system services and/or
improving Sun's software and systems. (j) Software is not
designed, licensed or intended for use in the design,
construction, operation or maintenance of any nuclear
facility and Sun and its licensors disclaim any express or
implied warranty of fitness for such uses. (k) 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.
6. Java Compatibility and Open Source.
Software may contain Java technology. You may not create
additional classes to, or modifications of, the Java
technology, except under compatibility requirements
available under a separate agreement available at
www.java.net.
Sun supports and benefits from the global community of open
source developers, and thanks the community for its
important contributions and open standards- based
technology, which Sun has adopted into many of its products.
Please note that portions of Software may be provided with
notices and open source licenses from such communities and
third parties that govern the use of those portions, and any
licenses granted hereunder do not alter any rights and
obligations you may have under such open source licenses,
however, the disclaimer of warranty and limitation of
liability provisions in this Agreement will apply to all
Software in this distribution.
7. Term and Termination.
The license and service term are set forth in your
Entitlement(s). Your rights under this Agreement will
terminate immediately without notice from Sun if you
materially breach it or take any action in derogation of
Sun's and/or its licensors' rights to Software. Sun may
terminate this Agreement should any Software become, or in
Sun's reasonable opinion likely to become, the subject of a
claim of intellectual property infringement or trade secret
misappropriation. Upon termination, you will cease use of,
and destroy, Software and confirm compliance in writing to
Sun. Sections 1, 5, 6, 7, and 9-15 will survive termination
of the Agreement.
8. Limited Warranty.
Sun warrants to you that for a period of 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. Some states do
not allow limitations on certain implied warranties, 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.
9. 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.
10. 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.
11. Export Regulations.
All Software, documents, technical data, and any other
materials delivered under this Agreement are subject to U.S.
export control laws and may be subject to export or import
regulations in other countries. You agree to comply strictly
with these laws and regulations and acknowledge that you
have the responsibility to obtain any licenses to export,
re-export, or import as may be required after delivery to
you.
12. 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).
13. 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.
14. 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.
15. Integration.
This Agreement, including any terms contained in your
Entitlement, 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.
Please contact Sun Microsystems, Inc. 4150 Network Circle,
Santa Clara, California 95054 if you have questions.
************************************************************
LICENSE #4:
JAVA PLATFORM, MICRO EDITION SOFTWARE DEVELOPMENT KIT 3.0
Sun Microsystems, Inc. ("Sun") ENTITLEMENT for SOFTWARE
Licensee/Company: Entity receiving Software.
Effective Date: Date of delivery of the Software to You.
Software: Java Platform, Micro Edition Software Development
Kit 3.0.
License Term: Perpetual (subject to termination under the
SLA).
Licensed Unit: Software Copy.
Licensed unit Count: Unlimited.
Permitted Uses:
1. You may reproduce and use the Software for Your own
Individual, Commercial and Research and Instructional Use
only for the purposes of designing, developing, testing, and
running Your and applications.
2. 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.
3. In no event will Sun's or its licensor'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 below stated warranty fails of its essential purpose.
Sun Microsystems, Inc. ("Sun")
SOFTWARE LICENSE AGREEMENT
READ THE TERMS OF THIS AGREEMENT ("AGREEMENT") CAREFULLY
BEFORE OPENING SOFTWARE MEDIA PACKAGE. BY OPENING SOFTWARE
MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF
YOU ARE ACCESSING SOFTWARE ELECTRONICALLY, INDICATE YOUR
ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON
AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF
THE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE
OF PURCHASE FOR A REFUND OR, IF SOFTWARE IS ACCESSED
ELECTRONICALLY, SELECT THE "DECLINE" (OR "EXIT") BUTTON AT
THE END OF THIS AGREEMENT. IF YOU HAVE SEPARATELY AGREED TO
LICENSE TERMS ("MASTER TERMS") FOR YOUR LICENSE TO THIS
SOFTWARE, THEN SECTIONS 1-6 OF THIS AGREEMENT ("SUPPLEMENTAL
LICENSE TERMS") SHALL SUPPLEMENT AND SUPERSEDE THE MASTER
TERMS IN RELATION TO THIS SOFTWARE.
1. Definitions.
(a) "Entitlement" means the collective set of applicable
documents authorized by Sun evidencing your obligation to
pay associated fees (if any) for the license, associated
Services, and the authorized scope of use of Software under
this Agreement.
(b) "Licensed Unit" means the unit of measure by which
your use of Software and/or Service is licensed, as
described in your Entitlement.
(c) "Permitted Use" means the licensed Software use(s)
authorized in this Agreement as specified in your
Entitlement. The Permitted Use for any bundled Sun software
not specified in your Entitlement will be evaluation use as
provided in Section 3.
(d) "Service" means the service(s) that Sun or its
delegate will provide, if any, as selected in your
Entitlement and as further described in the applicable
service listings at www.sun.com/service/servicelist.
(e) "Software" means the Sun software described in your
Entitlement. Also, certain software may be included for
evaluation use under Section 3.
(f) "You" and "Your" means the individual or legal
entity specified in the Entitlement, or for evaluation
purposes, the entity performing the evaluation.
2. License Grant and Entitlement.
Subject to the terms of your Entitlement, Sun grants you a
nonexclusive, nontransferable limited license to use
Software for its Permitted Use for the license term. Your
Entitlement will specify (a) Software licensed, (b) the
Permitted Use, (c) the license term, and (d) the Licensed
Units.
Additionally, if your Entitlement includes Services, then it
will also specify the (e) Service and (f) service term.
If your rights to Software or Services are limited in
duration and the date such rights begin is other than the
purchase date, your Entitlement will provide that beginning
date(s).
The Entitlement may be delivered to you in various ways
depending on the manner in which you obtain Software and
Services, for example, the Entitlement may be provided in
your receipt, invoice or your contract with Sun or
authorized Sun reseller. It may also be in electronic format
if you download Software.
3. Permitted Use.
As selected in your Entitlement, one or more of the
following Permitted Uses will apply to your use of Software.
Unless you have an Entitlement that expressly permits it,
you may not use Software for any of the other Permitted
Uses. If you don't have an Entitlement, or if your
Entitlement doesn't cover additional software delivered to
you, then such software is for your Evaluation Use.
(a) Evaluation Use. You may evaluate Software internally for
a period of 90 days from your first use.
(b) Research and Instructional Use. You may use Software
internally to design, develop and test, and also to provide
instruction on such uses.
(c) Individual Use. You may use Software internally for
personal, individual use.
(d) Commercial Use. You may use Software internally for your
own commercial purposes.
(e) Service Provider Use. You may make Software
functionality accessible (but not by providing Software
itself or through outsourcing services) to your end users in
an extranet deployment, but not to your affiliated companies
or to government agencies.
4. Licensed Units.
Your Permitted Use is limited to the number of Licensed
Units stated in your Entitlement. If you require additional
Licensed Units, you will need additional Entitlement(s).
5. Restrictions.
(a) The copies of Software provided to you under this
Agreement are licensed, not sold, to you by Sun. Sun
reserves all rights not expressly granted. (b) You may make
a single archival copy of Software, but otherwise may not
copy, modify, or distribute Software. However if the Sun
documentation accompanying Software lists specific portions
of Software, such as header files, class libraries,
reference source code, and/or redistributable files, that
may be handled differently, you may do so only as provided
in the Sun documentation. (c) You may not rent, lease, lend
or encumber Software. (d) Unless enforcement is prohibited
by applicable law, you may not decompile, or reverse
engineer Software. (e) The terms and conditions of this
Agreement will apply to any Software updates, provided to
you at Sun's discretion, that replace and/or supplement the
original Software, unless such update contains a separate
license. (f) You may not publish or provide the results of
any benchmark or comparison tests run on Software to any
third party without the prior written consent of Sun. (g)
Software is confidential and copyrighted. (h) Unless
otherwise specified, if Software is delivered with embedded
or bundled software that enables functionality of Software,
you may not use such software on a stand-alone basis or use
any portion of such software to interoperate with any
program(s) other than Software. (i) Software may contain
programs that perform automated collection of system data
and/or automated software updating services. System data
collected through such programs may be used by Sun, its
subcontractors, and its service delivery partners for the
purpose of providing you with remote system services and/or
improving Sun's software and systems. (j) Software is not
designed, licensed or intended for use in the design,
construction, operation or maintenance of any nuclear
facility and Sun and its licensors disclaim any express or
implied warranty of fitness for such uses. (k) 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.
6. Java Compatibility and Open Source.
Software may contain Java technology. You may not create
additional classes to, or modifications of, the Java
technology, except under compatibility requirements
available under a separate agreement available at
www.java.net.
Sun supports and benefits from the global community of open
source developers, and thanks the community for its
important contributions and open standards-based technology,
which Sun has adopted into many of its products.
Please note that portions of Software may be provided with
notices and open source licenses from such communities and
third parties that govern the use of those portions, and any
licenses granted hereunder do not alter any rights and
obligations you may have under such open source licenses,
however, the disclaimer of warranty and limitation of
liability provisions in this Agreement will apply to all
Software in this distribution.
7. Term and Termination.
The license and service term are set forth in your
Entitlement(s). Your rights under this Agreement will
terminate immediately without notice from Sun if you
materially breach it or take any action in derogation of
Sun's and/or its licensors' rights to Software. Sun may
terminate this Agreement should any Software become, or in
Sun's reasonable opinion likely to become, the subject of a
claim of intellectual property infringement or trade secret
misappropriation. Upon termination, you will cease use of,
and destroy, Software and confirm compliance in writing to
Sun. Sections 1, 5, 6, 7, and 9-15 will survive termination
of the Agreement.
8. Limited Warranty.
Sun warrants to you that for a period of 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. Some states do
not allow limitations on certain implied warranties, 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.
9. 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.
10. 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.
11. Export Regulations.
All Software, documents, technical data, and any other
materials delivered under this Agreement are subject to U.S.
export control laws and may be subject to export or import
regulations in other countries. You agree to comply strictly
with these laws and regulations and acknowledge that you
have the responsibility to obtain any licenses to export,
re-export, or import as may be required after delivery to
you.
12. 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).
13. 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.
14. 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.
15. Integration.
This Agreement, including any terms contained in your
Entitlement, 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.
Please contact Sun Microsystems, Inc. 4150 Network Circle,
Santa Clara, California 95054 if you have questions.
************************************************************
LICENSE #5:
Sun Microsystems, Inc. ("Sun") ENTITLEMENT for SOFTWARE
Licensee/Company: Entity receiving Software.
Effective Date: Date of delivery of the Software to You.
Software: Java Card Development Kit, 3.0.2.
License Term: Perpetual (subject to termination under the SLA)
Licensed Unit: Software Copy
Licensed unit Count: Unlimited
Permitted Uses:
1. You may reproduce and use the Software for Your own
Individual, Commercial, or Research and Instructional Use
for the purposes of designing, developing, testing, and
running Your applets and application ("Programs").
2. Subject to the terms and conditions of this Agreement and
restrictions and exceptions set forth in the Software's
documentation, You may reproduce and distribute portions of
Software identified as a redistributable in the
documentation ("Redistributable"), provided that:
(a) You distribute Redistributable complete and unmodified
and only bundled as part of Your Programs,
(b) Your Programs add significant and primary functionality
to the Redistributable,
(c) You distribute Redistributable for the sole purpose of
running Your Programs,
(d) You do not distribute additional software intended to
replace any component(s) of the Redistributable,
(e) You do not remove or alter any proprietary legends or
notices contained in or on the Redistributable.
(f) You only distribute the Redistributable subject to a
license agreement that protects Sun's interests consistent
with the terms contained in this Agreement, and
(g) 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 Redistributable.
3. 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.
4. No Diagnostic, Maintenance, Repair or Technical Support
Services. The scope of Your license does not include any
right, express or implied, (i) to access, copy, distribute,
display or use the Software to provide diagnostic,
maintenance, repair or technical support services for Sun
software or Sun hardware on behalf of any third party for
Your direct or indirect commercial gain or advantage,
without Sun's prior written authorization, or (ii) for any
third party to access, copy, distribute, display or use the
Software to provide diagnostic, maintenance, repair or
technical support services for Sun software or Sun hardware
on Your behalf for such party's direct or indirect
commercial gain or advantage, without Sun's prior written
authorization. The limitations set forth in this paragraph
apply to any and all error corrections, patches, updates,
and upgrades to the Software You may receive, access,
download or otherwise obtain from Sun.
5. Records and Documentation. During the term of the SLA
and Entitlement, and for a period of three (3) years
thereafter, You agree to keep proper records and
documentation of Your compliance with the SLA and
Entitlement. Upon Sun's reasonable request, You will provide
copies of such records and documentation to Sun for the
purpose of confirming Your compliance with the terms and
conditions of the SLA and Entitlement. This section will
survive any termination of the SLA and Entitlement. You may
terminate this SLA and Entitlement at any time by destroying
all copies of the Software in which case the obligations set
forth in Section 7 of the SLA shall apply.
Sun Microsystems, Inc. ("Sun")
SOFTWARE LICENSE AGREEMENT
READ THE TERMS OF THIS AGREEMENT ("AGREEMENT") CAREFULLY
BEFORE OPENING SOFTWARE MEDIA PACKAGE. BY OPENING SOFTWARE
MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF
YOU ARE ACCESSING SOFTWARE ELECTRONICALLY, INDICATE YOUR
ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON
AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF
THE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE
OF PURCHASE FOR A REFUND OR, IF SOFTWARE IS ACCESSED
ELECTRONICALLY, SELECT THE "DECLINE" (OR "EXIT") BUTTON AT
THE END OF THIS AGREEMENT. IF YOU HAVE SEPARATELY AGREED TO
LICENSE TERMS ("MASTER TERMS") FOR YOUR LICENSE TO THIS
SOFTWARE, THEN SECTIONS 1-6 OF THIS AGREEMENT ("SUPPLEMENTAL
LICENSE TERMS") SHALL SUPPLEMENT AND SUPERSEDE THE MASTER
TERMS IN RELATION TO THIS SOFTWARE.
1. Definitions.
(a) "Entitlement" means the collective set of applicable
documents authorized by Sun evidencing your obligation to
pay associated fees (if any) for the license, associated
Services, and the authorized scope of use of Software under
this Agreement.
(b) "Licensed Unit" means the unit of measure by which
your use of Software and/or Service is licensed, as
described in your Entitlement.
(c) "Permitted Use" means the licensed Software use(s)
authorized in this Agreement as specified in your
Entitlement. The Permitted Use for any bundled Sun software
not specified in your Entitlement will be evaluation use as
provided in Section 3.
(d) "Service" means the service(s) that Sun or its
delegate will provide, if any, as selected in your
Entitlement and as further described in the applicable
service listings at www.sun.com/service/servicelist.
(e) "Software" means the Sun software described in your
Entitlement. Also, certain software may be included for
evaluation use under Section 3.
(f) "You" and "Your" means the individual or legal
entity specified in the Entitlement, or for evaluation
purposes, the entity performing the evaluation.
2. License Grant and Entitlement.
Subject to the terms of your Entitlement, Sun grants you a
nonexclusive, nontransferable limited license to use
Software for its Permitted Use for the license term. Your
Entitlement will specify (a) Software licensed, (b) the
Permitted Use, (c) the license term, and (d) the Licensed
Units.
Additionally, if your Entitlement includes Services, then it
will also specify the (e) Service and (f) service term.
If your rights to Software or Services are limited in
duration and the date such rights begin is other than the
purchase date, your Entitlement will provide that beginning
date(s).
The Entitlement may be delivered to you in various ways
depending on the manner in which you obtain Software and
Services, for example, the Entitlement may be provided in
your receipt, invoice or your contract with Sun or
authorized Sun reseller. It may also be in electronic format
if you download Software.
3. Permitted Use.
As selected in your Entitlement, one or more of the
following Permitted Uses will apply to your use of Software.
Unless you have an Entitlement that expressly permits it,
you may not use Software for any of the other Permitted
Uses. If you don't have an Entitlement, or if your
Entitlement doesn't cover additional software delivered to
you, then such software is for your Evaluation Use.
(a) Evaluation Use. You may evaluate Software internally for
a period of 90 days from your first use.
(b) Research and Instructional Use. You may use Software
internally to design, develop and test, and also to provide
instruction on such uses.
(c) Individual Use. You may use Software internally for
personal, individual use.
(d) Commercial Use. You may use Software internally for your
own commercial purposes.
(e) Service Provider Use. You may make Software
functionality accessible (but not by providing Software
itself or through outsourcing services) to your end users in
an extranet deployment, but not to your affiliated companies
or to government agencies.
4. Licensed Units.
Your Permitted Use is limited to the number of Licensed
Units stated in your Entitlement. If you require additional
Licensed Units, you will need additional Entitlement(s).
5. Restrictions.
(a) The copies of Software provided to you under this
Agreement are licensed, not sold, to you by Sun. Sun
reserves all rights not expressly granted. (b) You may make
a single archival copy of Software, but otherwise may not
copy, modify, or distribute Software. However if the Sun
documentation accompanying Software lists specific portions
of Software, such as header files, class libraries,
reference source code, and/or redistributable files, that
may be handled differently, you may do so only as provided
in the Sun documentation. (c) You may not rent, lease, lend
or encumber Software. (d) Unless enforcement is prohibited
by applicable law, you may not decompile, or reverse
engineer Software. (e) The terms and conditions of this
Agreement will apply to any Software updates, provided to
you at Sun's discretion, that replace and/or supplement the
original Software, unless such update contains a separate
license. (f) You may not publish or provide the results of
any benchmark or comparison tests run on Software to any
third party without the prior written consent of Sun. (g)
Software is confidential and copyrighted. (h) Unless
otherwise specified, if Software is delivered with embedded
or bundled software that enables functionality of Software,
you may not use such software on a stand-alone basis or use
any portion of such software to interoperate with any
program(s) other than Software. (i) Software may contain
programs that perform automated collection of system data
and/or automated software updating services. System data
collected through such programs may be used by Sun, its
subcontractors, and its service delivery partners for the
purpose of providing you with remote system services and/or
improving Sun's software and systems. (j) Software is not
designed, licensed or intended for use in the design,
construction, operation or maintenance of any nuclear
facility and Sun and its licensors disclaim any express or
implied warranty of fitness for such uses. (k) 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.
6. Java Compatibility and Open Source.
Software may contain Java technology. You may not create
additional classes to, or modifications of, the Java
technology, except under compatibility requirements
available under a separate agreement available at
www.java.net.
Sun supports and benefits from the global community of open
source developers, and thanks the community for its
important contributions and open standards-based technology,
which Sun has adopted into many of its products.
Please note that portions of Software may be provided with
notices and open source licenses from such communities and
third parties that govern the use of those portions, and any
licenses granted hereunder do not alter any rights and
obligations you may have under such open source licenses,
however, the disclaimer of warranty and limitation of
liability provisions in this Agreement will apply to all
Software in this distribution.
7. Term and Termination.
The license and service term are set forth in your
Entitlement(s). Your rights under this Agreement will
terminate immediately without notice from Sun if you
materially breach it or take any action in derogation of
Sun's and/or its licensors' rights to Software. Sun may
terminate this Agreement should any Software become, or in
Sun's reasonable opinion likely to become, the subject of a
claim of intellectual property infringement or trade secret
misappropriation. Upon termination, you will cease use of,
and destroy, Software and confirm compliance in writing to
Sun. Sections 1, 5, 6, 7, and 9-15 will survive termination
of the Agreement.
8. Limited Warranty.
Sun warrants to you that for a period of 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. Some states do
not allow limitations on certain implied warranties, 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.
9. 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.
10. 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.
11. Export Regulations.
All Software, documents, technical data, and any other
materials delivered under this Agreement are subject to U.S.
export control laws and may be subject to export or import
regulations in other countries. You agree to comply strictly
with these laws and regulations and acknowledge that you
have the responsibility to obtain any licenses to export,
re-export, or import as may be required after delivery to
you.
12. 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).
13. 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.
14. 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.
15. Integration.
This Agreement, including any terms contained in your
Entitlement, 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.
Please contact Sun Microsystems, Inc. 4150 Network Circle,
Santa Clara, California 95054 if you have questions.
************************************************************
LICENSE #6:
Oracle Corporation ("Oracle") ENTITLEMENT for SOFTWARE
Licensee/Company: Entity receiving Software.
Effective Date: Date of delivery of the Software to You.
Software: JavaFX Software Development Kit (SDK).
License Term: Perpetual (subject to termination under the SLA).
Licensed Unit: Software Copy.
Licensed Unit Count: One (1).
Permitted Uses: You may use the Software for Your own
Individual, Commercial, or Research and Instructional Use
for the purposes of designing, developing, testing, and
running Your Programs, subject to and conditioned on Your
compliance with the Additional Terms below.
Additional Terms:
1. "Programs" means applications intended to run on the
JavaFX Desktop Runtime on JavaFX-enabled General Purpose
Desktop Computers and Servers.
2. "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 the definition of General Purpose Desktop
Computers and Servers and are not licensed under this
Agreement.
3. Notwithstanding anything to the contrary in any Master
Terms between the parties or in the SLA, Master Terms do not
apply to Software under this Agreement.
4. JavaFX Technology Restrictions. You may not create,
modify, or change the behavior of classes, interfaces, or
subpackages that are in any way identified as "javafx",
"Oracle" or similar convention as specified by Oracle in any
naming convention designation.
5. Installation and Auto-Update. The Software's
installation and auto-update processes transmit a limited
amount of data to Oracle (or its service provider) about
those specific processes to help Oracle understand and
optimize them. Oracle does not associate the data with
personally identifiable information. You can find more
information about the data Oracle collects at
http://java.com/data/.
Oracle Corporation ("Oracle")
SOFTWARE LICENSE AGREEMENT
READ THE TERMS OF THIS AGREEMENT ("AGREEMENT") CAREFULLY
BEFORE OPENING SOFTWARE MEDIA PACKAGE. BY OPENING SOFTWARE
MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF
YOU ARE ACCESSING SOFTWARE ELECTRONICALLY, INDICATE YOUR
ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" (OR
EQUIVALENT) BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO
NOT AGREE TO ALL OF THE TERMS, PROMPTLY RETURN THE UNUSED
SOFTWARE TO YOUR PLACE OF PURCHASE FOR A REFUND OR, IF
SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE"
(OR "EXIT") BUTTON AT THE END OF THIS AGREEMENT. IF YOU HAVE
SEPARATELY AGREED TO LICENSE TERMS ("MASTER TERMS") FOR YOUR
LICENSE TO THIS SOFTWARE, THEN SECTIONS 1-6 OF THIS
AGREEMENT ("SUPPLEMENTAL LICENSE TERMS") SHALL SUPPLEMENT
AND SUPERSEDE THE MASTER TERMS IN RELATION TO THIS SOFTWARE.
1. Definitions.
(a) "Entitlement" means the collective set of applicable
documents authorized by Oracle evidencing your obligation to
pay associated fees (if any) for the license, associated
Services, and the authorized scope of use of Software under
this Agreement.
(b) "Licensed Unit" means the unit of measure by which
your use of Software and/or Service is licensed, as
described in your Entitlement.
(c) "Permitted Use" means the licensed Software use(s)
authorized in this Agreement as specified in your
Entitlement. The Permitted Use for any bundled Oracle
software not specified in your Entitlement will be
evaluation use as provided in Section 3.
(d) "Service" means the service(s) that Oracle or its
delegate will provide, if any, as selected in your
Entitlement and as further described in the applicable
service listings at www.oracle.com/support.
(e) "Software" means the Oracle software described in
your Entitlement. Also, certain software may be included for
evaluation use under Section 3.
(f) "You" and "Your" means the individual or legal
entity specified in the Entitlement, or for evaluation
purposes, the entity performing the evaluation.
2. License Grant and Entitlement.
Subject to the terms of your Entitlement, Oracle grants you
a nonexclusive, nontransferable limited license to use
Software for its Permitted Use for the license term. Your
Entitlement will specify (a) Software licensed, (b) the
Permitted Use, (c) the license term, and (d) the Licensed
Units.
Additionally, if your Entitlement includes Services, then it
will also specify the (e) Service and (f) service term.
If your rights to Software or Services are limited in
duration and the date such rights begin is other than the
purchase date, your Entitlement will provide that beginning
date(s).
The Entitlement may be delivered to you in various ways
depending on the manner in which you obtain Software and
Services, for example, the Entitlement may be provided in
your receipt, invoice or your contract with Oracle or
authorized Oracle reseller. It may also be in electronic
format if you download Software.
3. Permitted Use.
As selected in your Entitlement, one or more of the
following Permitted Uses will apply to your use of Software.
Unless you have an Entitlement that expressly permits it,
you may not use Software for any of the other Permitted
Uses. If you don't have an Entitlement, or if your
Entitlement doesn't cover additional software delivered to
you, then such software is for your Evaluation Use.
(a) Evaluation Use. You may evaluate Software internally for
a period of 90 days from your first use.
(b) Research and Instructional Use. You may use Software
internally to design, develop and test, and also to provide
instruction on such uses.
(c) Individual Use. You may use Software internally for
personal, individual use.
(d) Commercial Use. You may use Software internally for your
own commercial purposes.
(e) Service Provider Use. You may make Software
functionality accessible (but not by providing Software
itself or through outsourcing services) to your end users in
an extranet deployment, but not to your affiliated companies
or to government agencies.
4. Licensed Units.
Your Permitted Use is limited to the number of Licensed
Units stated in your Entitlement. If you require additional
Licensed Units, you will need additional Entitlement(s).
5. Restrictions.
(a) The copies of Software provided to you under this
Agreement are licensed, not sold, to you by Oracle. Oracle
reserves all rights not expressly granted. (b) You may make
a single archival copy of Software, but otherwise may not
copy, modify, or distribute Software. However if the Oracle
documentation accompanying Software lists specific portions
of Software, such as header files, class libraries,
reference source code, and/or redistributable files, that
may be handled differently, you may do so only as provided
in the Oracle documentation. (c) You may not rent, lease,
lend or encumber Software. (d) Unless enforcement is
prohibited by applicable law, you may not decompile, or
reverse engineer Software. (e) The terms and conditions of
this Agreement will apply to any Software updates, provided
to you at Oracle's discretion, that replace and/or
supplement the original Software, unless such update
contains a separate license. (f) You may not publish or
provide the results of any benchmark or comparison tests run
on Software to any third party without the prior written
consent of Oracle. (g) Software is confidential and
copyrighted. (h) Unless otherwise specified, if Software is
delivered with embedded or bundled software that enables
functionality of Software, you may not use such software on
a stand-alone basis or use any portion of such software to
interoperate with any program(s) other than Software. (i)
Software may contain programs that perform automated
collection of system data and/or automated software updating
services. System data collected through such programs may be
used by Oracle, its subcontractors, and its service delivery
partners for the purpose of providing you with remote system
services and/or improving Oracle's software and systems. (j)
Software is not designed, licensed or intended for use in
the design, construction, operation or maintenance of any
nuclear facility and Oracle and its licensors disclaim any
express or implied warranty of fitness for such uses. (k) No
right, title or interest in or to any trademark, service
mark, logo or trade name of Oracle or its licensors is
granted under this Agreement.
6. Java Compatibility and Open Source.
Software may contain Java technology. You may not create
additional classes to, or modifications of, the Java
technology, except under compatibility requirements
available under a separate agreement available at
www.java.net.
Oracle supports and benefits from the global community of
open source developers, and thanks the community for its
important contributions and open standards-based technology,
which Oracle has adopted into many of its products.
Please note that portions of Software may be provided with
notices and open source licenses from such communities and
third parties that govern the use of those portions, and any
licenses granted hereunder do not alter any rights and
obligations you may have under such open source licenses,
however, the disclaimer of warranty and limitation of
liability provisions in this Agreement will apply to all
Software in this distribution.
7. Term and Termination.
The license and service term are set forth in your
Entitlement(s). Your rights under this Agreement will
terminate immediately without notice from Oracle if you
materially breach it or take any action in derogation of
Oracle's and/or its licensors' rights to Software. Oracle
may terminate this Agreement should any Software become, or
in Oracle's reasonable opinion likely to become, the subject
of a claim of intellectual property infringement or trade
secret misappropriation. Upon termination, you will cease
use of, and destroy, Software and confirm compliance in
writing to Oracle. Sections 1, 5, 6, 7, and 9-15 will
survive termination of the Agreement.
8. Limited Warranty.
Oracle warrants to you that for a period of 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 Oracle's entire liability under this
limited warranty will be at Oracle's option to replace
Software media or refund the fee paid for Software. Some
states do not allow limitations on certain implied
warranties, 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.
9. 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.
10. Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL ORACLE
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 ORACLE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. In no event will
Oracle'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.
11. Export Regulations.
All Software, documents, technical data, and any other
materials delivered under this Agreement are subject to U.S.
export control laws and may be subject to export or import
regulations in other countries. You agree to comply strictly
with these laws and regulations and acknowledge that you
have the responsibility to obtain any licenses to export,
re-export, or import as may be required after delivery to
you.
12. 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).
13. 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.
14. 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.
15. Integration.
This Agreement, including any terms contained in your
Entitlement, is the entire agreement between you and Oracle
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.
Please contact Oracle Corporation, 500 Oracle Parkway,
Redwood Shores, California 94065 if you have questions.
