READ THE TERMS OF THIS AGREEMENT
AND ANY PROVIDED SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT")
CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA PACKAGE. BY OPENING THE SOFTWARE
MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING
THE 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 THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE
OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED ELECTRONICALLY,
SELECT THE "DECLINE" BUTTON AT THE END OF THIS AGREEMENT.
1. LICENSE TO USE. Sun
grants you a non-exclusive and non-transferable license for the internal
use only of the accompanying software and documentation and any error corrections
provided by Sun (collectively "Software"), by the number of users and the
class of computer hardware for which the corresponding fee has been paid.
2. RESTRICTIONS Software
is confidential and copyrighted. Title to Software and all associated intellectual
property rights is retained by Sun and/or its licensors. Except as specifically
authorized in any Supplemental License Terms, you may not make copies of
Software, other than a single copy of Software for archival purposes. Unless
enforcement is prohibited by applicable law, you may not modify, decompile,
or reverse engineer Software. You acknowledge that Software is not designed,
licensed or intended for use in the design, construction, operation or
maintenance of any nuclear facility. Sun disclaims any express or implied
warranty of fitness for such uses. 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.
3. LIMITED WARRANTY.
Sun warrants to you that for a period of ninety (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.
4. 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.
5. 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.
6. Termination. This
Agreement is effective until terminated. You may terminate this Agreement
at any time by destroying all copies of Software. This Agreement will terminate
immediately without notice from Sun if you fail to comply with any provision
of this Agreement. Upon Termination, you must destroy all copies of Software.
7. Export Regulations.
All Software and technical data delivered under this Agreement are subject
to US export control laws and may be subject to export or import regulations
in other countries. You agree to comply strictly with all such laws and
regulations and acknowledge that you have the responsibility to obtain
such licenses to export, re-export, or import as may be required after
delivery to you.
8. 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).
9. 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.
10. 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.
11. Integration. This
Agreement 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.
For inquiries please contact:
Sun Microsystems, Inc. 901 San Antonio Road, Palo Alto, California 94303
SERVLET.JAR FOR JAVA SERVLET API SPECIFICATION VERSION
2.2
SUPPLEMENTAL LICENSE TERMS
These supplemental license
terms ("Supplement") add to or modify the terms of the Binary Code License
Agreement (collectively, the "Agreement"). Capitalized terms not defined
in this Supplement shall have the same meanings ascribed to them in the
Agreement. These Supplement terms shall supersede any inconsistent or conflicting
terms in the Agreement, or in any license contained within the Software.
1.
License to Develop. Subject to the terms and conditions of this Agreement,
including but not limited to the terms and conditions contained in this
Supplement, Sun grants you a non-exclusive, non-transferable, limited license
to reproduce and use internally the binary form of the Softwarefor
the purpose of designing, developing and testing your JavaTM
applets and applications intended to run on a compatible Java platform(the "Program(s)").
2. License to Distribute.
Sun grants you a non-exclusive, non-transferable, limited license to reproduce
and distribute the binary code form of the Software to third party end
users, through multiple tiers of distribution, provided that you: (i) distribute
the Software complete and unmodified in its original Java Archive file,
and only bundled as a part of your Program that incorporates the Software; (ii)
do not distribute additional software intended to replace any component(s)
of the Software; (iii) do not remove or alter any proprietary legends or
notices contained in or on the Software; (iv) only distribute the Program
pursuant to a license agreement that protects Sun's interest consistent
with the terms contained in the Agreement and provided that Sun is a third
party beneficiary to such license agreement; (v) do not create, or authorize
your licensees to create, additional classes, interfaces, or subpackages
that are contained in the "java", "javax" or "sun" packages or similar
packages as specified by Sun in any naming convention; and (vi) 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.
3. Trademarks and Logos.
You acknowledge and agree as between you and Sun that Sun owns the Java
trademark and all Java-related trademarks, service marks, logos and other
brand designations including the Coffee Cup logo and Duke logo ("Java Marks"),
and you agree to comply with the Sun Trademark and Logo Usage Requirements
currently located at http://www.sun.com/policies/trademarks. Any use you
make of the Java Marks inures to Sun's benefit.