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JavaTM Media Framework (JMF) 2.1.x
Binary Code License Agreement
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 OF THE 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 Microsystems, Inc. ("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 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 C.F.R. 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.
JavaTM Media Framework (JMF) 2.1.x
Supplemental License Terms
These supplemental license terms ("Supplemental Terms") add
to or modify the terms of the Binary Code License Agreement
(collectively, the "Agreement"). Capitalized terms not
defined in these Supplemental Terms shall have the same
meanings ascribed to them in the Agreement. These
Supplemental Terms shall supersede any inconsistent or
conflicting terms in the Agreement, or in any license
contained within the Software.
1. Software Internal Use and Development License
Grant. Subject to the terms and conditions of this
Agreement, including, but not limited to Section 3 (Java
Technology Restrictions) of these Supplemental Terms, Sun
grants you a non-exclusive, non-transferable, limited
license to reproduce internally and use internally the
binary form of the Software, complete and unmodified, for
the sole purpose of designing, developing and testing your
Java applets and applications ("Programs").
2. License to Distribute Software. In addition to the
license granted in Section 1 (Software Internal Use and
Development License Grant) of these Supplemental Terms,
subject to the terms and conditions of this Agreement,
including but not limited to, Section 3 (Java Technology
Restrictions) of these Supplemental Terms, Sun grants you a
non-exclusive, non-transferable, limited license to
reproduce and distribute the Software in binary code form
only, provided that you: (i) distribute the Software
complete and unmodified, except that you may omit those
files specifically identified as"optional" in the Software
"README" file, which include samples, documents, and bin
files, or that are removable by using the Software
customizer tool provided, only as part of and for the sole
purpose of running your Program into which the Software is
incorporated; (ii) do not distribute additional software
intended to replace any components of the Software; (iii) do
not remove or alter any proprietary legends or notices
contained in the Software; (iv) only distribute the Software
subject to a license agreement that protects Sun's interests
consistent with the terms contained in this Agreement; and
(v) agree to defend and indemnify Sun and its licensors from
and against any damages, costs, liabilities, settlement
amounts or expenses, including attorneys' fees, incurred in
connection with