A. Sun Microsystems, Inc. ("Sun") ENTITLEMENT for SOFTWARE
Licensee/Company: Entity receiving Software.
Effective Date: Date of delivery of the Software to You.
Software: JavaBeans Activation Framework 1.1.
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 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.
B. 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 1-5 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 u