819-0764-10
Title Page
Sun Microsystems, Inc.
4150 Network Circle
Santa Clara, CA 95054
USA
Part No. 819-0764-10,
January 2005, Rev. A
Software License Agreement
819-0764-10
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819-0764-10
TOC
Software License Agreement
Software-Lizenzvertrag
Contrato de Licencia de Software
Contrat de Licence de Logiciel
Contratto di Licenza Software
Licensavtal för programvara
819-0764-10
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819-0764-10
(1)
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” (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 EQUIVALENT) 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.
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