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diff --git a/release-info/BINARY-CODE-LICENSE.txt b/release-info/BINARY-CODE-LICENSE.txt new file mode 100644 index 0000000..2d19b8b --- /dev/null +++ b/release-info/BINARY-CODE-LICENSE.txt @@ -0,0 +1,196 @@ + Sun Microsystems, Inc. + Binary Code License Agreement + JAVA 3D[TM] API, VERSION 1.3.1, FCS RELEASE + +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 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, 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. + + DEVELOPMENT TOOLS + JAVA 3D[TM], VERSION 1.3.1, FCS RELEASE + 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[TM]; 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 intended to +run on the Java platform ("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 and only bundled as +part of your Programs, + +(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 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 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 Software. + +3. Java Technology Restrictions. You may not modify the Java Platform +Interface ("JPI", identified as classes contained within the "java" +package or any subpackages of the "java" package), by creating +additional classes within the JPI or otherwise causing the addition to +or modification of the classes in the JPI. In the event that you create +an additional class and associated API(s) which + +(i) extends the functionality of the Java platform, and + +(ii) is exposed to third party software developers for the purpose of +developing additional software which invokes such additional API, you +must promptly publish broadly an accurate specification for such API for +free use by all developers. You may not create, or authorize your +licensees to create, additional 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. Java Runtime Availability. Refer to the appropriate version of the +Java Runtime Environment binary code license (currently located at +http://www.java.sun.com/jdk/index.html) for the availability of runtime +code which may be distributed with Java applets and applications. + +5. Trademarks and Logos. You acknowledge and agree as between you and +Sun that Sun owns the SUN, SOLARIS, JAVA, JAVA 3D, JINI, FORTE, +STAROFFICE, STARPORTAL and iPLANET trademarks and all SUN, SOLARIS, +JAVA, JAVA 3D, JINI, FORTE, STAROFFICE, STARPORTAL and iPLANET-related +trademarks, service marks, logos and other brand designations ("Sun +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 Sun +Marks inures to Sun's benefit. + +6. Source Code. Software may contain source code that is provided solely +for reference purposes pursuant to the terms of this Agreement. Source +code may not be redistributed unless expressly provided for in this +Agreement. + +7. Termination for Infringement. Either party may terminate this +Agreement immediately should any Software become, or in either party's +opinion be likely to become, the subject of a claim of infringement of +any intellectual property right. + +Note: Some portions of Software are provided with notices and/or +licenses from other parties that govern the use of those portions, +including the README file named README-LICENSE. + +For inquiries please contact: Sun Microsystems, Inc. 4150 Network +Circle, Santa Clara, California 95054. +(Form ID#011801) + |