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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)
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