EXHIBIT 10.7
Sun Microsystems, Inc.
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 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 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, reverse engineer Software. Software is not designed or
licensed for use in on-line control of aircraft, air traffic, aircraft
navigation or aircraft communications; or in the design, construction, operation
or maintenance of any nuclear facility. You warrant that you will not use
Software for these purposes. 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. No right, title or interest in or to any
trademark, service xxxx, 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. Use, duplication, or disclosure by the
U.S. Government is subject to restrictions set forth in this Agreement and as
provided in DFARS 227.7202-1 (a) and 227.7202-3(a) (1995), DFARS 252.227-7013
(c)(1)(ii)(Oct 1988), FAR 12.212 (a) (1995), FAR 52.227-19 (June 1987), or FAR
52.227-14(ALT III) (June 1987), as applicable.
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.
For inquiries please contact: Sun Microsystems, Inc. 000 Xxx Xxxxxxx Xxxx, Xxxx
Xxxx, Xxxxxxxxxx 00000
JAVA(TM) RUNTIME ENVIRONMENT VERSION 1.1.8_003
SUPPLEMENTAL LICENSE TERMS
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These supplemental terms ("Supplement") add to the terms of the Binary Code
License Agreement (collectively the "Agreement"). Capitalized terms not defined
herein shall have the same meanings ascribed to them in the Agreement. The
Supplement terms shall supersede any inconsistent or conflicting terms in the
Agreement, either above or contained within the Software.
1. License to Distribute. You are granted a royalty-free right to reproduce
and distribute the Software provided that you: (i)distribute the Software
complete and unmodified, provided that the Software is distributed with your
Java applet or application ("Program"); (ii) do not distribute additional
software intended to replace any component(s) of the Software; (iii) do not
remove or alter the Agreement, any proprietary legends or notices contained in
the Software; (iv) only distribute the Software subject to this Agreement; (v)
may not create, or authorize your licensees to create additional classes,
interfaces, or subpackages that are contained in the "java" or "sun" packages or
similar as specified by Sun in any class file naming convention; (vi) agree to
indemnify, hold harmless, and defend Sun and its licensors from and against any
claims or lawsuits, including attorneys' fees, that arise or result from the use
or distribution of the Program.
2. Trademarks and Logos. You acknowledge as between you and Sun that Sun owns
the Java trademark and all Java-related trademarks, logos and icons including
the Coffee Cup and Duke ("Java Marks") and agrees to comply with the Java
Trademark Guidelines at xxxx://xxxx.xxx.xxx/xxxxxxxxxx.xxxx.
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