1 Sun Microsystems, Inc. Binary Code License Agreement
2
3 SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE SOFTWARE TO YOU
4 ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN
5 THIS BINARY CODE LICENSE AGREEMENT ("AGREEMENT"). PLEASE READ THE
6 AGREEMENT CAREFULLY. BY DOWNLOADING OR INSTALLING THIS SOFTWARE, YOU
7 ACCEPT THE FULL TERMS OF THIS AGREEMENT.
8
9 1. Definitions.
10
11 "Software" means all software provided to You in binary code form by Sun
12 under this License as indicated on the opensolaris.org website. Software
13 includes any updates or error corrections or documentation relating to
14 Software provided to You by Sun under this License as indicated on the
15 opensolaris.org website.
16
17 2. Permitted Uses.
18
19 Subject to the terms and conditions of this Agreement and restrictions and
20 exceptions set forth in the Software's documentation, Sun grants you a
21 non-exclusive, non-transferable, limited license without fees to
22
23 (a) reproduce and use internally the Software for the purposes of
24 developing or running an Open Solaris distribution.
25
26 (b) reproduce and distribute the Software (and also portions of Software
27 identified as Redistributable in the documentation accompanying Software),
28 provided that you (i) distribute the Software or Redistributables bundled
29 as part of, and for the sole purpose of running, OpenSolaris code;
30 (ii) do not remove or alter any proprietary legends or notices contained
31 in or on the Software or Redistributables, (iii) only distribute the
32 Software or Redistributables subject to a license agreement that protects
33 Sun's interests consistent with the terms contained in this Agreement,
34 and (iv) you agree to defend and indemnify Sun and its licensors from and
35 against any damages, costs, liabilities, settlement amounts and/or
36 expenses (including attorneys' fees) incurred in connection with any claim,
37 lawsuit or action by any third party that arises or results from the use
38 or distribution of any and all Programs, Software, or Redistributables.
39
40 3. Restrictions.
41
42 (a) The copies of Software provided to you under this Agreement is
43 licensed, not sold, to you by Sun. Sun reserves all rights not expressly
44 granted.
45
46 (b) You may not modify Software. However if the documentation
47 accompanying Software lists specific portions of Software, such as header
48 files, class libraries, reference source code, and/or redistributable
49 files, that may be handled differently, you may do so only as provided in
50 the documentation.
51
52 (c) You may not rent, lease, lend or encumber Software.
53
54 (d) You do not remove or alter any proprietary legends or notices
55 contained in the Software,
56
57 (e) Unless enforcement is prohibited by applicable law, you may not
58 decompile, or reverse engineer Software.
59
60 (f) The terms and conditions of this Agreement will apply to any Software
61 updates, provided to you at Sun's discretion, that replace and/or
62 supplement the original Software, unless such update contains a separate
63 license.
64
65 (g) Software is copyrighted.
66
67 (h) Software is not designed, licensed or intended for use in the design,
68 construction, operation or maintenance of any nuclear facility and Sun
69 and its licensors disclaim any express or implied warranty of fitness for
70 such uses.
71
72 (i) No right, title or interest in or to any trademark, service mark,
73 logo or trade name of Sun or its licensors is granted under this
74 Agreement.
75
76 (j) If your Permitted Use in this Agreement permits the distribution
77 Software or portions of the Software, you may only distribute the Software
78 subject to a license agreement that protects Sun's interests consistent
79 with the terms contained in this Agreement.
80
81 4. Java Compatibility and Open Source.
82
83 Software may contain Java technology. You may not create additional
84 classes to, or modifications of, the Java technology, except under
85 compatibility requirements available under a separate agreement available
86 at www.java.net.
87
88 Sun supports and benefits from the global community of open source
89 developers, and thanks the community for its important contributions and
90 open standards-based technology, which Sun has adopted into many of its
91 products.
92
93 Please note that portions of Software may be provided with notices and
94 open source licenses from such communities and third parties that govern
95 the use of those portions, and any licenses granted hereunder do not
96 alter any rights and obligations you may have under such open source
97 licenses, however, the disclaimer of warranty and limitation of
98 liability provisions in this Agreement will apply to all Software in
99 this distribution.
100
101 5. Term and Termination.
102
103 The Agreement is effective on the Date you recieve the Software and
104 remains effective until terminated. Your rights under this Agreement
105 will terminate immediately without notice from Sun if you materially
106 breach it or take any action in derogation of Sun's and/or its
107 licensors' rights to Software. Sun may terminate this Agreement should
108 any Software become, or in Sun's reasonable opinion likely to become,
109 the subject of a claim of intellectual property infringement or trade
110 secret misappropriation. Upon termination, you will cease use of, and
111 destroy, Software and confirm compliance in writing to Sun. Sections 1,
112 3, 4, 5, and 7-13 will survive termination of the Agreement.
113
114 6. Limited Warranty.
115
116 Sun warrants to you that for a period of 90 days from the date of
117 receipt, the media on which Software is furnished (if any) will be free
118 of defects in materials and workmanship under normal use. Except for
119 the foregoing, Software is provided "AS IS". Your exclusive remedy and
120 Sun's entire liability under this limited warranty will be at Sun's
121 option to replace Software media or refund the fee paid for Software.
122 Some states do not allow limitations on certain implied warranties, so
123 the above may not apply to you. This limited warranty gives you
124 specific legal rights. You may have others, which vary from state to
125 state.
126
127 7. Disclaimer of Warranty.
128
129 UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,
130 REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF
131 MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT
132 ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO
133 BE LEGALLY INVALID.
134
135 8. Limitation of Liability.
136
137 TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS
138 LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL,
139 INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED
140 REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE
141 USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE
142 POSSIBILITY OF SUCH DAMAGES. In no event will Sun's liability to you,
143 whether in contract, tort (including negligence), or otherwise, exceed
144 the amount paid by you for Software under this Agreement. The foregoing
145 limitations will apply even if the above stated warranty fails of its
146 essential purpose. Some states do not allow the exclusion of incidental
147 or consequential damages, so some of the terms above may not be
148 applicable to you.
149
150 9. Export Regulations.
151
152 All Software, documents, technical data, and any other materials
153 delivered under this Agreement are subject to U.S. export control laws
154 and may be subject to export or import regulations in other countries.
155 You agree to comply strictly with these laws and regulations and
156 acknowledge that you have the responsibility to obtain any licenses to
157 export, re-export, or import as may be required after delivery to you.
158
159 10. U.S. Government Restricted Rights.
160
161 If Software is being acquired by or on behalf of the U.S. Government or
162 by a U.S. Government prime contractor or subcontractor (at any tier),
163 then the Government's rights in Software and accompanying documentation
164 will be only as set forth in this Agreement; this is in accordance with
165 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD)
166 acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
167
168 11. Governing Law.
169
170 Any action related to this Agreement will be governed by California law
171 and controlling U.S. federal law. No choice of law rules of any
172 jurisdiction will apply.
173
174 12. Severability.
175
176 If any provision of this Agreement is held to be unenforceable, this
177 Agreement will remain in effect with the provision omitted, unless
178 omission would frustrate the intent of the parties, in which case this
179 Agreement will immediately terminate.
180
181 13. Integration.
182
183 This Agreement is the entire agreement between you and Sun relating to
184 its subject matter. It supersedes all prior or contemporaneous oral or
185 written communications, proposals, representations and warranties and
186 prevails over any conflicting or additional terms of any quote, order,
187 acknowledgment, or other communication between the parties relating to
188 its subject matter during the term of this Agreement. No modification
189 of this Agreement will be binding, unless in writing and signed by an
190 authorized representative of each party.