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1998-08-31
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Java(tm) Runtime Environment
Version 1.1.3
Binary Code License
This binary code license ("License") contains rights and restrictions
associated with use of the accompanying Java Runtime Environment
software and documentation ("Software"). Read the License carefully
before using the Software. By using the Software you agree to the terms
and conditions of this License.
1. License to Distribute. Licensee is granted a royalty-free right
to reproduce and distribute the Software provided that Licensee: (i)
distributes the Software complete and unmodified (except for the
specific files identified as optional in the Software README file),
only as part of, and for the sole purpose of running, Licensee's Java
compatible applet or application ("Program") into which the Software is
incorporated; (ii) does not distribute additional software intended to
replace any component(s) of the Software; (iii) agrees to incorporate
the most current version of the Software that was available 180 days
prior to each production release of the Program; (iv) does not remove
or alter any proprietary legends or notices contained in the Software;
(v) includes the provisions of Sections 2, 3, 5, 6, 8 and 9 in
Licensee's license agreement for the Program; and (vi) agrees 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. Java Platform Interface. Licensee 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 Licensee
creates any Java-related API and distributes such API to others for
applet or application development, Licensee must promptly publish
broadly, an accurate specification for such API for free use by all
developers of Java-based software.
3. Restrictions. Software is confidential copyrighted information
of Sun and title to all copies is retained by Sun and/or its licensors.
Licensee shall not decompile, disassemble, decrypt, extract, or
otherwise reverse engineer Software. Software may not be leased,
assigned, or sublicensed, in whole or in part, except as specifically
authorized in Section 1. Software is not designed or intended for use
in online control of aircraft, air traffic, aircraft navigation or
aircraft communications; or in the design, construction, operation or
maintenance of any nuclear facility. Licensee warrants that it will
not use or redistribute the Software for such purposes.
4. Trademarks and Logos.This License does not authorize Licensee
to use any Sun name, trademark or logo. Licensee acknowledges 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: (i) comply with the Java Trademark Guidelines at
http://java.sun.com/trademarks.html; (ii) not do anything harmful to
or inconsistent with Sun's rights in the Java Marks; and (iii) assist
Sun in protecting those rights, including assigning to Sun any rights
acquired by Licensee in any Java Mark.
5. Disclaimer of Warranty. Software is provided "AS IS," without a
warranty of any kind. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND
WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT,
ARE HEREBY EXCLUDED.
6. Limitation of Liability. SUN AND ITS LICENSORS
SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE
OR ANY THIRD PARTY AS A RESULT OF USING OR DISTRIBUTING
SOFTWARE. IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE
FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT,
INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE
DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF
LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE
SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
7. Termination. This license shall automatically terminate 180
days after production release of the next version of the Software by
Sun. Licensee may terminate this License at any time by destroying
all copies of Software. This License will terminate immediately without
notice from Sun if Licensee fails to comply with any provision of this
License. Upon such termination, Licensee must destroy all copies of
Software.
8. Export Regulations. Software, including technical data, is
subject to U.S. export control laws, including the U.S. Export
Administration Act and its associated regulations, and may be subject
to export or import regulations in other countries. Licensee agrees to
comply strictly with all such regulations and acknowledges that it
has the responsibility to obtain licenses to export, re-export, or
import Software. Software may not be downloaded, or otherwise exported
or re-exported (i) into, or to a national or resident of, Cuba, Iraq,
Iran, North Korea, Libya, Sudan, Syria or any country to which the U.S.
has embargoed goods; or (ii) to anyone on the U.S. Treasury
Department's list of Specially Designated Nations or the U.S. Commerce
Department's Table of Denial Orders.
9. Restricted Rights. Use, duplication or disclosure by the United
States government is subject to the restrictions as set forth in the
Rights in Technical Data and Computer Software Clauses in DFARS
252.227-7013(c) (1) (ii) and FAR 52.227-19(c) (2) as applicable.
10. Governing Law. Any action related to this License will be
governed by California law and controlling U.S. federal law. No choice
of law rules of any jurisdiction will apply.
11. Severability. If any of the above provisions are held to be in
violation of applicable law, void, or unenforceable in any
jurisdiction, then such provisions are herewith waived or amended to
the extent necessary for the License to be otherwise enforceable in
such jurisdiction. However, if in Sun's opinion deletion or amendment
of any provisions of the License by operation of this paragraph
unreasonably compromises the rights or increase the liabilities of Sun
or its licensors, Sun reserves the right to terminate the License.