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authorTodd Berman <tberman@gentoo.org>2003-06-02 02:40:01 +0000
committerTodd Berman <tberman@gentoo.org>2003-06-02 02:40:01 +0000
commitcbfe00a4aeb02455dd1b3d40712aa0827248e302 (patch)
tree53e19e283a1dadcfa211e6eab78a34dc540dbc98
parentVersion bump because eclasses changed (diff)
downloadgentoo-2-cbfe00a4aeb02455dd1b3d40712aa0827248e302.tar.gz
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added license for sun one studio
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+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, 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.
+
+SUNTM ONE STUDIO 4 UPDATE 1, COMMUNITY EDITION
+
+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 4 (Java 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 applets and
+applications ("Programs"). To the extent that you are
+designing, developing and testing Java applets and
+applications for a particular version of the Java platform,
+any executable output generated by a compiler that is
+contained in the Software must (a) only be compiled from
+source code that conforms to the corresponding version of
+the OEM Java Language Specification; (b) be in the class
+file format defined by the corresponding version of the OEM
+Java Virtual Machine Specification; and (c) execute properly
+on a reference runtime, as specified by Sun, associated with
+such version of the Java platform.
+
+2. License to Distribute Software. Subject to the terms
+and conditions of this Agreement, including, but not limited
+to Section 4 (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 (i) you distribute the Software complete and
+unmodified, (ii) you do not distribute additional software
+intended to replace any component(s) of the Software, (iii)
+if you are distributing Java applets and applications for a
+particular version of the Java platform, any executable
+output generated by a compiler that is contained in the
+Software must (a) only be compiled from source code that
+conforms to the corresponding version of the OEM Java
+Language Specification; (b) be in the class file format
+defined by the corresponding version of the OEM Java Virtual
+Machine Specification; and (c) execute properly on a
+reference runtime, as specified by Sun, associated with such
+version of the Java platform, (iv) you do not remove or
+alter any proprietary legends or notices contained in the
+Software, (v) you only distribute the Software subject to a
+license agreement that protects Sun's interests consistent
+with the terms contained in this Agreement, and (vi) you
+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. License to Distribute Redistributables. Subject to the
+terms and conditions of this Agreement, including but not
+limited to Section 4 (Java Technology Restrictions) of these
+Supplemental Terms, Sun grants you a non-exclusive,
+non-transferable, limited license to reproduce and
+distribute the binary form of those files specifically
+identified as redistributable in the Software "RELEASE
+NOTES" file ("Redistributables") provided that: (i) you
+distribute the Redistributables complete and unmodified
+(unless otherwise specified in the applicable RELEASE NOTES
+file), and only bundled as part of Programs, (ii) you do not
+distribute additional software intended to supersede any
+component(s) of the Redistributables, (iii) you do not
+remove or alter any proprietary legends or notices contained
+in or on the Redistributables, (iv) if you are distributing
+Java applets and applications for a particular version of
+the Java platform, any executable output generated by a
+compiler that is contained in the Software must (a) only be
+compiled from source code that conforms to the corresponding
+version of the OEM Java Language Specification; (b) be in
+the class file format defined by the corresponding version
+of the OEM Java Virtual Machine Specification; and (c)
+execute properly on a reference runtime, as specified by
+Sun, associated with such version of the Java platform, (v)
+you only distribute the Redistributables pursuant to a
+license agreement that protects Sun's interests consistent
+with the terms contained in the Agreement, and (v) you 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.
+
+4. 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.
+
+5. 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.
+
+6. Distribution by Publishers. This section pertains to
+your distribution of the Software with your printed book or
+magazine (as those terms are commonly used in the industry)
+relating to Java technology ("Publication"). Subject to and
+conditioned upon your compliance with the restrictions and
+obligations contained in the Agreement, in addition to the
+license granted in Paragraph 1 above, Sun hereby grants to
+you a non-exclusive, nontransferable limited right to
+reproduce complete and unmodified copies of the Software on
+electronic media (the "Media") for the sole purpose of
+inclusion and distribution with your Publication(s), subject
+to the following terms: (i) you may not distribute the
+Software on a stand-alone basis; it must be distributed with
+your Publication(s); (ii) you are responsible for
+downloading the Software from the applicable Sun web site;
+(iii) you must refer to the Software as Sun ONE Studio 4,
+Community Edition; (iv) the Software must be reproduced in
+its entirety and without any modification whatsoever
+(including, without limitation, the Binary Code License and
+Supplemental License Terms accompanying the Software and
+proprietary rights notices contained in the Software); (v)
+the Media label shall include the following information:
+Copyright 2002, Sun Microsystems, Inc., 4150 Network Circle,
+Santa Clara, CA 95054. Java and SUN One and all trademarks
+and logos based on Java and SUN One are trademarks or
+registered trademarks of Sun Microsystems, Inc. in the U.S.
+and other countries. This information must be placed on the
+Media label in such a manner as to only apply to the Sun
+Software; (vi) you must clearly identify the Software as
+Sun's product on the Media holder or Media label, and you
+may not state or imply that Sun is responsible for any
+third-party software contained on the Media; (vii) you may
+not include any third party software on the Media which is
+intended to be a replacement or substitute for the Software
+or which directly competes with the Software; (viii) you
+shall indemnify Sun for all damages arising from your
+failure to comply with the requirements of this Agreement.
+In addition, you shall defend, at your expense, any and all
+claims brought against Sun by third parties, and shall pay
+all damages awarded by a court of competent jurisdiction, or
+such settlement amount negotiated by you, arising out of or
+in connection with your use, reproduction or distribution of
+the Software and/or the Publication. Your obligation to
+provide indemnification under this section shall arise
+provided that Sun: (i) provides you prompt notice of the
+claim; (ii) gives you sole control of the defense and
+settlement of the claim; (iii) provides you, at your
+expense, with all available information, assistance and
+authority to defend; and (iv) has not compromised or settled
+such claim without your prior written consent; (ix) you
+shall provide Sun with a written notice for each
+Publication; such notice shall include the following
+information: (1) title of Publication, (2) author(s), (3)
+date of Publication, and (4) ISBN or ISSN numbers. Such
+notice shall be sent to Sun Microsystems, Inc., 4150 Network
+Circle, M/S USCA12-110, Palo Alto, CA 94303-4900, Attention:
+Contracts Administration; and (x) you shall provide Sun with
+quarterly written reports regarding the number of copies of
+the Software distributed during the prior quarter; such
+reports shall be sent to Sun Microsystems, Inc., 4150
+Network Circle, Santa Clara, CA, 95054, Attn.: Sun ONE
+Studio Product Management Group, M/S UOAK01.
+
+7. Trademarks and Logos. You acknowledge and agree as
+between you and Sun that Sun owns the SUN, SOLARIS, JAVA,
+JINI, FORTE, and iPLANET trademarks and all SUN, SOLARIS,
+JAVA, JINI, FORTE, 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.
+
+8. 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.
+
+9. 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.
+
+For inquiries please contact: Sun Microsystems, Inc.
+4150 Network Circle, Santa Clara, California 95054.
+(LFI#117241/Form ID#011801)