path: root/licenses/sun-bcla-dsml

                      Pre-Release
          Binary Software Evaluation Agreement

   SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO
   LICENSE THE DSML VERSION 2.0 SERVICE PROVIDER
   PRE-RELEASE SOFTWARE TO LICENSEE  ONLY UPON THE
   CONDITION THAT LICENSEE ACCEPTS ALL OF THE TERMS
   CONTAINED IN THIS LICENSE AGREEMENT
   ("AGREEMENT").  PLEASE READ THE TERMS AND
   CONDITIONS OF THIS AGREEMENT CAREFULLY.  BY
   DOWNLOADING OR INSTALLING THIS SOFTWARE, LICENSEE
   ACCEPTS THE TERMS AND CONDITIONS OF THIS LICENSE
   AGREEMENT. INDICATE ACCEPTANCE BY SELECTING THE
   "ACCEPT" BUTTON AT THE BOTTOM OF THIS AGREEMENT.
   IF LICENSEE IS NOT WILLING TO BE BOUND BY ALL THE
   TERMS, SELECT THE "DECLINE" BUTTON AT THE BOTTOM
   OF THE AGREEMENT AND THE DOWNLOAD OR INSTALL
   PROCESS WILL NOT CONTINUE.

   1.0 DEFINITIONS
   "Licensed Software" means the DSML Version 2.0
   Service Provider Pre-release Software in binary
   form, any other machine readable materials
   (including, but not limited to, libraries, source
   files, header files, and data files) and any user
   manuals, programming guides and other
   documentation provided to Licensee by Sun under
   this Agreement.

   2.0 LIMITED LICENSE
   Sun  grants to Licensee, a non-exclusive, non-
   transferable, royalty-free and limited license to
   use Licensed Software internally for the purposes
   of evaluation only.  No license is granted to
   Licensee for any other purpose.  Licensee may not
   sell, rent, loan or otherwise encumber or transfer
   Licensed Software in whole or in part, to any
   third party.

   3.0 LICENSE RESTRICTIONS
   3.1 Licensee may not duplicate Licensed Software
   other than for a single copy of Licensed Software
   for archival purposes only.  Licensee agrees to
   reproduce any copyright and other proprietary
   right notices on any such copy.
   3.2 Except as otherwise provided by law, Licensee
   may not modify or create derivative works of the
   Licensed Software, or reverse engineer,
   disassemble or decompile binary portions of the
   Licensed Software, or otherwise attempt to derive
   the source code from such portions.
   3.3 No right, title, or interest in or to Licensed
   Software, any trademarks, service marks, or trade
   names of Sun or Sun's licensors is granted under
   this Agreement.
   3.4 Licensee shall have no right to use the
   Licensed Software for productive or commercial
   use.

   4.0 NO SUPPORT
   Sun  is under no obligation to support Licensed
   Software or to provide Licensee with updates or
   error corrections (collectively "Software
   Updates"). If Sun, at its sole option, supplies
   Software Updates to Licensee, the Software Updates
   will be considered part of Licensed Software, and
   subject to the terms of this Agreement.

   5.0 LICENSEE DUTIES
   Licensee agrees to evaluate and test the Licensed
   Software for use with Licensee's products and to
   provide feedback to Sun's email address:
   [1]jndi@java.sun.com.  Sun shall treat any oral or
   written feedback or results of Licensee's testing
   of the Licensed Software which Licensee provides
   to Sun as Sun's Confidential Information (defined
   in Section 7 below).

   6.0 TERM AND TERMINATION OF AGREEMENT
   6.1 This Agreement will commence on the date on
   which Licensee receives Licensed Software (the
   "Effective Date") and will expire ninety (90) days
   from the Effective Date, unless terminated earlier
   as provided below.
   6.2 Either party may terminate this Agreement upon
   ten (10) days written notice to the other party.
   However, Sun may terminate this Agreement
   immediately should any Licensed Software become,
   or in Sun's opinion be likely to become, the
   subject of a claim of infringement of a patent,
   trade secret or copyright.
   6.3 Sun may terminate this Agreement immediately
   should Licensee materially breach any of its
   provisions or take any action in derogation of
   Sun's rights to the Confidential Information
   licensed to Licensee.
   6.4 Upon termination or expiration of this
   Agreement, Licensee will immediately cease use of
   and destroy Licensed Software and any copies
   thereof and provide Sun  a written statement
   certifying that Licensee has complied with the
   foregoing obligations.
   6.5 Rights and obligations under this Agreement
   which by their nature should survive, will remain
   in effect after termination or expiration hereof.

   7.0 CONFIDENTIAL INFORMATION
   7.1 For purposes of this Agreement, "Confidential
   Information" means:  (i) business and technical
   information and any source code or binary code
   which Sun discloses to Licensee related to
   Licensed Software; and (ii) the terms, conditions,
   and existence of this Agreement.  Licensee may not
   disclose Confidential Information or use it except
   for the purposes specified in this Agreement.
   Licensee will protect the confidentiality of
   Confidential Information to the same degree of
   care, but no less than reasonable care, as
   Licensee uses to protect its own Confidential
   Information.  Licensee's obligations regarding
   Confidential Information will expire no less than
   five (5) years from the date of receipt of the
   Confidential Information, except for Sun source
   code which will be protected in perpetuity.
   Licensee agrees that Licensed Software contains
   trade secrets of Sun.
   7.2 Notwithstanding any provisions contained in
   this Agreement concerning nondisclosure and
   non-use of the Confidential Information, the
   nondisclosure obligations of Section 7.1 will not
   apply to any portion of Confidential Information
   that a Licensee can demonstrate in writing is:
   (i) now, or hereafter through no act or failure to
   act on the part of Licensee becomes, generally
   known to the general public; (ii) known to
   Licensee at the time of receiving the Confidential
   Information without an obligation of
   confidentiality; (iii) hereafter rightfully
   furnished to Licensee by a third party without
   restriction on disclosure; or (iv) independently
   developed by Licensee without any use of the
   Confidential Information.
   7.3 Licensee must restrict access to Confidential
   Information to its employees or contractors with a
   need for this access to perform their employment
   or contractual obligations and who have agreed in
   writing to be bound by a confidentiality
   obligation which incorporates the protections and
   restrictions substantially as set forth in this
   Agreement.

   8.0 DISCLAIMER OF WARRANTY
   8.1 Licensee acknowledges that Licensed Software
   may contain errors and is not designed or intended
   for use in the design, construction, operation or
   maintenance of any nuclear facility ("High Risk
   Activities").  Sun disclaims any express or
   implied warranty of fitness for such uses.
   Licensee represents and warrants to Sun that it
   will not use, distribute or license the Licensed
   Software for High Risk Activities.
   8.2 LICENSED SOFTWARE IS PROVIDED "AS IS".  ALL
   EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS,
   AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF
   MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR
   A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE
   DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH
   DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

   9.0 LIMITATION OF LIABILITY
   9.1 Licensee acknowledges that the Licensed
   Software is experimental.  Licensee acknowledges
   that the Licensed Software may have defects or
   deficiencies which cannot or will not be corrected
   by Sun.  Licensee will hold Sun harmless from any
   claims based on Licensee's use of the Licensed
   Software for any purposes other than those of
   internal evaluation, and from any claims that
   later versions or releases of any Licensed
   Software furnished to Licensee are incompatible
   with the Licensed Software provided to Licensee
   under this Agreement.
   9.2 Licensee shall have the sole responsibility to
   protect adequately and backup Licensee's data
   and/or equipment used in connection with the
   Licensed Software. Licensee shall not claim
   against Sun for lost data, re-run time, inaccurate
   output, work delays or lost profits resulting from
   Licensee' use of the Licensed Software.
   9.3 Licensee acknowledges that Sun is under no
   obligation to release the Licensed Software as a
   product of Sun.
   9.4 To the extent not prohibited by law, in no
   event will Sun be liable for any indirect,
   punitive, special, incidental or consequential
   damage in connection with or arising out of this
   Agreement (including loss of business, revenue,
   profits, use, data or other economic advantage),
   however it arises, whether for breach or in tort,
   even if the other party has been previously
   advised of the possibility of such damage.

   10.0 U.S. GOVERNMENT RIGHTS
   If this 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 the Software and
   accompanying documentation shall be only as set
   forth in this license; this is in accordance with
   48 C.F.R. 227.7201 through 227.7202-4 (for
   Department of Defense (DoD) acquisitions) and with
   48 C.F.R. 2.101 and 12.212 (for non-DoD
   acquisitions).

   11.0 GENERAL TERMS
   11.1 Any action related to this Agreement will be
   governed by California law and controlling U.S.
   federal law.  The U.N.  Convention for the
   International Sale of Goods and the choice of law
   rules of any jurisdiction will not apply.
   11.2 Licensed Software and technical data
   delivered under this Agreement are subject to
   U.S.  export control laws and may be subject to
   export or import regulations in other countries.
   Licensee agrees to comply strictly with all such
   laws and regulations and acknowledges that it has
   the responsibility to obtain such licenses to
   export, re-export or import as may be required
   after delivery to Licensee.
   11.3 It is understood and agreed that,
   notwithstanding any other provision of this
   Agreement, Licensee's breach of the provisions of
   Section 7 of this Agreement will cause Sun
   irreparable damage for which recovery of money
   damages would be inadequate, and that Sun will
   therefore be entitled to seek timely injunctive
   relief to protect Sun's rights under this
   Agreement in addition to any and all remedies
   available at law.
   11.4 Neither party may assign or otherwise
   transfer any of its rights or obligations under
   this Agreement, without the prior written consent
   of the other party, except that Sun may assign
   this Agreement to an affiliated company.
   11.5 This Agreement is the parties' entire
   agreement relating to its subject matter.  It
   supersedes all prior or contemporaneous oral or
   written communications, proposals, conditions,
   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 to this Agreement will be binding,
   unless in writing and signed by an authorized
   representative of each party.
   (LFI#107702/Form ID#011801)

References

   1. mailto:jndi@java.sun.com