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Binary License for Project OpenDMK

Sun Microsystems, Inc. Binary Code License Agreement

SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE SOFTWARE TO YOU
ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS
BINARY CODE LICENSE AGREEMENT ("AGREEMENT"). PLEASE READ THE AGREEMENT
CAREFULLY. BY DOWNLOADING OR INSTALLING THIS SOFTWARE, YOU ACCEPT THE FULL
TERMS OF THIS AGREEMENT.

1. Definitions.

"Software" means all software provided to You in binary code form by Sun
under this License as indicated on the "opendmk.dev.java.net" website.
Software includes any updates or error corrections or documentation relating
to Software provided to You by Sun under this License as indicated on
the "opendmk.dev.java.net" website.

2. Permitted Uses.

Subject to the terms and conditions of this Agreement and restrictions
and exceptions set forth in the Software's documentation, Sun grants you
a non-exclusive,non-transferable, limited license without fees to

(a) reproduce and use internally the Software for the purposes of
    developing or running a Project OpenDMK code distribution.

(b) reproduce and distribute the Software (and also portions of Software
    identified as Redistributable in the documentation accompanying
    Software), provided that you (i) distribute the Software or
    Redistributables bundled as part of, and for the sole purpose of
    running, Project OpenDMK code; (ii) do not remove or alter any proprietary
    legends or notices contained in or on the Software or Redistributables,
    (iii) only distribute the Software or Redistributables subject to a
    license agreement that protects Sun's interests consistent with the
    terms contained in this Agreement, and (iv) 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, Software, or Redistributables.

3. Restrictions.

(a) The copies of Software provided to you under this Agreement is licensed,
    not sold, to you by Sun. Sun reserves all rights not expressly granted.

(b) You may not modify Software. However if the documentation accompanying
    Software lists specific portions of Software, such as header files, class
    libraries, reference source code, and/or redistributable files, that may
    be handled differently, you may do so only as provided in the
    documentation.

(c) You may not rent, lease, lend or encumber Software.

(d) You do not remove or alter any proprietary legends or notices contained
    in the Software,

(e) Unless enforcement is prohibited by applicable law, you may not decompile,
    or reverse engineer Software.

(f) The terms and conditions of this Agreement will apply to any Software
    updates, provided to you at Sun's discretion, that replace and/or
    supplement the original Software, unless such update contains a separate
    license.

(g) Software is copyrighted.

(h) Software is not designed, licensed or intended for use in the design,
    construction, operation or maintenance of any nuclear facility and Sun
    and its licensors disclaim any express or implied warranty of fitness
    for such uses.

(i) 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.

(j) If your Permitted Use in this Agreement permits the distribution Software
    or portions of the Software, you may only distribute the Software subject
    to a license agreement that protects Sun's interests consistent with the
    terms contained in this Agreement.

4. Open Source.

Sun supports and benefits from the global community of open source developers,
and thanks the community for its important contributions and open
standards-based technology, which Sun has adopted into many of its products.

Please note that portions of Software may be provided with notices and open
source licenses from such communities and third parties that govern the use
of those portions, and any licenses granted hereunder do not alter any rights
and obligations you may have under such open source licenses, however, the
disclaimer of warranty and limitation of liability provisions in this
Agreement will apply to all Software in this distribution.

5. Term and Termination.

The Agreement is effective on the Date you receive the Software and remains
effective until terminated. Your rights under this Agreement will terminate
immediately without notice from Sun if you materially breach it or take any
action in derogation of Sun's and/or its licensors' rights to Software. Sun
may terminate this Agreement should any Software become, or in Sun's
reasonable opinion likely to become, the subject of a claim of intellectual
property infringement or trade secret misappropriation. Upon termination,
you will cease use of, and destroy, Software and confirm compliance in
writing to Sun. Sections 1, 3, 4, 5, and 7-13 will survive termination of
the Agreement.

6. Limited Warranty.

Sun warrants to you that for a period of 90 days from the date of 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. Some states do not allow
limitations on certain implied warranties, so the above may not apply to you.
This limited warranty gives you specific legal rights. You may have others,
which vary from state to state.

7. 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.

8. 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
Software under this Agreement. The foregoing limitations will apply even if
the above stated warranty fails of its essential purpose. Some states do not
allow the exclusion of incidental or consequential damages, so some of the
terms above may not be applicable to you.

9. Export Regulations.

All Software, documents, technical data, and any other materials delivered
under this Agreement are subject to U.S. export control laws and may be
subject to export or import regulations in other countries. You agree to
comply strictly with these laws and regulations and acknowledge that you
have the responsibility to obtain any licenses to export, re-export, or
import as may be required after delivery to you.

10. 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).

11. 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.

12. 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.

13. 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.

Page Last Modified: 14 August 2007


      
 
 
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