ACC SHELL
Sun Microsystems, Inc. Binary Code License Agreement
for the JAVA 2 PLATFORM STANDARD EDITION RUNTIME
ENVIRONMENT 5.0
SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE
THE SOFTWARE IDENTIFIED BELOW TO YOU ONLY UPON THE
CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN
THIS BINARY CODE LICENSE AGREEMENT AND SUPPLEMENTAL
LICENSE TERMS (COLLECTIVELY "AGREEMENT"). PLEASE READ
THE AGREEMENT CAREFULLY. BY DOWNLOADING OR INSTALLING
THIS SOFTWARE, YOU ACCEPT THE TERMS OF THE AGREEMENT.
INDICATE ACCEPTANCE BY SELECTING THE "ACCEPT" BUTTON AT
THE BOTTOM OF THE AGREEMENT. IF YOU ARE 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. DEFINITIONS. "Software" means the identified above
in binary form, any other machine readable materials
(including, but not limited to, libraries, source
files, header files, and data files), any updates or
error corrections provided by Sun, and any user
manuals, programming guides and other documentation
provided to you by Sun under this Agreement.
"Programs" mean Java applets and applications intended
to run on the Java 2 Platform Standard Edition (J2SE
platform) platform on Java-enabled general purpose
desktop computers and servers.
2. LICENSE TO USE. Subject to the terms and
conditions of this Agreement, including, but not
limited to the Java Technology Restrictions of the
Supplemental License Terms, Sun grants you a
non-exclusive, non-transferable, limited license
without license fees to reproduce and use internally
Software complete and unmodified for the sole purpose
of running Programs. Additional licenses for
developers and/or publishers are granted in the
Supplemental License Terms.
3. RESTRICTIONS. Software is confidential and
copyrighted. Title to Software and all associated
intellectual property rights is retained by Sun and/or
its licensors. Unless enforcement is prohibited by
applicable law, you may not modify, decompile, or
reverse engineer Software. You acknowledge that
Licensed Software is not designed or intended for use
in the design, construction, operation or maintenance
of any nuclear facility. Sun Microsystems, Inc.
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.
Additional restrictions for developers and/or
publishers licenses are set forth in the Supplemental
License Terms.
4. 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. Any implied warranties on the Software are
limited to 90 days. Some states do not allow
limitations on duration of an implied warranty, 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.
5. 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.
6. 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. Some states do not allow the
exclusion of incidental or consequential damages, so
some of the terms above may not be applicable to you.
7. 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. 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. Upon Termination, you must destroy all copies
of Software.
8. 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.
9. 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.
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.
SUPPLEMENTAL LICENSE TERMS These Supplemental License
Terms add to or modify the terms of the Binary Code
License Agreement. Capitalized terms not defined in
these Supplemental Terms shall have the same meanings
ascribed to them in the Binary Code License Agreement .
These Supplemental Terms shall supersede any
inconsistent or conflicting terms in the Binary Code
License Agreement, or in any license contained within
the Software.
A. Software Internal Use and Development License
Grant. Subject to the terms and conditions of this
Agreement and restrictions and exceptions set forth in
the Software "README" file, including, but not limited
to the Java Technology Restrictions of these
Supplemental Terms, Sun grants you a non-exclusive,
non-transferable, limited license without fees to
reproduce internally and use internally the Software
complete and unmodified for the purpose of designing,
developing, and testing your Programs.
B. License to Distribute Software. Subject to the
terms and conditions of this Agreement and restrictions
and exceptions set forth in the Software README file,
including, but not limited to the Java Technology
Restrictions of these Supplemental Terms, Sun grants
you a non-exclusive, non-transferable, limited license
without fees to reproduce and distribute the Software,
provided that (i) you distribute the Software complete
and unmodified and only bundled as part of, and for the
sole purpose of running, your Programs, (ii) the
Programs add significant and primary functionality to
the Software, (iii) you do not distribute additional
software intended to replace any component(s) of the
Software, (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.
C. Java Technology Restrictions. You may not create,
modify, or change the behavior of, or authorize your
licensees to create, modify, or change the behavior of,
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.
D. Source Code. Software may contain source code
that, unless expressly licensed for other purposes, 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.
E. Third Party Code. Additional copyright notices and
license terms applicable to portions of the Software
are set forth in the THIRDPARTYLICENSEREADME.txt file.
In addition to any terms and conditions of any third
party opensource/freeware license identified in the
THIRDPARTYLICENSEREADME.txt file, the disclaimer of
warranty and limitation of liability provisions in
paragraphs 5 and 6 of the Binary Code License Agreement
shall apply to all Software in this distribution.
F. 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,
U.S.A. (LFI#143333/Form ID#011801)
ACC SHELL 2018