1The code in this package is subject to and you are bound by the terms of 2the OpenSolaris Binary License (below); except that, if you are receiving 3this package as part of Solaris, the code is subject to and you are bound 4by the applicable Sun Microsystems, Inc. Software License Agreement or 5Technology Evaluation License. If the OpenSolaris Binary License applies, 6then the code is "Redistributable" subject to its terms. 7 8-------------------------------------------------------------------- 9 10Sun Microsystems, Inc. Binary Code License Agreement 11 12SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE SOFTWARE TO YOU 13ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN 14THIS BINARY CODE LICENSE AGREEMENT ("AGREEMENT"). PLEASE READ THE 15AGREEMENT CAREFULLY. BY DOWNLOADING OR INSTALLING THIS SOFTWARE, YOU 16ACCEPT THE FULL TERMS OF THIS AGREEMENT. 17 181. Definitions. 19 20"Software" means all software provided to You in binary code form by Sun 21under this License as indicated on the opensolaris.org website. Software 22includes any updates or error corrections or documentation relating to 23Software provided to You by Sun under this License as indicated on the 24opensolaris.org website. 25 262. Permitted Uses. 27 28Subject to the terms and conditions of this Agreement and restrictions and 29exceptions set forth in the Software's documentation, Sun grants you a 30non-exclusive, non-transferable, limited license without fees to 31 32(a) reproduce and use internally the Software for the purposes of 33developing or running an Open Solaris distribution. 34 35(b) reproduce and distribute the Software (and also portions of Software 36identified as Redistributable in the documentation accompanying Software), 37provided that you (i) distribute the Software or Redistributables bundled 38as part of, and for the sole purpose of running, OpenSolaris code; 39(ii) do not remove or alter any proprietary legends or notices contained 40in or on the Software or Redistributables, (iii) only distribute the 41Software or Redistributables subject to a license agreement that protects 42Sun's interests consistent with the terms contained in this Agreement, 43and (iv) you agree to defend and indemnify Sun and its licensors from and 44against any damages, costs, liabilities, settlement amounts and/or 45expenses (including attorneys' fees) incurred in connection with any claim, 46lawsuit or action by any third party that arises or results from the use 47or distribution of any and all Programs, Software, or Redistributables. 48 493. Restrictions. 50 51(a) The copies of Software provided to you under this Agreement is 52licensed, not sold, to you by Sun. Sun reserves all rights not expressly 53granted. 54 55(b) You may not modify Software. However if the documentation 56accompanying Software lists specific portions of Software, such as header 57files, class libraries, reference source code, and/or redistributable 58files, that may be handled differently, you may do so only as provided in 59the documentation. 60 61(c) You may not rent, lease, lend or encumber Software. 62 63(d) You do not remove or alter any proprietary legends or notices 64contained in the Software, 65 66(e) Unless enforcement is prohibited by applicable law, you may not 67decompile, or reverse engineer Software. 68 69(f) The terms and conditions of this Agreement will apply to any Software 70updates, provided to you at Sun's discretion, that replace and/or 71supplement the original Software, unless such update contains a separate 72license. 73 74(g) Software is copyrighted. 75 76(h) Software is not designed, licensed or intended for use in the design, 77construction, operation or maintenance of any nuclear facility and Sun 78and its licensors disclaim any express or implied warranty of fitness for 79such uses. 80 81(i) No right, title or interest in or to any trademark, service mark, 82logo or trade name of Sun or its licensors is granted under this 83Agreement. 84 85(j) If your Permitted Use in this Agreement permits the distribution 86Software or portions of the Software, you may only distribute the Software 87subject to a license agreement that protects Sun's interests consistent 88with the terms contained in this Agreement. 89 904. Java Compatibility and Open Source. 91 92Software may contain Java technology. You may not create additional 93classes to, or modifications of, the Java technology, except under 94compatibility requirements available under a separate agreement available 95at www.java.net. 96 97Sun supports and benefits from the global community of open source 98developers, and thanks the community for its important contributions and 99open standards-based technology, which Sun has adopted into many of its 100products. 101 102Please note that portions of Software may be provided with notices and 103open source licenses from such communities and third parties that govern 104the use of those portions, and any licenses granted hereunder do not 105alter any rights and obligations you may have under such open source 106licenses, however, the disclaimer of warranty and limitation of 107liability provisions in this Agreement will apply to all Software in 108this distribution. 109 1105. Term and Termination. 111 112The Agreement is effective on the Date you recieve the Software and 113remains effective until terminated. Your rights under this Agreement 114will terminate immediately without notice from Sun if you materially 115breach it or take any action in derogation of Sun's and/or its 116licensors' rights to Software. Sun may terminate this Agreement should 117any Software become, or in Sun's reasonable opinion likely to become, 118the subject of a claim of intellectual property infringement or trade 119secret misappropriation. Upon termination, you will cease use of, and 120destroy, Software and confirm compliance in writing to Sun. Sections 1, 1213, 4, 5, and 7-13 will survive termination of the Agreement. 122 1236. Limited Warranty. 124 125Sun warrants to you that for a period of 90 days from the date of 126receipt, the media on which Software is furnished (if any) will be free 127of defects in materials and workmanship under normal use. Except for 128the foregoing, Software is provided "AS IS". Your exclusive remedy and 129Sun's entire liability under this limited warranty will be at Sun's 130option to replace Software media or refund the fee paid for Software. 131Some states do not allow limitations on certain implied warranties, so 132the above may not apply to you. This limited warranty gives you 133specific legal rights. You may have others, which vary from state to 134state. 135 1367. Disclaimer of Warranty. 137 138UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, 139REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF 140MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT 141ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO 142BE LEGALLY INVALID. 143 1448. Limitation of Liability. 145 146TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS 147LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, 148INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED 149REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE 150USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE 151POSSIBILITY OF SUCH DAMAGES. In no event will Sun's liability to you, 152whether in contract, tort (including negligence), or otherwise, exceed 153the amount paid by you for Software under this Agreement. The foregoing 154limitations will apply even if the above stated warranty fails of its 155essential purpose. Some states do not allow the exclusion of incidental 156or consequential damages, so some of the terms above may not be 157applicable to you. 158 1599. Export Regulations. 160 161All Software, documents, technical data, and any other materials 162delivered under this Agreement are subject to U.S. export control laws 163and may be subject to export or import regulations in other countries. 164You agree to comply strictly with these laws and regulations and 165acknowledge that you have the responsibility to obtain any licenses to 166export, re-export, or import as may be required after delivery to you. 167 16810. U.S. Government Restricted Rights. 169 170If Software is being acquired by or on behalf of the U.S. Government or 171by a U.S. Government prime contractor or subcontractor (at any tier), 172then the Government's rights in Software and accompanying documentation 173will be only as set forth in this Agreement; this is in accordance with 17448 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) 175acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions). 176 17711. Governing Law. 178 179Any action related to this Agreement will be governed by California law 180and controlling U.S. federal law. No choice of law rules of any 181jurisdiction will apply. 182 18312. Severability. 184 185If any provision of this Agreement is held to be unenforceable, this 186Agreement will remain in effect with the provision omitted, unless 187omission would frustrate the intent of the parties, in which case this 188Agreement will immediately terminate. 189 19013. Integration. 191 192This Agreement is the entire agreement between you and Sun relating to 193its subject matter. It supersedes all prior or contemporaneous oral or 194written communications, proposals, representations and warranties and 195prevails over any conflicting or additional terms of any quote, order, 196acknowledgment, or other communication between the parties relating to 197its subject matter during the term of this Agreement. No modification 198of this Agreement will be binding, unless in writing and signed by an 199authorized representative of each party. 200