1Sun Microsystems, Inc. Binary Code License Agreement 2#ident "%Z%%M% %I% %E% SMI" 3 4SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE SOFTWARE TO YOU 5ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN 6THIS BINARY CODE LICENSE AGREEMENT ("AGREEMENT"). PLEASE READ THE 7AGREEMENT CAREFULLY. BY DOWNLOADING OR INSTALLING THIS SOFTWARE, YOU 8ACCEPT THE FULL TERMS OF THIS AGREEMENT. 9 101. Definitions. 11 12"Software" means all software provided to You in binary code form by Sun 13under this License as indicated on the opensolaris.org website. Software 14includes any updates or error corrections or documentation relating to 15Software provided to You by Sun under this License as indicated on the 16opensolaris.org website. 17 182. Permitted Uses. 19 20Subject to the terms and conditions of this Agreement and restrictions and 21exceptions set forth in the Software's documentation, Sun grants you a 22non-exclusive, non-transferable, limited license without fees to 23 24(a) reproduce and use internally the Software for the purposes of 25developing or running an Open Solaris distribution. 26 27(b) reproduce and distribute the Software (and also portions of Software 28identified as Redistributable in the documentation accompanying Software), 29provided that you (i) distribute the Software or Redistributables bundled 30as part of, and for the sole purpose of running, an OpenSolaris code; 31(ii) do not remove or alter any proprietary legends or notices contained 32in or on the Software or Redistributables, (iii) only distribute the 33Software or Redistributables subject to a license agreement that protects 34Sun's interests consistent with the terms contained in this Agreement, 35and (iv) you agree to defend and indemnify Sun and its licensors from and 36against any damages, costs, liabilities, settlement amounts and/or 37expenses (including attorneys' fees) incurred in connection with any claim, 38lawsuit or action by any third party that arises or results from the use 39or distribution of any and all Programs, Software, or Redistributables. 40 413. Restrictions. 42 43(a) The copies of Software provided to you under this Agreement is 44licensed, not sold, to you by Sun. Sun reserves all rights not expressly 45granted. 46 47(b) You may not modify Software. However if the documentation 48accompanying Software lists specific portions of Software, such as header 49files, class libraries, reference source code, and/or redistributable 50files, that may be handled differently, you may do so only as provided in 51the documentation. 52 53(c) You may not rent, lease, lend or encumber Software. 54 55(d) You do not remove or alter any proprietary legends or notices 56contained in the Software, 57 58(e) Unless enforcement is prohibited by applicable law, you may not 59decompile, or reverse engineer Software. 60 61(f) The terms and conditions of this Agreement will apply to any Software 62updates, provided to you at Sun's discretion, that replace and/or 63supplement the original Software, unless such update contains a separate 64license. 65 66(g) Software is copyrighted. 67 68(h) Software is not designed, licensed or intended for use in the design, 69construction, operation or maintenance of any nuclear facility and Sun 70and its licensors disclaim any express or implied warranty of fitness for 71such uses. 72 73(i) No right, title or interest in or to any trademark, service mark, 74logo or trade name of Sun or its licensors is granted under this 75Agreement. 76 774. Java Compatibility and Open Source. 78 79Software may contain Java technology. You may not create additional 80classes to, or modifications of, the Java technology, except under 81compatibility requirements available under a separate agreement available 82at www.java.net. 83 84Sun supports and benefits from the global community of open source 85developers, and thanks the community for its important contributions and 86open standards-based technology, which Sun has adopted into many of its 87products. 88 89Please note that portions of Software may be provided with notices and 90open source licenses from such communities and third parties that govern 91the use of those portions, and any licenses granted hereunder do not 92alter any rights and obligations you may have under such open source 93licenses, however, the disclaimer of warranty and limitation of 94liability provisions in this Agreement will apply to all Software in 95this distribution. 96 975. Term and Termination. 98 99The Agreement is effective on the Date you recieve the Software and 100remains effective until terminated. Your rights under this Agreement 101will terminate immediately without notice from Sun if you materially 102breach it or take any action in derogation of Sun's and/or its 103licensors' rights to Software. Sun may terminate this Agreement should 104any Software become, or in Sun's reasonable opinion likely to become, 105the subject of a claim of intellectual property infringement or trade 106secret misappropriation. Upon termination, you will cease use of, and 107destroy, Software and confirm compliance in writing to Sun. Sections 1, 1083, 4, 5, and 7-13 will survive termination of the Agreement. 109 1106. Limited Warranty. 111 112Sun warrants to you that for a period of 90 days from the date of 113receipt, the media on which Software is furnished (if any) will be free 114of defects in materials and workmanship under normal use. Except for 115the foregoing, Software is provided "AS IS". Your exclusive remedy and 116Sun's entire liability under this limited warranty will be at Sun's 117option to replace Software media or refund the fee paid for Software. 118Some states do not allow limitations on certain implied warranties, so 119the above may not apply to you. This limited warranty gives you 120specific legal rights. You may have others, which vary from state to 121state. 122 1237. Disclaimer of Warranty. 124 125UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, 126REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF 127MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT 128ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO 129BE LEGALLY INVALID. 130 1318. Limitation of Liability. 132 133TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS 134LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, 135INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED 136REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE 137USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE 138POSSIBILITY OF SUCH DAMAGES. In no event will Sun's liability to you, 139whether in contract, tort (including negligence), or otherwise, exceed 140the amount paid by you for Software under this Agreement. The foregoing 141limitations will apply even if the above stated warranty fails of its 142essential purpose. Some states do not allow the exclusion of incidental 143or consequential damages, so some of the terms above may not be 144applicable to you. 145 1469. Export Regulations. 147 148All Software, documents, technical data, and any other materials 149delivered under this Agreement are subject to U.S. export control laws 150and may be subject to export or import regulations in other countries. 151You agree to comply strictly with these laws and regulations and 152acknowledge that you have the responsibility to obtain any licenses to 153export, re-export, or import as may be required after delivery to you. 154 15510. U.S. Government Restricted Rights. 156 157If Software is being acquired by or on behalf of the U.S. Government or 158by a U.S. Government prime contractor or subcontractor (at any tier), 159then the Government's rights in Software and accompanying documentation 160will be only as set forth in this Agreement; this is in accordance with 16148 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) 162acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions). 163 16411. Governing Law. 165 166Any action related to this Agreement will be governed by California law 167and controlling U.S. federal law. No choice of law rules of any 168jurisdiction will apply. 169 17012. Severability. 171 172If any provision of this Agreement is held to be unenforceable, this 173Agreement will remain in effect with the provision omitted, unless 174omission would frustrate the intent of the parties, in which case this 175Agreement will immediately terminate. 176 17713. Integration. 178 179This Agreement is the entire agreement between you and Sun relating to 180its subject matter. It supersedes all prior or contemporaneous oral or 181written communications, proposals, representations and warranties and 182prevails over any conflicting or additional terms of any quote, order, 183acknowledgment, or other communication between the parties relating to 184its subject matter during the term of this Agreement. No modification 185of this Agreement will be binding, unless in writing and signed by an 186authorized representative of each party. 187