1Sun Microsystems, Inc. Binary Code License Agreement 2 3SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE SOFTWARE TO YOU 4ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN 5THIS BINARY CODE LICENSE AGREEMENT ("AGREEMENT"). PLEASE READ THE 6AGREEMENT CAREFULLY. BY DOWNLOADING OR INSTALLING THIS SOFTWARE, YOU 7ACCEPT THE FULL TERMS OF THIS AGREEMENT. 8 91. Definitions. 10 11"Software" means all software provided to You in binary code form by Sun 12under this License as indicated on the opensolaris.org website. Software 13includes any updates or error corrections or documentation relating to 14Software provided to You by Sun under this License as indicated on the 15opensolaris.org website. 16 172. Permitted Uses. 18 19Subject to the terms and conditions of this Agreement and restrictions and 20exceptions set forth in the Software's documentation, Sun grants you a 21non-exclusive, non-transferable, limited license without fees to 22 23(a) reproduce and use internally the Software for the purposes of 24developing or running an Open Solaris distribution. 25 26(b) reproduce and distribute the Software (and also portions of Software 27identified as Redistributable in the documentation accompanying Software), 28provided that you (i) distribute the Software or Redistributables bundled 29as part of, and for the sole purpose of running, OpenSolaris code; 30(ii) do not remove or alter any proprietary legends or notices contained 31in or on the Software or Redistributables, (iii) only distribute the 32Software or Redistributables subject to a license agreement that protects 33Sun's interests consistent with the terms contained in this Agreement, 34and (iv) you agree to defend and indemnify Sun and its licensors from and 35against any damages, costs, liabilities, settlement amounts and/or 36expenses (including attorneys' fees) incurred in connection with any claim, 37lawsuit or action by any third party that arises or results from the use 38or distribution of any and all Programs, Software, or Redistributables. 39 403. Restrictions. 41 42(a) The copies of Software provided to you under this Agreement is 43licensed, not sold, to you by Sun. Sun reserves all rights not expressly 44granted. 45 46(b) You may not modify Software. However if the documentation 47accompanying Software lists specific portions of Software, such as header 48files, class libraries, reference source code, and/or redistributable 49files, that may be handled differently, you may do so only as provided in 50the documentation. 51 52(c) You may not rent, lease, lend or encumber Software. 53 54(d) You do not remove or alter any proprietary legends or notices 55contained in the Software, 56 57(e) Unless enforcement is prohibited by applicable law, you may not 58decompile, or reverse engineer Software. 59 60(f) The terms and conditions of this Agreement will apply to any Software 61updates, provided to you at Sun's discretion, that replace and/or 62supplement the original Software, unless such update contains a separate 63license. 64 65(g) Software is copyrighted. 66 67(h) Software is not designed, licensed or intended for use in the design, 68construction, operation or maintenance of any nuclear facility and Sun 69and its licensors disclaim any express or implied warranty of fitness for 70such uses. 71 72(i) No right, title or interest in or to any trademark, service mark, 73logo or trade name of Sun or its licensors is granted under this 74Agreement. 75 76(j) If your Permitted Use in this Agreement permits the distribution 77Software or portions of the Software, you may only distribute the Software 78subject to a license agreement that protects Sun's interests consistent 79with the terms contained in this Agreement. 80 814. Java Compatibility and Open Source. 82 83Software may contain Java technology. You may not create additional 84classes to, or modifications of, the Java technology, except under 85compatibility requirements available under a separate agreement available 86at www.java.net. 87 88Sun supports and benefits from the global community of open source 89developers, and thanks the community for its important contributions and 90open standards-based technology, which Sun has adopted into many of its 91products. 92 93Please note that portions of Software may be provided with notices and 94open source licenses from such communities and third parties that govern 95the use of those portions, and any licenses granted hereunder do not 96alter any rights and obligations you may have under such open source 97licenses, however, the disclaimer of warranty and limitation of 98liability provisions in this Agreement will apply to all Software in 99this distribution. 100 1015. Term and Termination. 102 103The Agreement is effective on the Date you recieve the Software and 104remains effective until terminated. Your rights under this Agreement 105will terminate immediately without notice from Sun if you materially 106breach it or take any action in derogation of Sun's and/or its 107licensors' rights to Software. Sun may terminate this Agreement should 108any Software become, or in Sun's reasonable opinion likely to become, 109the subject of a claim of intellectual property infringement or trade 110secret misappropriation. Upon termination, you will cease use of, and 111destroy, Software and confirm compliance in writing to Sun. Sections 1, 1123, 4, 5, and 7-13 will survive termination of the Agreement. 113 1146. Limited Warranty. 115 116Sun warrants to you that for a period of 90 days from the date of 117receipt, the media on which Software is furnished (if any) will be free 118of defects in materials and workmanship under normal use. Except for 119the foregoing, Software is provided "AS IS". Your exclusive remedy and 120Sun's entire liability under this limited warranty will be at Sun's 121option to replace Software media or refund the fee paid for Software. 122Some states do not allow limitations on certain implied warranties, so 123the above may not apply to you. This limited warranty gives you 124specific legal rights. You may have others, which vary from state to 125state. 126 1277. Disclaimer of Warranty. 128 129UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, 130REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF 131MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT 132ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO 133BE LEGALLY INVALID. 134 1358. Limitation of Liability. 136 137TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS 138LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, 139INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED 140REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE 141USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE 142POSSIBILITY OF SUCH DAMAGES. In no event will Sun's liability to you, 143whether in contract, tort (including negligence), or otherwise, exceed 144the amount paid by you for Software under this Agreement. The foregoing 145limitations will apply even if the above stated warranty fails of its 146essential purpose. Some states do not allow the exclusion of incidental 147or consequential damages, so some of the terms above may not be 148applicable to you. 149 1509. Export Regulations. 151 152All Software, documents, technical data, and any other materials 153delivered under this Agreement are subject to U.S. export control laws 154and may be subject to export or import regulations in other countries. 155You agree to comply strictly with these laws and regulations and 156acknowledge that you have the responsibility to obtain any licenses to 157export, re-export, or import as may be required after delivery to you. 158 15910. U.S. Government Restricted Rights. 160 161If Software is being acquired by or on behalf of the U.S. Government or 162by a U.S. Government prime contractor or subcontractor (at any tier), 163then the Government's rights in Software and accompanying documentation 164will be only as set forth in this Agreement; this is in accordance with 16548 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) 166acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions). 167 16811. Governing Law. 169 170Any action related to this Agreement will be governed by California law 171and controlling U.S. federal law. No choice of law rules of any 172jurisdiction will apply. 173 17412. Severability. 175 176If any provision of this Agreement is held to be unenforceable, this 177Agreement will remain in effect with the provision omitted, unless 178omission would frustrate the intent of the parties, in which case this 179Agreement will immediately terminate. 180 18113. Integration. 182 183This Agreement is the entire agreement between you and Sun relating to 184its subject matter. It supersedes all prior or contemporaneous oral or 185written communications, proposals, representations and warranties and 186prevails over any conflicting or additional terms of any quote, order, 187acknowledgment, or other communication between the parties relating to 188its subject matter during the term of this Agreement. No modification 189of this Agreement will be binding, unless in writing and signed by an 190authorized representative of each party. 191