xref: /titanic_52/usr/src/tools/opensolaris/BINARYLICENSE.txt (revision c7158ae983f5a04c4a998f468ecefba6d23ba721)
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, 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
77(j) If your Permitted Use in this Agreement permits the distribution
78Software or portions of the Software, you may only distribute the Software
79subject to a license agreement that protects Sun's interests consistent
80with the terms contained in this Agreement.
81
824. Java Compatibility and Open Source.
83
84Software may contain Java technology.  You may not create additional
85classes to, or modifications of, the Java technology, except under
86compatibility requirements available under a separate agreement available
87at www.java.net.
88
89Sun supports and benefits from the global community of open source
90developers, and thanks the community for its important contributions and
91open standards-based technology, which Sun has adopted into many of its
92products.
93
94Please note that portions of Software may be provided with notices and
95open source licenses from such communities and third parties that govern
96the use of those portions, and any licenses granted hereunder do not
97alter any rights and obligations you may have under such open source
98licenses, however, the disclaimer of warranty and limitation of
99liability provisions in this Agreement will apply to all Software in
100this distribution.
101
1025. Term and Termination.
103
104The Agreement is effective on the Date you recieve the Software and
105remains effective until terminated.  Your rights under this Agreement
106will terminate immediately without notice from Sun if you materially
107breach it or take any action in derogation of Sun's and/or its
108licensors' rights to Software.  Sun may terminate this Agreement should
109any Software become, or in Sun's reasonable opinion likely to become,
110the subject of a claim of intellectual property infringement or trade
111secret misappropriation.  Upon termination, you will cease use of, and
112destroy, Software and confirm compliance in writing to Sun.  Sections 1,
1133, 4, 5, and 7-13 will survive termination of the Agreement.
114
1156. Limited Warranty.
116
117Sun warrants to you that for a period of 90 days from the date of
118receipt, the media on which Software is furnished (if any) will be free
119of defects in materials and workmanship under normal use.  Except for
120the foregoing, Software is provided "AS IS".  Your exclusive remedy and
121Sun's entire liability under this limited warranty will be at Sun's
122option to replace Software media or refund the fee paid for Software.
123Some states do not allow limitations on certain implied warranties, so
124the above may not apply to you.  This limited warranty gives you
125specific legal rights.  You may have others, which vary from state to
126state.
127
1287. Disclaimer of Warranty.
129
130UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,
131REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF
132MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT
133ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO
134BE LEGALLY INVALID.
135
1368. Limitation of Liability.
137
138TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS
139LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL,
140INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED
141REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE
142USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE
143POSSIBILITY OF SUCH DAMAGES.  In no event will Sun's liability to you,
144whether in contract, tort (including negligence), or otherwise, exceed
145the amount paid by you for Software under this Agreement.  The foregoing
146limitations will apply even if the above stated warranty fails of its
147essential purpose.  Some states do not allow the exclusion of incidental
148or consequential damages, so some of the terms above may not be
149applicable to you.
150
1519. Export Regulations.
152
153All Software, documents, technical data, and any other materials
154delivered under this Agreement are subject to U.S. export control laws
155and may be subject to export or import regulations in other countries.
156You agree to comply strictly with these laws and regulations and
157acknowledge that you have the responsibility to obtain any licenses to
158export, re-export, or import as may be required after delivery to you.
159
16010. U.S. Government Restricted Rights.
161
162If Software is being acquired by or on behalf of the U.S. Government or
163by a U.S. Government prime contractor or subcontractor (at any tier),
164then the Government's rights in Software and accompanying documentation
165will be only as set forth in this Agreement; this is in accordance with
16648 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD)
167acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
168
16911. Governing Law.
170
171Any action related to this Agreement will be governed by California law
172and controlling U.S. federal law.  No choice of law rules of any
173jurisdiction will apply.
174
17512. Severability.
176
177If any provision of this Agreement is held to be unenforceable, this
178Agreement will remain in effect with the provision omitted, unless
179omission would frustrate the intent of the parties, in which case this
180Agreement will immediately terminate.
181
18213. Integration.
183
184This Agreement is the entire agreement between you and Sun relating to
185its subject matter.  It supersedes all prior or contemporaneous oral or
186written communications, proposals, representations and warranties and
187prevails over any conflicting or additional terms of any quote, order,
188acknowledgment, or other communication between the parties relating to
189its subject matter during the term of this Agreement.  No modification
190of this Agreement will be binding, unless in writing and signed by an
191authorized representative of each party.
192