Sun/Oracle - Binary Code License

    Here is sample text of the Sun Binary Code License Agreement commonly used with older Java downloads.

     

    Sun Microsystems, Inc.
    
    Binary Code License Agreement
    
    READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED
    SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY
    "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE
    MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA
    PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT.
    IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY,
    INDICATE YOUR ACCEPTANCE OF THESE TERMS BY
    SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS
    AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE TERMS,
    PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE
    OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS
    ACCESSED ELECTRONICALLY, SELECT THE "DECLINE"
    BUTTON AT THE END OF THIS AGREEMENT.
    
    
    
    1. LICENSE TO USE. Sun grants you a non-exclusive
    and non-transferable license for the internal use
    only of the accompanying software and
    documentation and any error corrections provided
    by Sun (collectively "Software"), by the number of
    users and the class of computer hardware for which
    the corresponding fee has been paid.
    
    
    
    2. RESTRICTIONS Software is confidential and
    copyrighted. Title to Software and all associated
    intellectual property rights is retained by Sun
    and/or its licensors. Except as specifically
    authorized in any Supplemental License Terms, you
    may not make copies of Software, other than a
    single copy of Software for archival purposes.
    Unless enforcement is prohibited by applicable
    law, you may not modify, decompile, or reverse
    engineer Software. You acknowledge that Software
    is not designed, licensed or intended for use in
    the design, construction, operation or maintenance
    of any nuclear facility. Sun 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.
    
    
    
    3. 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.
    
    
    
    4. 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.
    
    
    
    5. 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.
    
    
    
    6. 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. Upon Termination, you
    must destroy all copies of Software.
    
    
    
    7. 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.
    
    
    
    8. 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).
    
    
    
    9. 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.
    
    
    
    10. 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.
    
    
    
    11. 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.
    
    
    
    For inquiries please contact: Sun Microsystems,
    Inc. 901 San Antonio Road, Palo Alto, California
    94303
    
    SERVLET.JAR FOR JAVA SERVLET API SPECIFICATION
    VERSION 2.2
    
    SUPPLEMENTAL LICENSE TERMS
    
    
    
    These supplemental license terms ("Supplement")
    add to or modify the terms of the Binary Code
    License Agreement (collectively, the "Agreement").
    Capitalized terms not defined in this Supplement
    shall have the same meanings ascribed to them in
    the Agreement. These Supplement terms shall
    supersede any inconsistent or conflicting terms in
    the Agreement, or in any license contained within
    the Software.
    
    
    
    1. License to Develop. Subject to the terms and
    conditions of this Agreement, including but not
    limited to the terms and conditions contained in
    this Supplement, Sun grants you a non-exclusive,
    non-transferable, limited license to reproduce and
    use internally the binary form of the Software for
    the purpose of designing, developing and testing
    your Java(TM) applets and applications intended to
    run on a compatible Java platform (the
    "Program(s)").
    
    
    
    2. License to Distribute. Sun grants you a
    non-exclusive, non-transferable, limited license
    to reproduce and distribute the binary code form
    of the Software to third party end users, through
    multiple tiers of distribution, provided that you:
    (i) distribute the Software complete and
    unmodified in its original Java Archive file, and
    only bundled as a part of your Program that
    incorporates the Software; (ii) do not distribute
    additional software intended to replace any
    component(s) of the Software; (iii) do not remove
    or alter any proprietary legends or notices
    contained in or on the Software; (iv) only
    distribute the Program pursuant to a license
    agreement that protects Sun's interest consistent
    with the terms contained in the Agreement and
    provided that Sun is a third party beneficiary to
    such license agreement; (v) do not create, or
    authorize your licensees to create, additional
    classes, interfaces, or subpackages that are
    contained in the "java", "javax" or "sun" packages
    or similar packages as specified by Sun in any
    naming convention; and (vi) 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.
    
    
    
    3. Trademarks and Logos. You acknowledge and agree
    as between you and Sun that Sun owns the Java
    trademark and all Java-related trademarks, service
    marks, logos and other brand designations
    including the Coffee Cup logo and Duke logo ("Java
    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 Java Marks inures to Sun's
    benefit.