Sun/Oracle - Entitlement for Software License

    This page provides an example of one of the Sun software licenses commonly used with Java EE API jars.

     

     

    License Agreement for JavaBeans(TM) Activation Framework 1.1
                        
    
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    A. Sun Microsystems, Inc. ("Sun") ENTITLEMENT for
    SOFTWARE
    
    Licensee/Company: Entity receiving Software.
    
    Effective Date: Date of delivery of the Software to
    You.
    
    Software: JavaBeans Activation Framework 1.1.
    
    License Term: Perpetual (subject to termination under
    the SLA).
    
    Licensed Unit: Software Copy.
    
    Licensed unit Count: Unlimited.
    
    Permitted Uses:
    
    1. You may reproduce and use the Software for
    Individual, Commercial,
    or Research and Instructional Use for the purposes of
    designing,
    developing, testing, and running Your applets and
    application("Programs").
    
    2. Subject to the terms and conditions of this
    Agreement and
    restrictions and exceptions set forth in the
    Software's documentation,
    You may reproduce and distribute portions of Software
    identified as a
    redistributable in the documentation
    ("Redistributable"), provided
    that:
    
    (a) you distribute Redistributable complete and
    unmodified and only
    bundled as part of Your Programs,
    
    (b) your Programs add significant and primary
    functionality to the
    Redistributable,
    
    (c) you distribute Redistributable for the sole
    purpose of running your
    Programs,
    
    (d) you do not distribute additional software intended
    to replace any
    component(s) of the Redistributable,
    
    (e) you do not remove or alter any proprietary legends
    or notices
    contained in or on the Redistributable.
    
    (f) you only distribute the Redistributable subject to
    a license
    agreement that protects Sun's interests consistent
    with the terms
    contained in this Agreement, and
    
    (g) you 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 and/or
    Redistributable.
    
    3. Java Technology Restrictions. You may not create,
    modify, or change
    the behavior of, or authorize your licensees to
    create, modify, or
    change the behavior of, classes, interfaces, or
    subpackages that are in
    any way identified as "java", "javax", "sun" or
    similar convention as
    specified by Sun in any naming convention designation.
    
    B. Sun Microsystems, Inc. ("Sun")
    SOFTWARE LICENSE AGREEMENT
    
    READ THE TERMS OF THIS AGREEMENT ("AGREEMENT")
    CAREFULLY BEFORE OPENING
    SOFTWARE MEDIA PACKAGE. BY OPENING SOFTWARE MEDIA
    PACKAGE, YOU AGREE TO
    THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING
    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 OF THE TERMS, PROMPTLY RETURN THE UNUSED
    SOFTWARE TO YOUR PLACE
    OF PURCHASE FOR A REFUND OR, IF SOFTWARE IS ACCESSED
    ELECTRONICALLY,
    SELECT THE "DECLINE" (OR "EXIT") BUTTON AT THE END OF
    THIS AGREEMENT.
    IF YOU HAVE SEPARATELY AGREED TO LICENSE TERMS
    ("MASTER TERMS") FOR
    YOUR LICENSE TO THIS SOFTWARE, THEN SECTIONS 1-5 OF
    THIS AGREEMENT
    ("SUPPLEMENTAL LICENSE TERMS") SHALL SUPPLEMENT AND
    SUPERSEDE THE
    MASTER TERMS IN RELATION TO THIS SOFTWARE.
    
    1. Definitions.
    
    (a) "Entitlement" means the collective set of
    applicable documents
    authorized by Sun evidencing your obligation to pay
    associated fees (if
    any) for the license, associated Services, and the
    authorized scope of
    use of Software under this Agreement.
    
    (b) "Licensed Unit" means the unit of measure by
    which your use of
    Software and/or Service is licensed, as described in
    your Entitlement.
    
    (c) "Permitted Use" means the licensed Software
    use(s) authorized
    in this Agreement as specified in your Entitlement.
    The Permitted Use
    for any bundled Sun software not specified in your
    Entitlement will be
    evaluation use as provided in Section 3.
    
    (d) "Service" means the service(s) that Sun or its
    delegate will
    provide, if any, as selected in your Entitlement and
    as further
    described in the applicable service listings at
    www.sun.com/service/servicelist.
    
    (e) "Software" means the Sun software described in
    your
    Entitlement. Also, certain software may be included
    for evaluation use
    under Section 3.
    
    (f) "You" and "Your" means the individual or legal
    entity specified
    in the Entitlement, or for evaluation purposes, the
    entity performing
    the evaluation.
    
    2. License Grant and Entitlement.
    
    Subject to the terms of your Entitlement, Sun grants
    you a
    nonexclusive, nontransferable limited license to use
    Software for its
    Permitted Use for the license term. Your Entitlement
    will specify (a)
    Software licensed, (b) the Permitted Use, (c) the
    license term, and (d)
    the Licensed Units.
    
    Additionally, if your Entitlement includes Services,
    then it will also
    specify the (e) Service and (f) service term.
    
    If your rights to Software or Services are limited in
    duration and the
    date such rights begin is other than the purchase
    date, your
    Entitlement will provide that beginning date(s).
    
    The Entitlement may be delivered to you in various
    ways depending on
    the manner in which you obtain Software and Services,
    for example, the
    Entitlement may be provided in your receipt, invoice
    or your contract
    with Sun or authorized Sun reseller. It may also be in
    electronic
    format if you download Software.
    
    3. Permitted Use.
    
    As selected in your Entitlement, one or more of the
    following Permitted
    Uses will apply to your use of Software. Unless you
    have an Entitlement
    that expressly permits it, you may not use Software
    for any of the
    other Permitted Uses. If you don't have an
    Entitlement, or if your
    Entitlement doesn't cover additional software
    delivered to you, then
    such software is for your Evaluation Use.
    
    (a) Evaluation Use. You may evaluate Software
    internally for a period
    of 90 days from your first use.
    
    (b) Research and Instructional Use. You may use
    Software internally to
    design, develop and test, and also to provide
    instruction on such
    uses.
    
    (c) Individual Use. You may use Software internally
    for personal,
    individual use.
    
    (d) Commercial Use. You may use Software internally
    for your own
    commercial purposes.
    
    (e) Service Provider Use. You may make Software
    functionality
    accessible (but not by providing Software itself or
    through outsourcing
    services) to your end users in an extranet deployment,
    but not to your
    affiliated companies or to government agencies.
    
    4. Licensed Units.
    
    Your Permitted Use is limited to the number of
    Licensed Units stated in
    your Entitlement. If you require additional Licensed
    Units, you will
    need additional Entitlement(s).
    
    5. Restrictions.
    
    (a) The copies of Software provided to you under this
    Agreement are
    licensed, not sold, to you by Sun. Sun reserves all
    rights not
    expressly granted. (b) You may make a single archival
    copy of Software,
    but otherwise may not copy, modify, or distribute
    Software. However if
    the Sun documentation accompanying Software lists
    specific portions of
    Software, such as header files, class libraries,
    reference source code,
    and/or redistributable files, that may be handled
    differently, you may
    do so only as provided in the Sun documentation. (c)
    You may not rent,
    lease, lend or encumber Software. (d) Unless
    enforcement is prohibited
    by applicable law, you may not decompile, or reverse
    engineer
    Software. (e) The terms and conditions of this
    Agreement will apply to
    any Software updates, provided to you at Sun's
    discretion, that replace
    and/or supplement the original Software, unless such
    update contains a
    separate license. (f) You may not publish or provide
    the results of any
    benchmark or comparison tests run on Software to any
    third party
    without the prior written consent of Sun. (g) Software
    is confidential
    and copyrighted. (h) Unless otherwise specified, if
    Software is
    delivered with embedded or bundled software that
    enables functionality
    of Software, you may not use such software on a
    stand-alone basis or
    use any portion of such software to interoperate with
    any program(s)
    other than Software. (i) Software may contain
    programs that perform
    automated collection of system data and/or automated
    software updating
    services. System data collected through such programs
    may be used by
    Sun, its subcontractors, and its service delivery
    partners for the
    purpose of providing you with remote system services
    and/or improving
    Sun's software and systems. (j) Software is not
    designed, licensed or
    intended for use in the design, construction,
    operation or maintenance
    of any nuclear facility and Sun and its licensors
    disclaim any express
    or implied warranty of fitness for such uses. (k) 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.
    
    6. Term and Termination.
    
    The license and service term are set forth in your
    Entitlement(s). Your
    rights under this Agreement will terminate immediately
    without notice
    from Sun if you materially breach it or take any
    action in derogation
    of Sun's and/or its licensors' rights to Software. Sun
    may terminate
    this Agreement should any Software become, or in Sun's
    reasonable
    opinion likely to become, the subject of a claim of
    intellectual
    property infringement or trade secret
    misappropriation. Upon
    termination, you will cease use of, and destroy,
    Software and confirm
    compliance in writing to Sun. Sections 1, 5, 6, 7, and
    9-15 will
    survive termination of the Agreement.
    
    7. Java Compatibility and Open Source.
    
    Software may contain Java technology. You may not
    create additional
    classes to, or modifications of, the Java technology,
    except under
    compatibility requirements available under a separate
    agreement
    available at www.java.net.
    
    Sun supports and benefits from the global community of
    open source
    developers, and thanks the community for its important
    contributions
    and open standards-based technology, which Sun has
    adopted into many of
    its products.
    
    Please note that portions of Software may be provided
    with notices and
    open source licenses from such communities and third
    parties that
    govern the use of those portions, and any licenses
    granted hereunder do
    not alter any rights and obligations you may have
    under such open
    source licenses, however, the disclaimer of warranty
    and limitation of
    liability provisions in this Agreement will apply to
    all Software in
    this distribution.
    
    8. Limited Warranty.
    
    Sun warrants to you that for a period of 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. Some states
    do not allow
    limitations on certain implied warranties, so the
    above may not apply
    to you. This limited warranty gives you specific legal
    rights. You may
    have others, which vary from state to state.
    
    9. 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.
    
    10. 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. Some
    states do not
    allow the exclusion of incidental or consequential
    damages, so some of
    the terms above may not be applicable to you.
    
    11. Export Regulations.
    
    All Software, documents, technical data, and any other
    materials
    delivered under this Agreement are subject to U.S.
    export control laws
    and may be subject to export or import regulations in
    other countries.
    You agree to comply strictly with these laws and
    regulations and
    acknowledge that you have the responsibility to obtain
    any licenses to
    export, re-export, or import as may be required after
    delivery to you.
    
    12. 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).
    
    13. 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.
    
    14. 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.
    
    15. Integration.
    
    This Agreement, including any terms contained in your
    Entitlement, 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.
    
    Please contact Sun Microsystems, Inc. 4150 Network
    Circle, Santa Clara,
    California 95054 if you have questions.