License J2ME Wireless Toolkit
|
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.
JAVA DEVELOPMENT TOOLS
J2ME
WIRELESS TOOLKIT (J2ME WTK), VERSION 2.2.x
SUPPLEMENTAL LICENSE TERMS
These supplemental license terms
("Supplemental Terms") add to or
modify the terms of the Binary Code License Agreement (collectively,
the "Agreement"). Capitalized terms not defined in these Supplemental
Terms shall have the same meanings ascribed to them in the Agreement.
These Supplemental Terms shall supersede any inconsistent or
conflicting terms in the Agreement, or in any license contained within
the Software.
1.
Software Internal Use and Development License Grant.
Subject to the terms and conditions of this Agreement, including, but
not limited to Section 2 (Java Technology Restrictions) of these
Supplemental Terms, Sun grants you a non-exclusive, non-transferable,
limited license to reproduce internally and use internally the binary
form of the Software complete and unmodified for the sole purpose of
designing, developing and testing your Java applets and applications
intended to run on the Java platform ("Programs") provided that any
executable output generated by a compiler that is contained in the
Software must (a) only be compiled from source code that conforms to
the corresponding version of the OEM Java Language Specification; (b)
be in the class file format defined by the corresponding version of the
OEM Java Virtual Machine Specification; and (c) execute properly on a
reference runtime, as specified by Sun, associated with such version of
the Java platform.
2.
Java Technology Restrictions. You may not modify
the Java Platform Interface ("JPI", identified as classes contained
within the "java" package or any subpackages of the "java" package), by
creating additional classes within the JPI or otherwise causing the
addition to or modification of the classes in the JPI. In the event
that you create an additional class and associated API(s) which (i)
extends the functionality of the Java platform, and (ii) is exposed to
third party software developers for the purpose of developing
additional software which invokes such additional API, you must
promptly publish broadly an accurate specification for such API for
free use by all developers. You may not create, or authorize your
licensees to create, additional 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.
3.
Java Runtime Availability. Refer to the appropriate version of the Java
Runtime Environment binary code license (currently located at
http://www.java.sun.com/jdk/index.html) for the availability of runtime
code which may be distributed with Java applets and applications.
4.
Trademarks and Logos. You acknowledge and agree as between you and Sun
that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET
trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET-related
trademarks, service marks, logos and other brand designations ("Sun
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 Sun
Marks inures to Sun's benefit.
5.
Source Code. Software may contain
source code that is provided solely for reference purposes pursuant to
the terms of this Agreement. Source code may not be redistributed
unless expressly provided for in this Agreement.
6.
Termination for
Infringement. Either party may terminate this Agreement immediately
should any Software become, or in either party's opinion be likely to
become, the subject of a claim of infringement of any intellectual
property right.