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authorDmitriy Bogdanov2016-05-09 12:17:40 +0400
committerDmitriy Bogdanov2016-05-09 12:17:40 +0400
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+Sun Microsystems, Inc. ("Sun") ENTITLEMENT for SOFTWARE
+
+Licensee/Company: Entity receiving Software.
+
+Effective Date: Date of delivery of the Software to
+You.
+
+Software: Sun Java Wireless Toolkit 2.5.2 for CLDC.
+
+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 Your own
+Individual, Commercial and Research and Instructional
+Use only for the purposes of designing, developing,
+testing, and running Your and applications.
+
+2. 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.
+
+3. In no event will Sun's or its licensor'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 below stated
+warranty fails of its essential purpose.
+
+
+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 1-6 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.
+