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SUPERMICRO/IPMIView/_jvm/LICENSE
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SUPERMICRO/IPMIView/_jvm/LICENSE
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Sun Microsystems, Inc. Binary Code License Agreement
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for the JAVA SE DEVELOPMENT KIT (JDK), VERSION 6
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SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE
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SOFTWARE IDENTIFIED BELOW TO YOU ONLY UPON THE CONDITION
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THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS BINARY
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CODE LICENSE AGREEMENT AND SUPPLEMENTAL LICENSE TERMS
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(COLLECTIVELY "AGREEMENT"). PLEASE READ THE AGREEMENT
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CAREFULLY. BY DOWNLOADING OR INSTALLING THIS SOFTWARE, YOU
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ACCEPT THE TERMS OF THE AGREEMENT. INDICATE ACCEPTANCE BY
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SELECTING THE "ACCEPT" BUTTON AT THE BOTTOM OF THE
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AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY ALL THE
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TERMS, SELECT THE "DECLINE" BUTTON AT THE BOTTOM OF THE
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AGREEMENT AND THE DOWNLOAD OR INSTALL PROCESS WILL NOT
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CONTINUE.
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1. DEFINITIONS. "Software" means the identified above in
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binary form, any other machine readable materials
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(including, but not limited to, libraries, source files,
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header files, and data files), any updates or error
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corrections provided by Sun, and any user manuals,
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programming guides and other documentation provided to you
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by Sun under this Agreement. "Programs" mean Java applets
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and applications intended to run on the Java Platform,
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Standard Edition (Java SE) on Java-enabled general purpose
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desktop computers and servers.
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2. LICENSE TO USE. Subject to the terms and conditions of
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this Agreement, including, but not limited to the Java
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Technology Restrictions of the Supplemental License Terms,
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Sun grants you a non-exclusive, non-transferable, limited
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license without license fees to reproduce and use
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internally Software complete and unmodified for the sole
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purpose of running Programs. Additional licenses for
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developers and/or publishers are granted in the
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Supplemental License Terms.
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3. RESTRICTIONS. Software is confidential and copyrighted.
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Title to Software and all associated intellectual property
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rights is retained by Sun and/or its licensors. Unless
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enforcement is prohibited by applicable law, you may not
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modify, decompile, or reverse engineer Software. You
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acknowledge that Licensed Software is not designed or
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intended for use in the design, construction, operation or
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maintenance of any nuclear facility. Sun Microsystems, Inc.
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disclaims any express or implied warranty of fitness for
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such uses. No right, title or interest in or to any
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trademark, service mark, logo or trade name of Sun or its
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licensors is granted under this Agreement. Additional
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restrictions for developers and/or publishers licenses are
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set forth in the Supplemental License Terms.
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4. LIMITED WARRANTY. Sun warrants to you that for a period
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of ninety (90) days from the date of purchase, as evidenced
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by a copy of the receipt, the media on which Software is
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furnished (if any) will be free of defects in materials and
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workmanship under normal use. Except for the foregoing,
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Software is provided "AS IS". Your exclusive remedy and
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Sun's entire liability under this limited warranty will be
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at Sun's option to replace Software media or refund the fee
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paid for Software. Any implied warranties on the Software
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are limited to 90 days. Some states do not allow
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limitations on duration of an implied warranty, so the
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above may not apply to you. This limited warranty gives you
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specific legal rights. You may have others, which vary from
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state to state.
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5. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS
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AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,
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REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED
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WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
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PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE
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EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY
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INVALID.
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6. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY
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LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR
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ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT,
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CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER
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CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT
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OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE,
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EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
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DAMAGES. In no event will Sun's liability to you, whether
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in contract, tort (including negligence), or otherwise,
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exceed the amount paid by you for Software under this
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Agreement. The foregoing limitations will apply even if the
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above stated warranty fails of its essential purpose. Some
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states do not allow the exclusion of incidental or
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consequential damages, so some of the terms above may not
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be applicable to you.
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7. TERMINATION. This Agreement is effective until
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terminated. You may terminate this Agreement at any time by
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destroying all copies of Software. This Agreement will
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terminate immediately without notice from Sun if you fail
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to comply with any provision of this Agreement. Either
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party may terminate this Agreement immediately should any
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Software become, or in either party's opinion be likely to
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become, the subject of a claim of infringement of any
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intellectual property right. Upon Termination, you must
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destroy all copies of Software.
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8. EXPORT REGULATIONS. All Software and technical data
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delivered under this Agreement are subject to US export
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control laws and may be subject to export or import
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regulations in other countries. You agree to comply
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strictly with all such laws and regulations and acknowledge
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that you have the responsibility to obtain such licenses to
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export, re-export, or import as may be required after
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delivery to you.
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9. TRADEMARKS AND LOGOS. You acknowledge and agree as
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between you and Sun that Sun owns the SUN, SOLARIS, JAVA,
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JINI, FORTE, and iPLANET trademarks and all SUN, SOLARIS,
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JAVA, JINI, FORTE, and iPLANET-related trademarks, service
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marks, logos and other brand designations ("Sun Marks"),
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and you agree to comply with the Sun Trademark and Logo
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Usage Requirements currently located at
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http://www.sun.com/policies/trademarks. Any use you make of
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the Sun Marks inures to Sun's benefit.
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10. U.S. GOVERNMENT RESTRICTED RIGHTS. If Software is being
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acquired by or on behalf of the U.S. Government or by a
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U.S. Government prime contractor or subcontractor (at any
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tier), then the Government's rights in Software and
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accompanying documentation will be only as set forth in
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this Agreement; this is in accordance with 48 CFR 227.7201
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through 227.7202-4 (for Department of Defense (DOD)
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acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD
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acquisitions).
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11. GOVERNING LAW. Any action related to this Agreement
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will be governed by California law and controlling U.S.
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federal law. No choice of law rules of any jurisdiction
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will apply.
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12. SEVERABILITY. If any provision of this Agreement is
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held to be unenforceable, this Agreement will remain in
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effect with the provision omitted, unless omission would
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frustrate the intent of the parties, in which case this
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Agreement will immediately terminate.
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13. INTEGRATION. This Agreement is the entire agreement
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between you and Sun relating to its subject matter. It
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supersedes all prior or contemporaneous oral or written
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communications, proposals, representations and warranties
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and prevails over any conflicting or additional terms of
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any quote, order, acknowledgment, or other communication
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between the parties relating to its subject matter during
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the term of this Agreement. No modification of this
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Agreement will be binding, unless in writing and signed by
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an authorized representative of each party.
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SUPPLEMENTAL LICENSE TERMS
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These Supplemental License Terms add to or modify the terms
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of the Binary Code License Agreement. Capitalized terms not
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defined in these Supplemental Terms shall have the same
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meanings ascribed to them in the Binary Code License
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Agreement . These Supplemental Terms shall supersede any
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inconsistent or conflicting terms in the Binary Code
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License Agreement, or in any license contained within the
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Software.
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A. Software Internal Use and Development License Grant.
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Subject to the terms and conditions of this Agreement and
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restrictions and exceptions set forth in the Software
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"README" file incorporated herein by reference, including,
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but not limited to the Java Technology Restrictions of
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||||
these Supplemental Terms, Sun grants you a non-exclusive,
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||||
non-transferable, limited license without fees to reproduce
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||||
internally and use internally the Software complete and
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unmodified for the purpose of designing, developing, and
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testing your Programs.
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B. License to Distribute Software. Subject to the terms and
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conditions of this Agreement and restrictions and
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exceptions set forth in the Software README file,
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including, but not limited to the Java Technology
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||||
Restrictions of these Supplemental Terms, Sun grants you a
|
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non-exclusive, non-transferable, limited license without
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fees to reproduce and distribute the Software, provided
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that (i) you distribute the Software complete and
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unmodified and only bundled as part of, and for the sole
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purpose of running, your Programs, (ii) the Programs add
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significant and primary functionality to the Software,
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(iii) you do not distribute additional software intended to
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replace any component(s) of the Software, (iv) you do not
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remove or alter any proprietary legends or notices
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contained in the Software, (v) you only distribute the
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Software subject to a license agreement that protects Sun's
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interests consistent with the terms contained in this
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Agreement, and (vi) you agree to defend and indemnify Sun
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and its licensors from and
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C. License to Distribute Redistributables. Subject to the
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terms and conditions of this Agreement and restrictions and
|
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exceptions set forth in the Software README file, including
|
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but not limited to the Java Technology Restrictions of
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these Supplemental Terms, Sun grants you a non-exclusive,
|
||||
non-transferable, limited license without fees to reproduce
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and distribute those files specifically identified as
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redistributable in the Software "README" file
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("Redistributables") provided that: (i) you distribute the
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Redistributables complete and unmodified, and only bundled
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as part of Programs, (ii) the Programs add significant and
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primary functionality to the Redistributables, (iii) you do
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not distribute additional software intended to supersede
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any component(s) of the Redistributables (unless otherwise
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specified in the applicable README file), (iv) you do not
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remove or alter any proprietary legends or notices
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contained in or on the Redistributables, (v) you only
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distribute the Redistributables pursuant to a license ag
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D. Java Technology Restrictions. You may not create,
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modify, or change the behavior of, or authorize your
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licensees to create, modify, or change the behavior of,
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classes, interfaces, or subpackages that are in any way
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identified as "java", "javax", "sun" or similar convention
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as specified by Sun in any naming convention designation.
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E. Distribution by Publishers. This section pertains to
|
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your distribution of the Software with your printed book or
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magazine (as those terms are commonly used in the industry)
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relating to Java technology ("Publication"). Subject to and
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conditioned upon your compliance with the restrictions and
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obligations contained in the Agreement, in addition to the
|
||||
license granted in Paragraph 1 above, Sun hereby grants to
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you a non-exclusive, nontransferable limited right to
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reproduce complete and unmodified copies of the Software on
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electronic media (the "Media") for the sole purpose of
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inclusion and distribution with your Publication(s),
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subject to the following terms: (i) You may not distribute
|
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the Software on a stand-alone basis; it must be distributed
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with your Publication(s); (ii) You are responsible for
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downloading the Software from the applicable Sun web site;
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(iii) You must refer to the Software as JavaTM SE
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Development Kit 6; (iv) The Software must be reproduced in
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its entirety and without any modification what
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F. Source Code. Software may contain source code that,
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||||
unless expressly licensed for other purposes, is provided
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||||
solely for reference purposes pursuant to the terms of this
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||||
Agreement. Source code may not be redistributed unless
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expressly provided for in this Agreement.
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G. Third Party Code. Additional copyright notices and
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license terms applicable to portions of the Software are
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||||
set forth in the THIRDPARTYLICENSEREADME.txt file. In
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||||
addition to any terms and conditions of any third party
|
||||
opensource/freeware license identified in the
|
||||
THIRDPARTYLICENSEREADME.txt file, the disclaimer of
|
||||
warranty and limitation of liability provisions in
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||||
paragraphs 5 and 6 of the Binary Code License Agreement
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||||
shall apply to all Software in this distribution.
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H. Termination for Infringement. Either party may terminate
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this Agreement immediately should any Software become, or
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in either party's opinion be likely to become, the subject
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of a claim of infringement of any intellectual property
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||||
right.
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I. Installation and Auto-Update. The Software's
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installation and auto-update processes transmit a limited
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amount of data to Sun (or its service provider) about those
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specific processes to help Sun understand and optimize
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them. Sun does not associate the data with personally
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identifiable information. You can find more information
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about the data Sun collects at http://java.com/data/.
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For inquiries please contact: Sun Microsystems, Inc., 4150
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Network Circle, Santa Clara, California 95054, U.S.A.
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