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"(OR
EQUIVALENT) 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 EQUIVALENT) 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.
(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
(b) "Licensed Unit" means the unit of measure by which your
use of Software and/or Service is licensed, as described in
(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
(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
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
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).
(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, se rvice mark,
logo or trade name of Sun or its licensors is granted under
6. 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
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.
7. 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
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
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
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
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.
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
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.