1.1 --- a/installer/engine/src/org/netbeans/installer/product/components/netbeans-license.txt Sun Nov 14 21:22:30 2010 +0100
1.2 +++ b/installer/engine/src/org/netbeans/installer/product/components/netbeans-license.txt Mon Nov 15 11:09:41 2010 +0100
1.3 @@ -1,9 +1,9 @@
1.4 -NETBEANS IDE 6.9 ("Product")
1.5 +NETBEANS IDE 7.0 Beta ("Product")
1.6
1.7 Please review the complete list of open-source licenses
1.8 governing software included in the Product. They can be
1.9 -found in the THIRDPARTYLICENSE.txt file. Oracle elects to
1.10 -use only the GNU Lesser General Public License version 2.1
1.11 +found in the THIRDPARTYLICENSE.txt file. Oracle elects to use
1.12 +only the GNU Lesser General Public License version 2.1
1.13 (LGPL)/GNU General Public License version 2 (GPL) for any
1.14 software where a choice of LGPL/GPL license versions are
1.15 made available with the language indicating that
1.16 @@ -12,7 +12,7 @@
1.17 unspecified.
1.18
1.19 Please review the list of libraries and licenses provided
1.20 -for use. This license file contains six distinct licenses.
1.21 +for use. This license file contains five distinct licenses.
1.22
1.23 Unless specified below, the use of NetBeans IDE and
1.24 components from the GlassFish runtime are governed by the
1.25 @@ -27,20 +27,16 @@
1.26
1.27 LICENSE #2: CDDL.
1.28
1.29 -LICENSE #3: The use of the Sun Java Wireless Toolkit 2.5.2
1.30 +LICENSE #3: The use of the Oracle Java Wireless Toolkit 2.5.2
1.31 for CLDC in the Java ME pack is subject to this Software
1.32 License Agreement and Entitlement.
1.33
1.34 LICENSE #4: The use of the Java ME SDK 3.0 is subject to
1.35 this Software License Agreement and Entitlement.
1.36
1.37 -LICENSE #5: The use of the Java Card Development Kit, 3.0.2
1.38 -is subject to this Software License Agreement and
1.39 -Entitlement.
1.40 +LICENSE #5: The use of Oracle JDBC drivers is subject to
1.41 +this software License Agreement and Entitlement
1.42
1.43 -LICENSE #6: The use of the JavaFX Software Development Kit
1.44 -(SDK) is subject to this Software License Agreement and
1.45 -Entitlement.
1.46
1.47 ************************************************************
1.48
1.49 @@ -427,14 +423,20 @@
1.50
1.51 "CLASSPATH" EXCEPTION TO THE GPL VERSION 2
1.52
1.53 -Certain source files distributed by Oracle Corp. are subject
1.54 -to the following clarification and special exception to the
1.55 -GPL Version 2, but only where Oracle has expressly included
1.56 -in the particular source file's header the words "Oracle
1.57 -designates this particular file as subject to the
1.58 -"Classpath" exception as provided by Oracle in the License
1.59 +Certain source files distributed by Oracle Corporation.
1.60 +are subject to the following clarification and special
1.61 +exception to the GPL Version 2, but only where Oracle has
1.62 +expressly included in the particular source file's header
1.63 +the one of the following statements "Oracle designates
1.64 +this particular file as subject to the "Classpath"
1.65 +exception as provided by Oracle in the License file that
1.66 +accompanied this code."
1.67 +or
1.68 +"Sun designates this particular file as subject to the
1.69 +"Classpath" exception as provided by Sun in the License
1.70 file that accompanied this code."
1.71
1.72 +
1.73 Linking this library statically or dynamically with other
1.74 modules is making a combined work based on this library.
1.75 Thus, the terms and conditions of the GNU General Public
1.76 @@ -680,11 +682,12 @@
1.77
1.78 4.1. New Versions.
1.79
1.80 -Oracle Corp. is the initial license steward and may publish
1.81 -revised and/or new versions of this License from time to
1.82 -time. Each version will be given a distinguishing version
1.83 -number. Except as provided in Section 4.3, no one other than
1.84 -the license steward has the right to modify this License.
1.85 +Oracle Corporation is the initial license steward and
1.86 +may publish revised and/or new versions of this License from
1.87 +time to time. Each version will be given a distinguishing
1.88 +version number. Except as provided in Section 4.3, no one
1.89 +other than the license steward has the right to modify this
1.90 +License.
1.91
1.92 4.2. Effect of New Versions.
1.93
1.94 @@ -1510,725 +1513,11 @@
1.95 ************************************************************
1.96
1.97 LICENSE #5:
1.98 +Oracle JDBC Drivers are made available under the terms of
1.99 +the Oracle Technology Network Development and Distribution
1.100 +License Terms:
1.101 +The License and entitlements are detailed on the following
1.102 +web page:
1.103 +http://www.oracle.com/technetwork/licenses/distribution-license-152002.html
1.104
1.105 -Sun Microsystems, Inc. ("Sun") ENTITLEMENT for SOFTWARE
1.106
1.107 -Licensee/Company: Entity receiving Software.
1.108 -
1.109 -Effective Date: Date of delivery of the Software to You.
1.110 -
1.111 -Software: Java Card Development Kit, 3.0.2.
1.112 -
1.113 -License Term: Perpetual (subject to termination under the SLA)
1.114 -
1.115 -Licensed Unit: Software Copy
1.116 -
1.117 -Licensed unit Count: Unlimited
1.118 -
1.119 -Permitted Uses:
1.120 -
1.121 -1. You may reproduce and use the Software for Your own
1.122 -Individual, Commercial, or Research and Instructional Use
1.123 -for the purposes of designing, developing, testing, and
1.124 -running Your applets and application ("Programs").
1.125 -
1.126 -2. Subject to the terms and conditions of this Agreement and
1.127 -restrictions and exceptions set forth in the Software's
1.128 -documentation, You may reproduce and distribute portions of
1.129 -Software identified as a redistributable in the
1.130 -documentation ("Redistributable"), provided that:
1.131 -
1.132 -(a) You distribute Redistributable complete and unmodified
1.133 -and only bundled as part of Your Programs,
1.134 -
1.135 -(b) Your Programs add significant and primary functionality
1.136 -to the Redistributable,
1.137 -
1.138 -(c) You distribute Redistributable for the sole purpose of
1.139 -running Your Programs,
1.140 -
1.141 -(d) You do not distribute additional software intended to
1.142 -replace any component(s) of the Redistributable,
1.143 -
1.144 -(e) You do not remove or alter any proprietary legends or
1.145 -notices contained in or on the Redistributable.
1.146 -
1.147 -(f) You only distribute the Redistributable subject to a
1.148 -license agreement that protects Sun's interests consistent
1.149 -with the terms contained in this Agreement, and
1.150 -
1.151 -(g) You agree to defend and indemnify Sun and its licensors
1.152 -from and against any damages, costs, liabilities, settlement
1.153 -amounts and/or expenses (including attorneys' fees)
1.154 -incurred in connection with any claim, lawsuit or action by
1.155 -any third party that arises or results from the use or
1.156 -distribution of any and all Programs and/or Redistributable.
1.157 -
1.158 -3. Java Technology Restrictions. You may not create,
1.159 -modify, or change the behavior of, or authorize your
1.160 -licensees to create, modify, or change the behavior of,
1.161 -classes, interfaces, or subpackages that are in any way
1.162 -identified as "java", "javax", "sun" or similar convention
1.163 -as specified by Sun in any naming convention designation.
1.164 -
1.165 -4. No Diagnostic, Maintenance, Repair or Technical Support
1.166 -Services. The scope of Your license does not include any
1.167 -right, express or implied, (i) to access, copy, distribute,
1.168 -display or use the Software to provide diagnostic,
1.169 -maintenance, repair or technical support services for Sun
1.170 -software or Sun hardware on behalf of any third party for
1.171 -Your direct or indirect commercial gain or advantage,
1.172 -without Sun's prior written authorization, or (ii) for any
1.173 -third party to access, copy, distribute, display or use the
1.174 -Software to provide diagnostic, maintenance, repair or
1.175 -technical support services for Sun software or Sun hardware
1.176 -on Your behalf for such party's direct or indirect
1.177 -commercial gain or advantage, without Sun's prior written
1.178 -authorization. The limitations set forth in this paragraph
1.179 -apply to any and all error corrections, patches, updates,
1.180 -and upgrades to the Software You may receive, access,
1.181 -download or otherwise obtain from Sun.
1.182 -
1.183 -5. Records and Documentation. During the term of the SLA
1.184 -and Entitlement, and for a period of three (3) years
1.185 -thereafter, You agree to keep proper records and
1.186 -documentation of Your compliance with the SLA and
1.187 -Entitlement. Upon Sun's reasonable request, You will provide
1.188 -copies of such records and documentation to Sun for the
1.189 -purpose of confirming Your compliance with the terms and
1.190 -conditions of the SLA and Entitlement. This section will
1.191 -survive any termination of the SLA and Entitlement. You may
1.192 -terminate this SLA and Entitlement at any time by destroying
1.193 -all copies of the Software in which case the obligations set
1.194 -forth in Section 7 of the SLA shall apply.
1.195 -
1.196 -
1.197 -Sun Microsystems, Inc. ("Sun")
1.198 -SOFTWARE LICENSE AGREEMENT
1.199 -
1.200 -READ THE TERMS OF THIS AGREEMENT ("AGREEMENT") CAREFULLY
1.201 -BEFORE OPENING SOFTWARE MEDIA PACKAGE. BY OPENING SOFTWARE
1.202 -MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF
1.203 -YOU ARE ACCESSING SOFTWARE ELECTRONICALLY, INDICATE YOUR
1.204 -ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON
1.205 -AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF
1.206 -THE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE
1.207 -OF PURCHASE FOR A REFUND OR, IF SOFTWARE IS ACCESSED
1.208 -ELECTRONICALLY, SELECT THE "DECLINE" (OR "EXIT") BUTTON AT
1.209 -THE END OF THIS AGREEMENT. IF YOU HAVE SEPARATELY AGREED TO
1.210 -LICENSE TERMS ("MASTER TERMS") FOR YOUR LICENSE TO THIS
1.211 -SOFTWARE, THEN SECTIONS 1-6 OF THIS AGREEMENT ("SUPPLEMENTAL
1.212 -LICENSE TERMS") SHALL SUPPLEMENT AND SUPERSEDE THE MASTER
1.213 -TERMS IN RELATION TO THIS SOFTWARE.
1.214 -
1.215 -1. Definitions.
1.216 -
1.217 -(a) "Entitlement" means the collective set of applicable
1.218 -documents authorized by Sun evidencing your obligation to
1.219 -pay associated fees (if any) for the license, associated
1.220 -Services, and the authorized scope of use of Software under
1.221 -this Agreement.
1.222 -
1.223 -(b) "Licensed Unit" means the unit of measure by which
1.224 -your use of Software and/or Service is licensed, as
1.225 -described in your Entitlement.
1.226 -
1.227 -(c) "Permitted Use" means the licensed Software use(s)
1.228 -authorized in this Agreement as specified in your
1.229 -Entitlement. The Permitted Use for any bundled Sun software
1.230 -not specified in your Entitlement will be evaluation use as
1.231 -provided in Section 3.
1.232 -
1.233 -(d) "Service" means the service(s) that Sun or its
1.234 -delegate will provide, if any, as selected in your
1.235 -Entitlement and as further described in the applicable
1.236 -service listings at www.sun.com/service/servicelist.
1.237 -
1.238 -(e) "Software" means the Sun software described in your
1.239 -Entitlement. Also, certain software may be included for
1.240 -evaluation use under Section 3.
1.241 -
1.242 -(f) "You" and "Your" means the individual or legal
1.243 -entity specified in the Entitlement, or for evaluation
1.244 -purposes, the entity performing the evaluation.
1.245 -
1.246 -2. License Grant and Entitlement.
1.247 -
1.248 -Subject to the terms of your Entitlement, Sun grants you a
1.249 -nonexclusive, nontransferable limited license to use
1.250 -Software for its Permitted Use for the license term. Your
1.251 -Entitlement will specify (a) Software licensed, (b) the
1.252 -Permitted Use, (c) the license term, and (d) the Licensed
1.253 -Units.
1.254 -
1.255 -Additionally, if your Entitlement includes Services, then it
1.256 -will also specify the (e) Service and (f) service term.
1.257 -
1.258 -If your rights to Software or Services are limited in
1.259 -duration and the date such rights begin is other than the
1.260 -purchase date, your Entitlement will provide that beginning
1.261 -date(s).
1.262 -
1.263 -The Entitlement may be delivered to you in various ways
1.264 -depending on the manner in which you obtain Software and
1.265 -Services, for example, the Entitlement may be provided in
1.266 -your receipt, invoice or your contract with Sun or
1.267 -authorized Sun reseller. It may also be in electronic format
1.268 -if you download Software.
1.269 -
1.270 -3. Permitted Use.
1.271 -
1.272 -As selected in your Entitlement, one or more of the
1.273 -following Permitted Uses will apply to your use of Software.
1.274 -Unless you have an Entitlement that expressly permits it,
1.275 -you may not use Software for any of the other Permitted
1.276 -Uses. If you don't have an Entitlement, or if your
1.277 -Entitlement doesn't cover additional software delivered to
1.278 -you, then such software is for your Evaluation Use.
1.279 -
1.280 -(a) Evaluation Use. You may evaluate Software internally for
1.281 -a period of 90 days from your first use.
1.282 -
1.283 -(b) Research and Instructional Use. You may use Software
1.284 -internally to design, develop and test, and also to provide
1.285 -instruction on such uses.
1.286 -
1.287 -(c) Individual Use. You may use Software internally for
1.288 -personal, individual use.
1.289 -
1.290 -(d) Commercial Use. You may use Software internally for your
1.291 -own commercial purposes.
1.292 -
1.293 -(e) Service Provider Use. You may make Software
1.294 -functionality accessible (but not by providing Software
1.295 -itself or through outsourcing services) to your end users in
1.296 -an extranet deployment, but not to your affiliated companies
1.297 -or to government agencies.
1.298 -
1.299 -4. Licensed Units.
1.300 -
1.301 -Your Permitted Use is limited to the number of Licensed
1.302 -Units stated in your Entitlement. If you require additional
1.303 -Licensed Units, you will need additional Entitlement(s).
1.304 -
1.305 -5. Restrictions.
1.306 -
1.307 -(a) The copies of Software provided to you under this
1.308 -Agreement are licensed, not sold, to you by Sun. Sun
1.309 -reserves all rights not expressly granted. (b) You may make
1.310 -a single archival copy of Software, but otherwise may not
1.311 -copy, modify, or distribute Software. However if the Sun
1.312 -documentation accompanying Software lists specific portions
1.313 -of Software, such as header files, class libraries,
1.314 -reference source code, and/or redistributable files, that
1.315 -may be handled differently, you may do so only as provided
1.316 -in the Sun documentation. (c) You may not rent, lease, lend
1.317 -or encumber Software. (d) Unless enforcement is prohibited
1.318 -by applicable law, you may not decompile, or reverse
1.319 -engineer Software. (e) The terms and conditions of this
1.320 -Agreement will apply to any Software updates, provided to
1.321 -you at Sun's discretion, that replace and/or supplement the
1.322 -original Software, unless such update contains a separate
1.323 -license. (f) You may not publish or provide the results of
1.324 -any benchmark or comparison tests run on Software to any
1.325 -third party without the prior written consent of Sun. (g)
1.326 -Software is confidential and copyrighted. (h) Unless
1.327 -otherwise specified, if Software is delivered with embedded
1.328 -or bundled software that enables functionality of Software,
1.329 -you may not use such software on a stand-alone basis or use
1.330 -any portion of such software to interoperate with any
1.331 -program(s) other than Software. (i) Software may contain
1.332 -programs that perform automated collection of system data
1.333 -and/or automated software updating services. System data
1.334 -collected through such programs may be used by Sun, its
1.335 -subcontractors, and its service delivery partners for the
1.336 -purpose of providing you with remote system services and/or
1.337 -improving Sun's software and systems. (j) Software is not
1.338 -designed, licensed or intended for use in the design,
1.339 -construction, operation or maintenance of any nuclear
1.340 -facility and Sun and its licensors disclaim any express or
1.341 -implied warranty of fitness for such uses. (k) No right,
1.342 -title or interest in or to any trademark, service mark, logo
1.343 -or trade name of Sun or its licensors is granted under this
1.344 -Agreement.
1.345 -
1.346 -6. Java Compatibility and Open Source.
1.347 -
1.348 -Software may contain Java technology. You may not create
1.349 -additional classes to, or modifications of, the Java
1.350 -technology, except under compatibility requirements
1.351 -available under a separate agreement available at
1.352 -www.java.net.
1.353 -
1.354 -Sun supports and benefits from the global community of open
1.355 -source developers, and thanks the community for its
1.356 -important contributions and open standards-based technology,
1.357 -which Sun has adopted into many of its products.
1.358 -
1.359 -Please note that portions of Software may be provided with
1.360 -notices and open source licenses from such communities and
1.361 -third parties that govern the use of those portions, and any
1.362 -licenses granted hereunder do not alter any rights and
1.363 -obligations you may have under such open source licenses,
1.364 -however, the disclaimer of warranty and limitation of
1.365 -liability provisions in this Agreement will apply to all
1.366 -Software in this distribution.
1.367 -
1.368 -7. Term and Termination.
1.369 -
1.370 -The license and service term are set forth in your
1.371 -Entitlement(s). Your rights under this Agreement will
1.372 -terminate immediately without notice from Sun if you
1.373 -materially breach it or take any action in derogation of
1.374 -Sun's and/or its licensors' rights to Software. Sun may
1.375 -terminate this Agreement should any Software become, or in
1.376 -Sun's reasonable opinion likely to become, the subject of a
1.377 -claim of intellectual property infringement or trade secret
1.378 -misappropriation. Upon termination, you will cease use of,
1.379 -and destroy, Software and confirm compliance in writing to
1.380 -Sun. Sections 1, 5, 6, 7, and 9-15 will survive termination
1.381 -of the Agreement.
1.382 -
1.383 -8. Limited Warranty.
1.384 -
1.385 -Sun warrants to you that for a period of 90 days from the
1.386 -date of purchase, as evidenced by a copy of the receipt, the
1.387 -media on which Software is furnished (if any) will be free
1.388 -of defects in materials and workmanship under normal use.
1.389 -Except for the foregoing, Software is provided "AS IS". Your
1.390 -exclusive remedy and Sun's entire liability under this
1.391 -limited warranty will be at Sun's option to replace Software
1.392 -media or refund the fee paid for Software. Some states do
1.393 -not allow limitations on certain implied warranties, so the
1.394 -above may not apply to you. This limited warranty gives you
1.395 -specific legal rights. You may have others, which vary from
1.396 -state to state.
1.397 -
1.398 -9. Disclaimer of Warranty.
1.399 -
1.400 -UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED
1.401 -CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY
1.402 -IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
1.403 -PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED,
1.404 -EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE
1.405 -LEGALLY INVALID.
1.406 -
1.407 -10. Limitation of Liability.
1.408 -
1.409 -TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR
1.410 -ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR
1.411 -DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR
1.412 -PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF
1.413 -LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR
1.414 -INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF
1.415 -THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun's
1.416 -liability to you, whether in contract, tort (including
1.417 -negligence), or otherwise, exceed the amount paid by you for
1.418 -Software under this Agreement. The foregoing limitations
1.419 -will apply even if the above stated warranty fails of its
1.420 -essential purpose. Some states do not allow the exclusion of
1.421 -incidental or consequential damages, so some of the terms
1.422 -above may not be applicable to you.
1.423 -
1.424 -11. Export Regulations.
1.425 -
1.426 -All Software, documents, technical data, and any other
1.427 -materials delivered under this Agreement are subject to U.S.
1.428 -export control laws and may be subject to export or import
1.429 -regulations in other countries. You agree to comply strictly
1.430 -with these laws and regulations and acknowledge that you
1.431 -have the responsibility to obtain any licenses to export,
1.432 -re-export, or import as may be required after delivery to
1.433 -you.
1.434 -
1.435 -12. U.S. Government Restricted Rights.
1.436 -
1.437 -If Software is being acquired by or on behalf of the U.S.
1.438 -Government or by a U.S. Government prime contractor or
1.439 -subcontractor (at any tier), then the Government's rights in
1.440 -Software and accompanying documentation will be only as set
1.441 -forth in this Agreement; this is in accordance with 48 CFR
1.442 -227.7201 through 227.7202-4 (for Department of Defense (DOD)
1.443 -acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD
1.444 -acquisitions).
1.445 -
1.446 -13. Governing Law.
1.447 -
1.448 -Any action related to this Agreement will be governed by
1.449 -California law and controlling U.S. federal law. No choice
1.450 -of law rules of any jurisdiction will apply.
1.451 -
1.452 -14. Severability.
1.453 -
1.454 -If any provision of this Agreement is held to be
1.455 -unenforceable, this Agreement will remain in effect with the
1.456 -provision omitted, unless omission would frustrate the
1.457 -intent of the parties, in which case this Agreement will
1.458 -immediately terminate.
1.459 -
1.460 -15. Integration.
1.461 -
1.462 -This Agreement, including any terms contained in your
1.463 -Entitlement, is the entire agreement between you and Sun
1.464 -relating to its subject matter. It supersedes all prior or
1.465 -contemporaneous oral or written communications, proposals,
1.466 -representations and warranties and prevails over any
1.467 -conflicting or additional terms of any quote, order,
1.468 -acknowledgment, or other communication between the parties
1.469 -relating to its subject matter during the term of this
1.470 -Agreement. No modification of this Agreement will be
1.471 -binding, unless in writing and signed by an authorized
1.472 -representative of each party.
1.473 -
1.474 -Please contact Sun Microsystems, Inc. 4150 Network Circle,
1.475 -Santa Clara, California 95054 if you have questions.
1.476 -
1.477 -************************************************************
1.478 -
1.479 -LICENSE #6:
1.480 -
1.481 -Oracle Corporation ("Oracle") ENTITLEMENT for SOFTWARE
1.482 -
1.483 -Licensee/Company: Entity receiving Software.
1.484 -
1.485 -Effective Date: Date of delivery of the Software to You.
1.486 -
1.487 -Software: JavaFX Software Development Kit (SDK).
1.488 -
1.489 -License Term: Perpetual (subject to termination under the SLA).
1.490 -
1.491 -Licensed Unit: Software Copy.
1.492 -
1.493 -Licensed Unit Count: One (1).
1.494 -
1.495 -Permitted Uses: You may use the Software for Your own
1.496 -Individual, Commercial, or Research and Instructional Use
1.497 -for the purposes of designing, developing, testing, and
1.498 -running Your Programs, subject to and conditioned on Your
1.499 -compliance with the Additional Terms below.
1.500 -
1.501 -Additional Terms:
1.502 -
1.503 -1. "Programs" means applications intended to run on the
1.504 -JavaFX Desktop Runtime on JavaFX-enabled General Purpose
1.505 -Desktop Computers and Servers.
1.506 -
1.507 -2. "General Purpose Desktop Computers and Servers" means
1.508 -computers, including desktop, laptop and tablet computers,
1.509 -or servers, used for general computing functions under end
1.510 -user control (such as but not specifically limited to email,
1.511 -general purpose Internet browsing, and office suite
1.512 -productivity tools). The use of Software in systems and
1.513 -solutions that provide dedicated functionality (other than
1.514 -as mentioned above) or designed for use in embedded or
1.515 -function-specific software applications, for example but not
1.516 -limited to: Software embedded in or bundled with industrial
1.517 -control systems, wireless mobile telephones, wireless
1.518 -handheld devices, kiosks, TV/STB, Blu-ray Disc devices,
1.519 -telematics and network control switching equipment, printers
1.520 -and storage management systems, and other related systems,
1.521 -are excluded from the definition of General Purpose Desktop
1.522 -Computers and Servers and are not licensed under this
1.523 -Agreement.
1.524 -
1.525 -3. Notwithstanding anything to the contrary in any Master
1.526 -Terms between the parties or in the SLA, Master Terms do not
1.527 -apply to Software under this Agreement.
1.528 -
1.529 -4. JavaFX Technology Restrictions. You may not create,
1.530 -modify, or change the behavior of classes, interfaces, or
1.531 -subpackages that are in any way identified as "javafx",
1.532 -"Oracle" or similar convention as specified by Oracle in any
1.533 -naming convention designation.
1.534 -
1.535 -5. Installation and Auto-Update. The Software's
1.536 -installation and auto-update processes transmit a limited
1.537 -amount of data to Oracle (or its service provider) about
1.538 -those specific processes to help Oracle understand and
1.539 -optimize them. Oracle does not associate the data with
1.540 -personally identifiable information. You can find more
1.541 -information about the data Oracle collects at
1.542 -http://java.com/data/.
1.543 -
1.544 -
1.545 -Oracle Corporation ("Oracle")
1.546 -SOFTWARE LICENSE AGREEMENT
1.547 -
1.548 -READ THE TERMS OF THIS AGREEMENT ("AGREEMENT") CAREFULLY
1.549 -BEFORE OPENING SOFTWARE MEDIA PACKAGE. BY OPENING SOFTWARE
1.550 -MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF
1.551 -YOU ARE ACCESSING SOFTWARE ELECTRONICALLY, INDICATE YOUR
1.552 -ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" (OR
1.553 -EQUIVALENT) BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO
1.554 -NOT AGREE TO ALL OF THE TERMS, PROMPTLY RETURN THE UNUSED
1.555 -SOFTWARE TO YOUR PLACE OF PURCHASE FOR A REFUND OR, IF
1.556 -SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE"
1.557 -(OR "EXIT") BUTTON AT THE END OF THIS AGREEMENT. IF YOU HAVE
1.558 -SEPARATELY AGREED TO LICENSE TERMS ("MASTER TERMS") FOR YOUR
1.559 -LICENSE TO THIS SOFTWARE, THEN SECTIONS 1-6 OF THIS
1.560 -AGREEMENT ("SUPPLEMENTAL LICENSE TERMS") SHALL SUPPLEMENT
1.561 -AND SUPERSEDE THE MASTER TERMS IN RELATION TO THIS SOFTWARE.
1.562 -
1.563 -1. Definitions.
1.564 -
1.565 -(a) "Entitlement" means the collective set of applicable
1.566 -documents authorized by Oracle evidencing your obligation to
1.567 -pay associated fees (if any) for the license, associated
1.568 -Services, and the authorized scope of use of Software under
1.569 -this Agreement.
1.570 -
1.571 -(b) "Licensed Unit" means the unit of measure by which
1.572 -your use of Software and/or Service is licensed, as
1.573 -described in your Entitlement.
1.574 -
1.575 -(c) "Permitted Use" means the licensed Software use(s)
1.576 -authorized in this Agreement as specified in your
1.577 -Entitlement. The Permitted Use for any bundled Oracle
1.578 -software not specified in your Entitlement will be
1.579 -evaluation use as provided in Section 3.
1.580 -
1.581 -
1.582 -(d) "Service" means the service(s) that Oracle or its
1.583 -delegate will provide, if any, as selected in your
1.584 -Entitlement and as further described in the applicable
1.585 -service listings at www.oracle.com/support.
1.586 -
1.587 -(e) "Software" means the Oracle software described in
1.588 -your Entitlement. Also, certain software may be included for
1.589 -evaluation use under Section 3.
1.590 -
1.591 -(f) "You" and "Your" means the individual or legal
1.592 -entity specified in the Entitlement, or for evaluation
1.593 -purposes, the entity performing the evaluation.
1.594 -
1.595 -2. License Grant and Entitlement.
1.596 -
1.597 -Subject to the terms of your Entitlement, Oracle grants you
1.598 -a nonexclusive, nontransferable limited license to use
1.599 -Software for its Permitted Use for the license term. Your
1.600 -Entitlement will specify (a) Software licensed, (b) the
1.601 -Permitted Use, (c) the license term, and (d) the Licensed
1.602 -Units.
1.603 -
1.604 -Additionally, if your Entitlement includes Services, then it
1.605 -will also specify the (e) Service and (f) service term.
1.606 -
1.607 -If your rights to Software or Services are limited in
1.608 -duration and the date such rights begin is other than the
1.609 -purchase date, your Entitlement will provide that beginning
1.610 -date(s).
1.611 -
1.612 -The Entitlement may be delivered to you in various ways
1.613 -depending on the manner in which you obtain Software and
1.614 -Services, for example, the Entitlement may be provided in
1.615 -your receipt, invoice or your contract with Oracle or
1.616 -authorized Oracle reseller. It may also be in electronic
1.617 -format if you download Software.
1.618 -
1.619 -3. Permitted Use.
1.620 -
1.621 -As selected in your Entitlement, one or more of the
1.622 -following Permitted Uses will apply to your use of Software.
1.623 -Unless you have an Entitlement that expressly permits it,
1.624 -you may not use Software for any of the other Permitted
1.625 -Uses. If you don't have an Entitlement, or if your
1.626 -Entitlement doesn't cover additional software delivered to
1.627 -you, then such software is for your Evaluation Use.
1.628 -
1.629 -(a) Evaluation Use. You may evaluate Software internally for
1.630 -a period of 90 days from your first use.
1.631 -
1.632 -(b) Research and Instructional Use. You may use Software
1.633 -internally to design, develop and test, and also to provide
1.634 -instruction on such uses.
1.635 -
1.636 -(c) Individual Use. You may use Software internally for
1.637 -personal, individual use.
1.638 -
1.639 -(d) Commercial Use. You may use Software internally for your
1.640 -own commercial purposes.
1.641 -
1.642 -(e) Service Provider Use. You may make Software
1.643 -functionality accessible (but not by providing Software
1.644 -itself or through outsourcing services) to your end users in
1.645 -an extranet deployment, but not to your affiliated companies
1.646 -or to government agencies.
1.647 -
1.648 -4. Licensed Units.
1.649 -
1.650 -Your Permitted Use is limited to the number of Licensed
1.651 -Units stated in your Entitlement. If you require additional
1.652 -Licensed Units, you will need additional Entitlement(s).
1.653 -
1.654 -5. Restrictions.
1.655 -
1.656 -(a) The copies of Software provided to you under this
1.657 -Agreement are licensed, not sold, to you by Oracle. Oracle
1.658 -reserves all rights not expressly granted. (b) You may make
1.659 -a single archival copy of Software, but otherwise may not
1.660 -copy, modify, or distribute Software. However if the Oracle
1.661 -documentation accompanying Software lists specific portions
1.662 -of Software, such as header files, class libraries,
1.663 -reference source code, and/or redistributable files, that
1.664 -may be handled differently, you may do so only as provided
1.665 -in the Oracle documentation. (c) You may not rent, lease,
1.666 -lend or encumber Software. (d) Unless enforcement is
1.667 -prohibited by applicable law, you may not decompile, or
1.668 -reverse engineer Software. (e) The terms and conditions of
1.669 -this Agreement will apply to any Software updates, provided
1.670 -to you at Oracle's discretion, that replace and/or
1.671 -supplement the original Software, unless such update
1.672 -contains a separate license. (f) You may not publish or
1.673 -provide the results of any benchmark or comparison tests run
1.674 -on Software to any third party without the prior written
1.675 -consent of Oracle. (g) Software is confidential and
1.676 -copyrighted. (h) Unless otherwise specified, if Software is
1.677 -delivered with embedded or bundled software that enables
1.678 -functionality of Software, you may not use such software on
1.679 -a stand-alone basis or use any portion of such software to
1.680 -interoperate with any program(s) other than Software. (i)
1.681 -Software may contain programs that perform automated
1.682 -collection of system data and/or automated software updating
1.683 -services. System data collected through such programs may be
1.684 -used by Oracle, its subcontractors, and its service delivery
1.685 -partners for the purpose of providing you with remote system
1.686 -services and/or improving Oracle's software and systems. (j)
1.687 -Software is not designed, licensed or intended for use in
1.688 -the design, construction, operation or maintenance of any
1.689 -nuclear facility and Oracle and its licensors disclaim any
1.690 -express or implied warranty of fitness for such uses. (k) No
1.691 -right, title or interest in or to any trademark, service
1.692 -mark, logo or trade name of Oracle or its licensors is
1.693 -granted under this Agreement.
1.694 -
1.695 -6. Java Compatibility and Open Source.
1.696 -
1.697 -Software may contain Java technology. You may not create
1.698 -additional classes to, or modifications of, the Java
1.699 -technology, except under compatibility requirements
1.700 -available under a separate agreement available at
1.701 -www.java.net.
1.702 -
1.703 -Oracle supports and benefits from the global community of
1.704 -open source developers, and thanks the community for its
1.705 -important contributions and open standards-based technology,
1.706 -which Oracle has adopted into many of its products.
1.707 -
1.708 -Please note that portions of Software may be provided with
1.709 -notices and open source licenses from such communities and
1.710 -third parties that govern the use of those portions, and any
1.711 -licenses granted hereunder do not alter any rights and
1.712 -obligations you may have under such open source licenses,
1.713 -however, the disclaimer of warranty and limitation of
1.714 -liability provisions in this Agreement will apply to all
1.715 -Software in this distribution.
1.716 -
1.717 -7. Term and Termination.
1.718 -
1.719 -The license and service term are set forth in your
1.720 -Entitlement(s). Your rights under this Agreement will
1.721 -terminate immediately without notice from Oracle if you
1.722 -materially breach it or take any action in derogation of
1.723 -Oracle's and/or its licensors' rights to Software. Oracle
1.724 -may terminate this Agreement should any Software become, or
1.725 -in Oracle's reasonable opinion likely to become, the subject
1.726 -of a claim of intellectual property infringement or trade
1.727 -secret misappropriation. Upon termination, you will cease
1.728 -use of, and destroy, Software and confirm compliance in
1.729 -writing to Oracle. Sections 1, 5, 6, 7, and 9-15 will
1.730 -survive termination of the Agreement.
1.731 -
1.732 -8. Limited Warranty.
1.733 -
1.734 -Oracle warrants to you that for a period of 90 days from the
1.735 -date of purchase, as evidenced by a copy of the receipt, the
1.736 -media on which Software is furnished (if any) will be free
1.737 -of defects in materials and workmanship under normal use.
1.738 -Except for the foregoing, Software is provided "AS IS". Your
1.739 -exclusive remedy and Oracle's entire liability under this
1.740 -limited warranty will be at Oracle's option to replace
1.741 -Software media or refund the fee paid for Software. Some
1.742 -states do not allow limitations on certain implied
1.743 -warranties, so the above may not apply to you. This limited
1.744 -warranty gives you specific legal rights. You may have
1.745 -others, which vary from state to state.
1.746 -
1.747 -9. Disclaimer of Warranty.
1.748 -
1.749 -UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED
1.750 -CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY
1.751 -IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
1.752 -PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED,
1.753 -EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE
1.754 -LEGALLY INVALID.
1.755 -
1.756 -10. Limitation of Liability.
1.757 -
1.758 -TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL ORACLE
1.759 -OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR
1.760 -DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR
1.761 -PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF
1.762 -LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR
1.763 -INABILITY TO USE SOFTWARE, EVEN IF ORACLE HAS BEEN ADVISED
1.764 -OF THE POSSIBILITY OF SUCH DAMAGES. In no event will
1.765 -Oracle's liability to you, whether in contract, tort
1.766 -(including negligence), or otherwise, exceed the amount paid
1.767 -by you for Software under this Agreement. The foregoing
1.768 -limitations will apply even if the above stated warranty
1.769 -fails of its essential purpose. Some states do not allow the
1.770 -exclusion of incidental or consequential damages, so some of
1.771 -the terms above may not be applicable to you.
1.772 -
1.773 -11. Export Regulations.
1.774 -
1.775 -All Software, documents, technical data, and any other
1.776 -materials delivered under this Agreement are subject to U.S.
1.777 -export control laws and may be subject to export or import
1.778 -regulations in other countries. You agree to comply strictly
1.779 -with these laws and regulations and acknowledge that you
1.780 -have the responsibility to obtain any licenses to export,
1.781 -re-export, or import as may be required after delivery to
1.782 -you.
1.783 -
1.784 -12. U.S. Government Restricted Rights.
1.785 -
1.786 -If Software is being acquired by or on behalf of the U.S.
1.787 -Government or by a U.S. Government prime contractor or
1.788 -subcontractor (at any tier), then the Government's rights in
1.789 -Software and accompanying documentation will be only as set
1.790 -forth in this Agreement; this is in accordance with 48 CFR
1.791 -227.7201 through 227.7202-4 (for Department of Defense (DOD)
1.792 -acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD
1.793 -acquisitions).
1.794 -
1.795 -13. Governing Law.
1.796 -
1.797 -Any action related to this Agreement will be governed by
1.798 -California law and controlling U.S. federal law. No choice
1.799 -of law rules of any jurisdiction will apply.
1.800 -
1.801 -14. Severability.
1.802 -
1.803 -If any provision of this Agreement is held to be
1.804 -unenforceable, this Agreement will remain in effect with the
1.805 -provision omitted, unless omission would frustrate the
1.806 -intent of the parties, in which case this Agreement will
1.807 -immediately terminate.
1.808 -
1.809 -15. Integration.
1.810 -
1.811 -This Agreement, including any terms contained in your
1.812 -Entitlement, is the entire agreement between you and Oracle
1.813 -relating to its subject matter. It supersedes all prior or
1.814 -contemporaneous oral or written communications, proposals,
1.815 -representations and warranties and prevails over any
1.816 -conflicting or additional terms of any quote, order,
1.817 -acknowledgment, or other communication between the parties
1.818 -relating to its subject matter during the term of this
1.819 -Agreement. No modification of this Agreement will be
1.820 -binding, unless in writing and signed by an authorized
1.821 -representative of each party.
1.822 -
1.823 -Please contact Oracle Corporation, 500 Oracle Parkway,
1.824 -Redwood Shores, California 94065 if you have questions.
1.825 -
2.1 --- a/installer/mac/newbuild/dmg/Resources/license.txt Sun Nov 14 21:22:30 2010 +0100
2.2 +++ b/installer/mac/newbuild/dmg/Resources/license.txt Mon Nov 15 11:09:41 2010 +0100
2.3 @@ -1,9 +1,9 @@
2.4 -NETBEANS IDE 6.9 ("Product")
2.5 +NETBEANS IDE 7.0 Beta ("Product")
2.6
2.7 Please review the complete list of open-source licenses
2.8 governing software included in the Product. They can be
2.9 -found in the THIRDPARTYLICENSE.txt file. Oracle elects to
2.10 -use only the GNU Lesser General Public License version 2.1
2.11 +found in the THIRDPARTYLICENSE.txt file. Oracle elects to use
2.12 +only the GNU Lesser General Public License version 2.1
2.13 (LGPL)/GNU General Public License version 2 (GPL) for any
2.14 software where a choice of LGPL/GPL license versions are
2.15 made available with the language indicating that
2.16 @@ -12,7 +12,7 @@
2.17 unspecified.
2.18
2.19 Please review the list of libraries and licenses provided
2.20 -for use. This license file contains six distinct licenses.
2.21 +for use. This license file contains five distinct licenses.
2.22
2.23 Unless specified below, the use of NetBeans IDE and
2.24 components from the GlassFish runtime are governed by the
2.25 @@ -27,20 +27,16 @@
2.26
2.27 LICENSE #2: CDDL.
2.28
2.29 -LICENSE #3: The use of the Sun Java Wireless Toolkit 2.5.2
2.30 +LICENSE #3: The use of the Oracle Java Wireless Toolkit 2.5.2
2.31 for CLDC in the Java ME pack is subject to this Software
2.32 License Agreement and Entitlement.
2.33
2.34 LICENSE #4: The use of the Java ME SDK 3.0 is subject to
2.35 this Software License Agreement and Entitlement.
2.36
2.37 -LICENSE #5: The use of the Java Card Development Kit, 3.0.2
2.38 -is subject to this Software License Agreement and
2.39 -Entitlement.
2.40 +LICENSE #5: The use of Oracle JDBC drivers is subject to
2.41 +this software License Agreement and Entitlement
2.42
2.43 -LICENSE #6: The use of the JavaFX Software Development Kit
2.44 -(SDK) is subject to this Software License Agreement and
2.45 -Entitlement.
2.46
2.47 ************************************************************
2.48
2.49 @@ -427,14 +423,20 @@
2.50
2.51 "CLASSPATH" EXCEPTION TO THE GPL VERSION 2
2.52
2.53 -Certain source files distributed by Oracle Corp. are subject
2.54 -to the following clarification and special exception to the
2.55 -GPL Version 2, but only where Oracle has expressly included
2.56 -in the particular source file's header the words "Oracle
2.57 -designates this particular file as subject to the
2.58 -"Classpath" exception as provided by Oracle in the License
2.59 +Certain source files distributed by Oracle Corporation.
2.60 +are subject to the following clarification and special
2.61 +exception to the GPL Version 2, but only where Oracle has
2.62 +expressly included in the particular source file's header
2.63 +the one of the following statements "Oracle designates
2.64 +this particular file as subject to the "Classpath"
2.65 +exception as provided by Oracle in the License file that
2.66 +accompanied this code."
2.67 +or
2.68 +"Sun designates this particular file as subject to the
2.69 +"Classpath" exception as provided by Sun in the License
2.70 file that accompanied this code."
2.71
2.72 +
2.73 Linking this library statically or dynamically with other
2.74 modules is making a combined work based on this library.
2.75 Thus, the terms and conditions of the GNU General Public
2.76 @@ -680,11 +682,12 @@
2.77
2.78 4.1. New Versions.
2.79
2.80 -Oracle Corp. is the initial license steward and may publish
2.81 -revised and/or new versions of this License from time to
2.82 -time. Each version will be given a distinguishing version
2.83 -number. Except as provided in Section 4.3, no one other than
2.84 -the license steward has the right to modify this License.
2.85 +Oracle Corporation is the initial license steward and
2.86 +may publish revised and/or new versions of this License from
2.87 +time to time. Each version will be given a distinguishing
2.88 +version number. Except as provided in Section 4.3, no one
2.89 +other than the license steward has the right to modify this
2.90 +License.
2.91
2.92 4.2. Effect of New Versions.
2.93
2.94 @@ -1510,725 +1513,11 @@
2.95 ************************************************************
2.96
2.97 LICENSE #5:
2.98 +Oracle JDBC Drivers are made available under the terms of
2.99 +the Oracle Technology Network Development and Distribution
2.100 +License Terms:
2.101 +The License and entitlements are detailed on the following
2.102 +web page:
2.103 +http://www.oracle.com/technetwork/licenses/distribution-license-152002.html
2.104
2.105 -Sun Microsystems, Inc. ("Sun") ENTITLEMENT for SOFTWARE
2.106
2.107 -Licensee/Company: Entity receiving Software.
2.108 -
2.109 -Effective Date: Date of delivery of the Software to You.
2.110 -
2.111 -Software: Java Card Development Kit, 3.0.2.
2.112 -
2.113 -License Term: Perpetual (subject to termination under the SLA)
2.114 -
2.115 -Licensed Unit: Software Copy
2.116 -
2.117 -Licensed unit Count: Unlimited
2.118 -
2.119 -Permitted Uses:
2.120 -
2.121 -1. You may reproduce and use the Software for Your own
2.122 -Individual, Commercial, or Research and Instructional Use
2.123 -for the purposes of designing, developing, testing, and
2.124 -running Your applets and application ("Programs").
2.125 -
2.126 -2. Subject to the terms and conditions of this Agreement and
2.127 -restrictions and exceptions set forth in the Software's
2.128 -documentation, You may reproduce and distribute portions of
2.129 -Software identified as a redistributable in the
2.130 -documentation ("Redistributable"), provided that:
2.131 -
2.132 -(a) You distribute Redistributable complete and unmodified
2.133 -and only bundled as part of Your Programs,
2.134 -
2.135 -(b) Your Programs add significant and primary functionality
2.136 -to the Redistributable,
2.137 -
2.138 -(c) You distribute Redistributable for the sole purpose of
2.139 -running Your Programs,
2.140 -
2.141 -(d) You do not distribute additional software intended to
2.142 -replace any component(s) of the Redistributable,
2.143 -
2.144 -(e) You do not remove or alter any proprietary legends or
2.145 -notices contained in or on the Redistributable.
2.146 -
2.147 -(f) You only distribute the Redistributable subject to a
2.148 -license agreement that protects Sun's interests consistent
2.149 -with the terms contained in this Agreement, and
2.150 -
2.151 -(g) You agree to defend and indemnify Sun and its licensors
2.152 -from and against any damages, costs, liabilities, settlement
2.153 -amounts and/or expenses (including attorneys' fees)
2.154 -incurred in connection with any claim, lawsuit or action by
2.155 -any third party that arises or results from the use or
2.156 -distribution of any and all Programs and/or Redistributable.
2.157 -
2.158 -3. Java Technology Restrictions. You may not create,
2.159 -modify, or change the behavior of, or authorize your
2.160 -licensees to create, modify, or change the behavior of,
2.161 -classes, interfaces, or subpackages that are in any way
2.162 -identified as "java", "javax", "sun" or similar convention
2.163 -as specified by Sun in any naming convention designation.
2.164 -
2.165 -4. No Diagnostic, Maintenance, Repair or Technical Support
2.166 -Services. The scope of Your license does not include any
2.167 -right, express or implied, (i) to access, copy, distribute,
2.168 -display or use the Software to provide diagnostic,
2.169 -maintenance, repair or technical support services for Sun
2.170 -software or Sun hardware on behalf of any third party for
2.171 -Your direct or indirect commercial gain or advantage,
2.172 -without Sun's prior written authorization, or (ii) for any
2.173 -third party to access, copy, distribute, display or use the
2.174 -Software to provide diagnostic, maintenance, repair or
2.175 -technical support services for Sun software or Sun hardware
2.176 -on Your behalf for such party's direct or indirect
2.177 -commercial gain or advantage, without Sun's prior written
2.178 -authorization. The limitations set forth in this paragraph
2.179 -apply to any and all error corrections, patches, updates,
2.180 -and upgrades to the Software You may receive, access,
2.181 -download or otherwise obtain from Sun.
2.182 -
2.183 -5. Records and Documentation. During the term of the SLA
2.184 -and Entitlement, and for a period of three (3) years
2.185 -thereafter, You agree to keep proper records and
2.186 -documentation of Your compliance with the SLA and
2.187 -Entitlement. Upon Sun's reasonable request, You will provide
2.188 -copies of such records and documentation to Sun for the
2.189 -purpose of confirming Your compliance with the terms and
2.190 -conditions of the SLA and Entitlement. This section will
2.191 -survive any termination of the SLA and Entitlement. You may
2.192 -terminate this SLA and Entitlement at any time by destroying
2.193 -all copies of the Software in which case the obligations set
2.194 -forth in Section 7 of the SLA shall apply.
2.195 -
2.196 -
2.197 -Sun Microsystems, Inc. ("Sun")
2.198 -SOFTWARE LICENSE AGREEMENT
2.199 -
2.200 -READ THE TERMS OF THIS AGREEMENT ("AGREEMENT") CAREFULLY
2.201 -BEFORE OPENING SOFTWARE MEDIA PACKAGE. BY OPENING SOFTWARE
2.202 -MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF
2.203 -YOU ARE ACCESSING SOFTWARE ELECTRONICALLY, INDICATE YOUR
2.204 -ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON
2.205 -AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF
2.206 -THE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE
2.207 -OF PURCHASE FOR A REFUND OR, IF SOFTWARE IS ACCESSED
2.208 -ELECTRONICALLY, SELECT THE "DECLINE" (OR "EXIT") BUTTON AT
2.209 -THE END OF THIS AGREEMENT. IF YOU HAVE SEPARATELY AGREED TO
2.210 -LICENSE TERMS ("MASTER TERMS") FOR YOUR LICENSE TO THIS
2.211 -SOFTWARE, THEN SECTIONS 1-6 OF THIS AGREEMENT ("SUPPLEMENTAL
2.212 -LICENSE TERMS") SHALL SUPPLEMENT AND SUPERSEDE THE MASTER
2.213 -TERMS IN RELATION TO THIS SOFTWARE.
2.214 -
2.215 -1. Definitions.
2.216 -
2.217 -(a) "Entitlement" means the collective set of applicable
2.218 -documents authorized by Sun evidencing your obligation to
2.219 -pay associated fees (if any) for the license, associated
2.220 -Services, and the authorized scope of use of Software under
2.221 -this Agreement.
2.222 -
2.223 -(b) "Licensed Unit" means the unit of measure by which
2.224 -your use of Software and/or Service is licensed, as
2.225 -described in your Entitlement.
2.226 -
2.227 -(c) "Permitted Use" means the licensed Software use(s)
2.228 -authorized in this Agreement as specified in your
2.229 -Entitlement. The Permitted Use for any bundled Sun software
2.230 -not specified in your Entitlement will be evaluation use as
2.231 -provided in Section 3.
2.232 -
2.233 -(d) "Service" means the service(s) that Sun or its
2.234 -delegate will provide, if any, as selected in your
2.235 -Entitlement and as further described in the applicable
2.236 -service listings at www.sun.com/service/servicelist.
2.237 -
2.238 -(e) "Software" means the Sun software described in your
2.239 -Entitlement. Also, certain software may be included for
2.240 -evaluation use under Section 3.
2.241 -
2.242 -(f) "You" and "Your" means the individual or legal
2.243 -entity specified in the Entitlement, or for evaluation
2.244 -purposes, the entity performing the evaluation.
2.245 -
2.246 -2. License Grant and Entitlement.
2.247 -
2.248 -Subject to the terms of your Entitlement, Sun grants you a
2.249 -nonexclusive, nontransferable limited license to use
2.250 -Software for its Permitted Use for the license term. Your
2.251 -Entitlement will specify (a) Software licensed, (b) the
2.252 -Permitted Use, (c) the license term, and (d) the Licensed
2.253 -Units.
2.254 -
2.255 -Additionally, if your Entitlement includes Services, then it
2.256 -will also specify the (e) Service and (f) service term.
2.257 -
2.258 -If your rights to Software or Services are limited in
2.259 -duration and the date such rights begin is other than the
2.260 -purchase date, your Entitlement will provide that beginning
2.261 -date(s).
2.262 -
2.263 -The Entitlement may be delivered to you in various ways
2.264 -depending on the manner in which you obtain Software and
2.265 -Services, for example, the Entitlement may be provided in
2.266 -your receipt, invoice or your contract with Sun or
2.267 -authorized Sun reseller. It may also be in electronic format
2.268 -if you download Software.
2.269 -
2.270 -3. Permitted Use.
2.271 -
2.272 -As selected in your Entitlement, one or more of the
2.273 -following Permitted Uses will apply to your use of Software.
2.274 -Unless you have an Entitlement that expressly permits it,
2.275 -you may not use Software for any of the other Permitted
2.276 -Uses. If you don't have an Entitlement, or if your
2.277 -Entitlement doesn't cover additional software delivered to
2.278 -you, then such software is for your Evaluation Use.
2.279 -
2.280 -(a) Evaluation Use. You may evaluate Software internally for
2.281 -a period of 90 days from your first use.
2.282 -
2.283 -(b) Research and Instructional Use. You may use Software
2.284 -internally to design, develop and test, and also to provide
2.285 -instruction on such uses.
2.286 -
2.287 -(c) Individual Use. You may use Software internally for
2.288 -personal, individual use.
2.289 -
2.290 -(d) Commercial Use. You may use Software internally for your
2.291 -own commercial purposes.
2.292 -
2.293 -(e) Service Provider Use. You may make Software
2.294 -functionality accessible (but not by providing Software
2.295 -itself or through outsourcing services) to your end users in
2.296 -an extranet deployment, but not to your affiliated companies
2.297 -or to government agencies.
2.298 -
2.299 -4. Licensed Units.
2.300 -
2.301 -Your Permitted Use is limited to the number of Licensed
2.302 -Units stated in your Entitlement. If you require additional
2.303 -Licensed Units, you will need additional Entitlement(s).
2.304 -
2.305 -5. Restrictions.
2.306 -
2.307 -(a) The copies of Software provided to you under this
2.308 -Agreement are licensed, not sold, to you by Sun. Sun
2.309 -reserves all rights not expressly granted. (b) You may make
2.310 -a single archival copy of Software, but otherwise may not
2.311 -copy, modify, or distribute Software. However if the Sun
2.312 -documentation accompanying Software lists specific portions
2.313 -of Software, such as header files, class libraries,
2.314 -reference source code, and/or redistributable files, that
2.315 -may be handled differently, you may do so only as provided
2.316 -in the Sun documentation. (c) You may not rent, lease, lend
2.317 -or encumber Software. (d) Unless enforcement is prohibited
2.318 -by applicable law, you may not decompile, or reverse
2.319 -engineer Software. (e) The terms and conditions of this
2.320 -Agreement will apply to any Software updates, provided to
2.321 -you at Sun's discretion, that replace and/or supplement the
2.322 -original Software, unless such update contains a separate
2.323 -license. (f) You may not publish or provide the results of
2.324 -any benchmark or comparison tests run on Software to any
2.325 -third party without the prior written consent of Sun. (g)
2.326 -Software is confidential and copyrighted. (h) Unless
2.327 -otherwise specified, if Software is delivered with embedded
2.328 -or bundled software that enables functionality of Software,
2.329 -you may not use such software on a stand-alone basis or use
2.330 -any portion of such software to interoperate with any
2.331 -program(s) other than Software. (i) Software may contain
2.332 -programs that perform automated collection of system data
2.333 -and/or automated software updating services. System data
2.334 -collected through such programs may be used by Sun, its
2.335 -subcontractors, and its service delivery partners for the
2.336 -purpose of providing you with remote system services and/or
2.337 -improving Sun's software and systems. (j) Software is not
2.338 -designed, licensed or intended for use in the design,
2.339 -construction, operation or maintenance of any nuclear
2.340 -facility and Sun and its licensors disclaim any express or
2.341 -implied warranty of fitness for such uses. (k) No right,
2.342 -title or interest in or to any trademark, service mark, logo
2.343 -or trade name of Sun or its licensors is granted under this
2.344 -Agreement.
2.345 -
2.346 -6. Java Compatibility and Open Source.
2.347 -
2.348 -Software may contain Java technology. You may not create
2.349 -additional classes to, or modifications of, the Java
2.350 -technology, except under compatibility requirements
2.351 -available under a separate agreement available at
2.352 -www.java.net.
2.353 -
2.354 -Sun supports and benefits from the global community of open
2.355 -source developers, and thanks the community for its
2.356 -important contributions and open standards-based technology,
2.357 -which Sun has adopted into many of its products.
2.358 -
2.359 -Please note that portions of Software may be provided with
2.360 -notices and open source licenses from such communities and
2.361 -third parties that govern the use of those portions, and any
2.362 -licenses granted hereunder do not alter any rights and
2.363 -obligations you may have under such open source licenses,
2.364 -however, the disclaimer of warranty and limitation of
2.365 -liability provisions in this Agreement will apply to all
2.366 -Software in this distribution.
2.367 -
2.368 -7. Term and Termination.
2.369 -
2.370 -The license and service term are set forth in your
2.371 -Entitlement(s). Your rights under this Agreement will
2.372 -terminate immediately without notice from Sun if you
2.373 -materially breach it or take any action in derogation of
2.374 -Sun's and/or its licensors' rights to Software. Sun may
2.375 -terminate this Agreement should any Software become, or in
2.376 -Sun's reasonable opinion likely to become, the subject of a
2.377 -claim of intellectual property infringement or trade secret
2.378 -misappropriation. Upon termination, you will cease use of,
2.379 -and destroy, Software and confirm compliance in writing to
2.380 -Sun. Sections 1, 5, 6, 7, and 9-15 will survive termination
2.381 -of the Agreement.
2.382 -
2.383 -8. Limited Warranty.
2.384 -
2.385 -Sun warrants to you that for a period of 90 days from the
2.386 -date of purchase, as evidenced by a copy of the receipt, the
2.387 -media on which Software is furnished (if any) will be free
2.388 -of defects in materials and workmanship under normal use.
2.389 -Except for the foregoing, Software is provided "AS IS". Your
2.390 -exclusive remedy and Sun's entire liability under this
2.391 -limited warranty will be at Sun's option to replace Software
2.392 -media or refund the fee paid for Software. Some states do
2.393 -not allow limitations on certain implied warranties, so the
2.394 -above may not apply to you. This limited warranty gives you
2.395 -specific legal rights. You may have others, which vary from
2.396 -state to state.
2.397 -
2.398 -9. Disclaimer of Warranty.
2.399 -
2.400 -UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED
2.401 -CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY
2.402 -IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
2.403 -PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED,
2.404 -EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE
2.405 -LEGALLY INVALID.
2.406 -
2.407 -10. Limitation of Liability.
2.408 -
2.409 -TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR
2.410 -ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR
2.411 -DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR
2.412 -PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF
2.413 -LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR
2.414 -INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF
2.415 -THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun's
2.416 -liability to you, whether in contract, tort (including
2.417 -negligence), or otherwise, exceed the amount paid by you for
2.418 -Software under this Agreement. The foregoing limitations
2.419 -will apply even if the above stated warranty fails of its
2.420 -essential purpose. Some states do not allow the exclusion of
2.421 -incidental or consequential damages, so some of the terms
2.422 -above may not be applicable to you.
2.423 -
2.424 -11. Export Regulations.
2.425 -
2.426 -All Software, documents, technical data, and any other
2.427 -materials delivered under this Agreement are subject to U.S.
2.428 -export control laws and may be subject to export or import
2.429 -regulations in other countries. You agree to comply strictly
2.430 -with these laws and regulations and acknowledge that you
2.431 -have the responsibility to obtain any licenses to export,
2.432 -re-export, or import as may be required after delivery to
2.433 -you.
2.434 -
2.435 -12. U.S. Government Restricted Rights.
2.436 -
2.437 -If Software is being acquired by or on behalf of the U.S.
2.438 -Government or by a U.S. Government prime contractor or
2.439 -subcontractor (at any tier), then the Government's rights in
2.440 -Software and accompanying documentation will be only as set
2.441 -forth in this Agreement; this is in accordance with 48 CFR
2.442 -227.7201 through 227.7202-4 (for Department of Defense (DOD)
2.443 -acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD
2.444 -acquisitions).
2.445 -
2.446 -13. Governing Law.
2.447 -
2.448 -Any action related to this Agreement will be governed by
2.449 -California law and controlling U.S. federal law. No choice
2.450 -of law rules of any jurisdiction will apply.
2.451 -
2.452 -14. Severability.
2.453 -
2.454 -If any provision of this Agreement is held to be
2.455 -unenforceable, this Agreement will remain in effect with the
2.456 -provision omitted, unless omission would frustrate the
2.457 -intent of the parties, in which case this Agreement will
2.458 -immediately terminate.
2.459 -
2.460 -15. Integration.
2.461 -
2.462 -This Agreement, including any terms contained in your
2.463 -Entitlement, is the entire agreement between you and Sun
2.464 -relating to its subject matter. It supersedes all prior or
2.465 -contemporaneous oral or written communications, proposals,
2.466 -representations and warranties and prevails over any
2.467 -conflicting or additional terms of any quote, order,
2.468 -acknowledgment, or other communication between the parties
2.469 -relating to its subject matter during the term of this
2.470 -Agreement. No modification of this Agreement will be
2.471 -binding, unless in writing and signed by an authorized
2.472 -representative of each party.
2.473 -
2.474 -Please contact Sun Microsystems, Inc. 4150 Network Circle,
2.475 -Santa Clara, California 95054 if you have questions.
2.476 -
2.477 -************************************************************
2.478 -
2.479 -LICENSE #6:
2.480 -
2.481 -Oracle Corporation ("Oracle") ENTITLEMENT for SOFTWARE
2.482 -
2.483 -Licensee/Company: Entity receiving Software.
2.484 -
2.485 -Effective Date: Date of delivery of the Software to You.
2.486 -
2.487 -Software: JavaFX Software Development Kit (SDK).
2.488 -
2.489 -License Term: Perpetual (subject to termination under the SLA).
2.490 -
2.491 -Licensed Unit: Software Copy.
2.492 -
2.493 -Licensed Unit Count: One (1).
2.494 -
2.495 -Permitted Uses: You may use the Software for Your own
2.496 -Individual, Commercial, or Research and Instructional Use
2.497 -for the purposes of designing, developing, testing, and
2.498 -running Your Programs, subject to and conditioned on Your
2.499 -compliance with the Additional Terms below.
2.500 -
2.501 -Additional Terms:
2.502 -
2.503 -1. "Programs" means applications intended to run on the
2.504 -JavaFX Desktop Runtime on JavaFX-enabled General Purpose
2.505 -Desktop Computers and Servers.
2.506 -
2.507 -2. "General Purpose Desktop Computers and Servers" means
2.508 -computers, including desktop, laptop and tablet computers,
2.509 -or servers, used for general computing functions under end
2.510 -user control (such as but not specifically limited to email,
2.511 -general purpose Internet browsing, and office suite
2.512 -productivity tools). The use of Software in systems and
2.513 -solutions that provide dedicated functionality (other than
2.514 -as mentioned above) or designed for use in embedded or
2.515 -function-specific software applications, for example but not
2.516 -limited to: Software embedded in or bundled with industrial
2.517 -control systems, wireless mobile telephones, wireless
2.518 -handheld devices, kiosks, TV/STB, Blu-ray Disc devices,
2.519 -telematics and network control switching equipment, printers
2.520 -and storage management systems, and other related systems,
2.521 -are excluded from the definition of General Purpose Desktop
2.522 -Computers and Servers and are not licensed under this
2.523 -Agreement.
2.524 -
2.525 -3. Notwithstanding anything to the contrary in any Master
2.526 -Terms between the parties or in the SLA, Master Terms do not
2.527 -apply to Software under this Agreement.
2.528 -
2.529 -4. JavaFX Technology Restrictions. You may not create,
2.530 -modify, or change the behavior of classes, interfaces, or
2.531 -subpackages that are in any way identified as "javafx",
2.532 -"Oracle" or similar convention as specified by Oracle in any
2.533 -naming convention designation.
2.534 -
2.535 -5. Installation and Auto-Update. The Software's
2.536 -installation and auto-update processes transmit a limited
2.537 -amount of data to Oracle (or its service provider) about
2.538 -those specific processes to help Oracle understand and
2.539 -optimize them. Oracle does not associate the data with
2.540 -personally identifiable information. You can find more
2.541 -information about the data Oracle collects at
2.542 -http://java.com/data/.
2.543 -
2.544 -
2.545 -Oracle Corporation ("Oracle")
2.546 -SOFTWARE LICENSE AGREEMENT
2.547 -
2.548 -READ THE TERMS OF THIS AGREEMENT ("AGREEMENT") CAREFULLY
2.549 -BEFORE OPENING SOFTWARE MEDIA PACKAGE. BY OPENING SOFTWARE
2.550 -MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF
2.551 -YOU ARE ACCESSING SOFTWARE ELECTRONICALLY, INDICATE YOUR
2.552 -ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" (OR
2.553 -EQUIVALENT) BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO
2.554 -NOT AGREE TO ALL OF THE TERMS, PROMPTLY RETURN THE UNUSED
2.555 -SOFTWARE TO YOUR PLACE OF PURCHASE FOR A REFUND OR, IF
2.556 -SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE"
2.557 -(OR "EXIT") BUTTON AT THE END OF THIS AGREEMENT. IF YOU HAVE
2.558 -SEPARATELY AGREED TO LICENSE TERMS ("MASTER TERMS") FOR YOUR
2.559 -LICENSE TO THIS SOFTWARE, THEN SECTIONS 1-6 OF THIS
2.560 -AGREEMENT ("SUPPLEMENTAL LICENSE TERMS") SHALL SUPPLEMENT
2.561 -AND SUPERSEDE THE MASTER TERMS IN RELATION TO THIS SOFTWARE.
2.562 -
2.563 -1. Definitions.
2.564 -
2.565 -(a) "Entitlement" means the collective set of applicable
2.566 -documents authorized by Oracle evidencing your obligation to
2.567 -pay associated fees (if any) for the license, associated
2.568 -Services, and the authorized scope of use of Software under
2.569 -this Agreement.
2.570 -
2.571 -(b) "Licensed Unit" means the unit of measure by which
2.572 -your use of Software and/or Service is licensed, as
2.573 -described in your Entitlement.
2.574 -
2.575 -(c) "Permitted Use" means the licensed Software use(s)
2.576 -authorized in this Agreement as specified in your
2.577 -Entitlement. The Permitted Use for any bundled Oracle
2.578 -software not specified in your Entitlement will be
2.579 -evaluation use as provided in Section 3.
2.580 -
2.581 -
2.582 -(d) "Service" means the service(s) that Oracle or its
2.583 -delegate will provide, if any, as selected in your
2.584 -Entitlement and as further described in the applicable
2.585 -service listings at www.oracle.com/support.
2.586 -
2.587 -(e) "Software" means the Oracle software described in
2.588 -your Entitlement. Also, certain software may be included for
2.589 -evaluation use under Section 3.
2.590 -
2.591 -(f) "You" and "Your" means the individual or legal
2.592 -entity specified in the Entitlement, or for evaluation
2.593 -purposes, the entity performing the evaluation.
2.594 -
2.595 -2. License Grant and Entitlement.
2.596 -
2.597 -Subject to the terms of your Entitlement, Oracle grants you
2.598 -a nonexclusive, nontransferable limited license to use
2.599 -Software for its Permitted Use for the license term. Your
2.600 -Entitlement will specify (a) Software licensed, (b) the
2.601 -Permitted Use, (c) the license term, and (d) the Licensed
2.602 -Units.
2.603 -
2.604 -Additionally, if your Entitlement includes Services, then it
2.605 -will also specify the (e) Service and (f) service term.
2.606 -
2.607 -If your rights to Software or Services are limited in
2.608 -duration and the date such rights begin is other than the
2.609 -purchase date, your Entitlement will provide that beginning
2.610 -date(s).
2.611 -
2.612 -The Entitlement may be delivered to you in various ways
2.613 -depending on the manner in which you obtain Software and
2.614 -Services, for example, the Entitlement may be provided in
2.615 -your receipt, invoice or your contract with Oracle or
2.616 -authorized Oracle reseller. It may also be in electronic
2.617 -format if you download Software.
2.618 -
2.619 -3. Permitted Use.
2.620 -
2.621 -As selected in your Entitlement, one or more of the
2.622 -following Permitted Uses will apply to your use of Software.
2.623 -Unless you have an Entitlement that expressly permits it,
2.624 -you may not use Software for any of the other Permitted
2.625 -Uses. If you don't have an Entitlement, or if your
2.626 -Entitlement doesn't cover additional software delivered to
2.627 -you, then such software is for your Evaluation Use.
2.628 -
2.629 -(a) Evaluation Use. You may evaluate Software internally for
2.630 -a period of 90 days from your first use.
2.631 -
2.632 -(b) Research and Instructional Use. You may use Software
2.633 -internally to design, develop and test, and also to provide
2.634 -instruction on such uses.
2.635 -
2.636 -(c) Individual Use. You may use Software internally for
2.637 -personal, individual use.
2.638 -
2.639 -(d) Commercial Use. You may use Software internally for your
2.640 -own commercial purposes.
2.641 -
2.642 -(e) Service Provider Use. You may make Software
2.643 -functionality accessible (but not by providing Software
2.644 -itself or through outsourcing services) to your end users in
2.645 -an extranet deployment, but not to your affiliated companies
2.646 -or to government agencies.
2.647 -
2.648 -4. Licensed Units.
2.649 -
2.650 -Your Permitted Use is limited to the number of Licensed
2.651 -Units stated in your Entitlement. If you require additional
2.652 -Licensed Units, you will need additional Entitlement(s).
2.653 -
2.654 -5. Restrictions.
2.655 -
2.656 -(a) The copies of Software provided to you under this
2.657 -Agreement are licensed, not sold, to you by Oracle. Oracle
2.658 -reserves all rights not expressly granted. (b) You may make
2.659 -a single archival copy of Software, but otherwise may not
2.660 -copy, modify, or distribute Software. However if the Oracle
2.661 -documentation accompanying Software lists specific portions
2.662 -of Software, such as header files, class libraries,
2.663 -reference source code, and/or redistributable files, that
2.664 -may be handled differently, you may do so only as provided
2.665 -in the Oracle documentation. (c) You may not rent, lease,
2.666 -lend or encumber Software. (d) Unless enforcement is
2.667 -prohibited by applicable law, you may not decompile, or
2.668 -reverse engineer Software. (e) The terms and conditions of
2.669 -this Agreement will apply to any Software updates, provided
2.670 -to you at Oracle's discretion, that replace and/or
2.671 -supplement the original Software, unless such update
2.672 -contains a separate license. (f) You may not publish or
2.673 -provide the results of any benchmark or comparison tests run
2.674 -on Software to any third party without the prior written
2.675 -consent of Oracle. (g) Software is confidential and
2.676 -copyrighted. (h) Unless otherwise specified, if Software is
2.677 -delivered with embedded or bundled software that enables
2.678 -functionality of Software, you may not use such software on
2.679 -a stand-alone basis or use any portion of such software to
2.680 -interoperate with any program(s) other than Software. (i)
2.681 -Software may contain programs that perform automated
2.682 -collection of system data and/or automated software updating
2.683 -services. System data collected through such programs may be
2.684 -used by Oracle, its subcontractors, and its service delivery
2.685 -partners for the purpose of providing you with remote system
2.686 -services and/or improving Oracle's software and systems. (j)
2.687 -Software is not designed, licensed or intended for use in
2.688 -the design, construction, operation or maintenance of any
2.689 -nuclear facility and Oracle and its licensors disclaim any
2.690 -express or implied warranty of fitness for such uses. (k) No
2.691 -right, title or interest in or to any trademark, service
2.692 -mark, logo or trade name of Oracle or its licensors is
2.693 -granted under this Agreement.
2.694 -
2.695 -6. Java Compatibility and Open Source.
2.696 -
2.697 -Software may contain Java technology. You may not create
2.698 -additional classes to, or modifications of, the Java
2.699 -technology, except under compatibility requirements
2.700 -available under a separate agreement available at
2.701 -www.java.net.
2.702 -
2.703 -Oracle supports and benefits from the global community of
2.704 -open source developers, and thanks the community for its
2.705 -important contributions and open standards-based technology,
2.706 -which Oracle has adopted into many of its products.
2.707 -
2.708 -Please note that portions of Software may be provided with
2.709 -notices and open source licenses from such communities and
2.710 -third parties that govern the use of those portions, and any
2.711 -licenses granted hereunder do not alter any rights and
2.712 -obligations you may have under such open source licenses,
2.713 -however, the disclaimer of warranty and limitation of
2.714 -liability provisions in this Agreement will apply to all
2.715 -Software in this distribution.
2.716 -
2.717 -7. Term and Termination.
2.718 -
2.719 -The license and service term are set forth in your
2.720 -Entitlement(s). Your rights under this Agreement will
2.721 -terminate immediately without notice from Oracle if you
2.722 -materially breach it or take any action in derogation of
2.723 -Oracle's and/or its licensors' rights to Software. Oracle
2.724 -may terminate this Agreement should any Software become, or
2.725 -in Oracle's reasonable opinion likely to become, the subject
2.726 -of a claim of intellectual property infringement or trade
2.727 -secret misappropriation. Upon termination, you will cease
2.728 -use of, and destroy, Software and confirm compliance in
2.729 -writing to Oracle. Sections 1, 5, 6, 7, and 9-15 will
2.730 -survive termination of the Agreement.
2.731 -
2.732 -8. Limited Warranty.
2.733 -
2.734 -Oracle warrants to you that for a period of 90 days from the
2.735 -date of purchase, as evidenced by a copy of the receipt, the
2.736 -media on which Software is furnished (if any) will be free
2.737 -of defects in materials and workmanship under normal use.
2.738 -Except for the foregoing, Software is provided "AS IS". Your
2.739 -exclusive remedy and Oracle's entire liability under this
2.740 -limited warranty will be at Oracle's option to replace
2.741 -Software media or refund the fee paid for Software. Some
2.742 -states do not allow limitations on certain implied
2.743 -warranties, so the above may not apply to you. This limited
2.744 -warranty gives you specific legal rights. You may have
2.745 -others, which vary from state to state.
2.746 -
2.747 -9. Disclaimer of Warranty.
2.748 -
2.749 -UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED
2.750 -CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY
2.751 -IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
2.752 -PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED,
2.753 -EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE
2.754 -LEGALLY INVALID.
2.755 -
2.756 -10. Limitation of Liability.
2.757 -
2.758 -TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL ORACLE
2.759 -OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR
2.760 -DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR
2.761 -PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF
2.762 -LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR
2.763 -INABILITY TO USE SOFTWARE, EVEN IF ORACLE HAS BEEN ADVISED
2.764 -OF THE POSSIBILITY OF SUCH DAMAGES. In no event will
2.765 -Oracle's liability to you, whether in contract, tort
2.766 -(including negligence), or otherwise, exceed the amount paid
2.767 -by you for Software under this Agreement. The foregoing
2.768 -limitations will apply even if the above stated warranty
2.769 -fails of its essential purpose. Some states do not allow the
2.770 -exclusion of incidental or consequential damages, so some of
2.771 -the terms above may not be applicable to you.
2.772 -
2.773 -11. Export Regulations.
2.774 -
2.775 -All Software, documents, technical data, and any other
2.776 -materials delivered under this Agreement are subject to U.S.
2.777 -export control laws and may be subject to export or import
2.778 -regulations in other countries. You agree to comply strictly
2.779 -with these laws and regulations and acknowledge that you
2.780 -have the responsibility to obtain any licenses to export,
2.781 -re-export, or import as may be required after delivery to
2.782 -you.
2.783 -
2.784 -12. U.S. Government Restricted Rights.
2.785 -
2.786 -If Software is being acquired by or on behalf of the U.S.
2.787 -Government or by a U.S. Government prime contractor or
2.788 -subcontractor (at any tier), then the Government's rights in
2.789 -Software and accompanying documentation will be only as set
2.790 -forth in this Agreement; this is in accordance with 48 CFR
2.791 -227.7201 through 227.7202-4 (for Department of Defense (DOD)
2.792 -acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD
2.793 -acquisitions).
2.794 -
2.795 -13. Governing Law.
2.796 -
2.797 -Any action related to this Agreement will be governed by
2.798 -California law and controlling U.S. federal law. No choice
2.799 -of law rules of any jurisdiction will apply.
2.800 -
2.801 -14. Severability.
2.802 -
2.803 -If any provision of this Agreement is held to be
2.804 -unenforceable, this Agreement will remain in effect with the
2.805 -provision omitted, unless omission would frustrate the
2.806 -intent of the parties, in which case this Agreement will
2.807 -immediately terminate.
2.808 -
2.809 -15. Integration.
2.810 -
2.811 -This Agreement, including any terms contained in your
2.812 -Entitlement, is the entire agreement between you and Oracle
2.813 -relating to its subject matter. It supersedes all prior or
2.814 -contemporaneous oral or written communications, proposals,
2.815 -representations and warranties and prevails over any
2.816 -conflicting or additional terms of any quote, order,
2.817 -acknowledgment, or other communication between the parties
2.818 -relating to its subject matter during the term of this
2.819 -Agreement. No modification of this Agreement will be
2.820 -binding, unless in writing and signed by an authorized
2.821 -representative of each party.
2.822 -
2.823 -Please contact Oracle Corporation, 500 Oracle Parkway,
2.824 -Redwood Shores, California 94065 if you have questions.
2.825 -