sun-bcla-jai

Sun Microsystems, Inc.
Binary Code License Agreement
JAVA ADVANCED IMAGING API, VERSION 1.1.2

READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY 
"AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA PACKAGE.  BY OPENING THE SOFTWARE MEDIA 
PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT.  IF YOU ARE ACCESSING THE SOFTWARE 
ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END 
OF THIS AGREEMENT.  IF YOU DO NOT AGREE TO ALL THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO 
YOUR PLACE OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE 
"DECLINE" BUTTON AT THE END OF THIS AGREEMENT.

1.  LICENSE TO USE.  Sun grants you a non-exclusive and non-transferable license for the internal 
use only of the accompanying software and documentation and any error corrections provided by Sun 
(collectively "Software"), by the number of users and the class of computer hardware for which the 
corresponding fee has been paid.

2.  RESTRICTIONS.  Software is confidential and copyrighted. Title to Software and all associated 
intellectual property rights is retained by Sun and/or its licensors.  Except as specifically 
authorized in any Supplemental License Terms, you may not make copies of Software, other than a 
single copy of Software for archival purposes.  Unless enforcement is prohibited by applicable law, 
you may not modify, decompile, or reverse engineer Software.  You acknowledge that Software is not 
designed, licensed or intended for use in the design, construction, operation or maintenance of any 
nuclear facility.  Sun disclaims any express or implied warranty of fitness for such uses.  No 
right, title or interest in or to any trademark, service mark, logo or trade name of Sun or its 
licensors is granted under this Agreement.

3. LIMITED WARRANTY.  Sun warrants to you that for a period of ninety (90) days from the date of 
purchase, as evidenced by a copy of the receipt, the media on which Software is furnished (if any) 
will be free of defects in materials and workmanship under normal use.  Except for the foregoing, 
Software is provided "AS IS".  Your exclusive remedy and Sun's entire liability under this limited 
warranty will be at Sun's option to replace Software media or refund the fee paid for Software.

4.  DISCLAIMER OF WARRANTY.  UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, 
REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A 
PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS 
ARE HELD TO BE LEGALLY INVALID.

5.  LIMITATION OF LIABILITY.  TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS 
LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, 
INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT 
OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE 
POSSIBILITY OF SUCH DAMAGES.  In no event will Sun's liability to you, whether in contract, tort 
(including negligence), or otherwise, exceed the amount paid by you for Software under this 
Agreement.  The foregoing limitations will apply even if the above stated warranty fails of its 
essential purpose.

6.  Termination.  This Agreement is effective until terminated.  You may terminate this Agreement 
at any time by destroying all copies of Software.  This Agreement will terminate immediately 
without notice from Sun if you fail to comply with any provision of this Agreement.  Upon 
Termination, you must destroy all copies of Software.

7. Export Regulations. All Software and technical data delivered under this Agreement are subject 
to US export control laws and may be subject to export or import regulations in other countries.  
You agree to comply strictly with all such laws and regulations and acknowledge that you have the 
responsibility to obtain such licenses to export, re-export, or import as may be required after 
delivery to you.

8.   U.S. Government Restricted Rights.  If Software is being acquired by or on behalf of the U.S. 
Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the 
Government's rights in Software and accompanying documentation will be only as set forth in this 
Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense 
(DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).

9.  Governing Law.  Any action related to this Agreement will be governed by California law and 
controlling U.S. federal law.  No choice of law rules of any jurisdiction will apply.

10.  Severability. If any provision of this Agreement is held to be unenforceable, this Agreement 
will remain in effect with the provision omitted, unless omission would frustrate the intent of the 
parties, in which case this Agreement will immediately terminate.

11.  Integration.  This Agreement is the entire agreement between you and Sun relating to its 
subject matter.  It supersedes all prior or contemporaneous oral or written communications, 
proposals, representations and warranties and prevails over any conflicting or additional terms of 
any quote, order, acknowledgment, or other communication between the parties relating to its 
subject matter during the term of this Agreement.  No modification of this Agreement will be 
binding, unless in writing and signed by an authorized representative of each party.

DEVELOPMENT TOOLS
JAVA ADVANCED IMAGING, VERSION 1.1.2
SUPPLEMENTAL LICENSE TERMS

These supplemental license terms ("Supplemental Terms") add to or modify the terms of the Binary 
Code License Agreement (collectively, the "Agreement"). Capitalized terms not defined in these 
Supplemental Terms shall have the same meanings ascribed to them in the Agreement. These 
Supplemental Terms shall supersede any inconsistent or conflicting terms in the Agreement, or in 
any license contained within the Software.

1. Software Internal Use and Development License Grant. Subject to the terms and conditions of this 
Agreement, including, but not limited to Section 3 (Java(TM) Technology Restrictions) of these 
Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license to reproduce 
internally and use internally the binary form of the Software complete and unmodified for the sole 
purpose of designing, developing and testing your Java applets and applications intended to run on 
the Java platform ("Programs").

2. License to Distribute Software.  In addition to the license granted in Section 1 (Software 
Internal Use and Development License Grant) of these Supplemental Terms, subject to the terms and 
conditions of this Agreement, including but not limited to Section 3 (Java Technology Restrictions) 
of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license to 
reproduce and distribute the Software in binary code form only, provided that you (i) distribute 
the Software complete and unmodified and only bundled as part of your Programs, (ii) do not 
distribute additional software intended to replace any component(s) of the Software, (iii) do not 
remove or alter any proprietary legends or notices contained in the Software, (iv) only distribute 
the Software subject to a license agreement that protects Sun's interests consistent with the terms 
contained in this Agreement, and (v) agree to defend and indemnify Sun and its licensors from and 
against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' 
fees) incurred in connection with any claim, lawsuit or action by any third party that arises or 
results from the use or distribution of any and all Programs and/or Software.

3. Java Technology Restrictions. You may not modify the Java Platform Interface ("JPI", identified 
as classes contained within the "java" package or any subpackages of the "java" package), by 
creating additional classes within the JPI or otherwise causing the addition to or modification of 
the classes in the JPI.  In the event that you create an additional class and associated API(s) 
which (i) extends the functionality of the Java platform, and (ii) is exposed to third party 
software developers for the purpose of developing additional software which invokes such additional 
API, you must promptly publish broadly an accurate specification for such API for free use by all 
developers. You may not create, or authorize your licensees to create, additional classes, 
interfaces, or subpackages that are in any way identified as "java", "javax", "sun" or similar 
convention as specified by Sun in any naming convention designation.

4.  Java Runtime Availability.  Refer to the appropriate version of the Java Runtime Environment 
binary code license (currently located at http://www.java.sun.com/jdk/index.html) for the 
availability of runtime code which may be distributed with Java applets and applications.

5. Trademarks and Logos. You acknowledge and agree as between you and Sun that Sun owns the SUN, 
SOLARIS, JAVA, JINI, FORTE, STAROFFICE, STARPORTAL and iPLANET trademarks and all SUN, SOLARIS, 
JAVA, JINI, FORTE, STAROFFICE, STARPORTAL and iPLANET-related trademarks, service marks, logos and 
other brand designations ("Sun Marks"), and you agree to comply with the Sun Trademark and Logo 
Usage Requirements currently located at http://www.sun.com/policies/trademarks. Any use you make of 
the Sun Marks inures to Sun's benefit.

6. Source Code. Software may contain source code that is provided solely for reference purposes 
pursuant to the terms of this Agreement.  Source code may not be redistributed unless expressly 
provided for in this Agreement.

7.  Termination for Infringement.  Either party may terminate this Agreement immediately should any 
Software become, or in either party's opinion be likely to become, the subject of a claim of 
infringement of any intellectual property right.

For inquiries please contact: Sun Microsystems, Inc.,.   4150 Network Circle, Santa Clara, 
California 95054, U.S.A
(Form ID#011801)