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)
