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native JDK1.3.1 is not up to the task yet; - add license in pkg-message; - bump PORTREVISION.
225 lines
12 KiB
Plaintext
225 lines
12 KiB
Plaintext
Sun Microsystems, Inc. Binary Code License Agreement
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READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE
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TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE
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MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO
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THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE
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ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING
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THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE
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TO ALL THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE
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OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED
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ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THIS
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AGREEMENT.
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1. LICENSE TO USE. Sun grants you a non-exclusive and
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non-transferable license for the internal use only of the accompanying
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software and documentation and any error corrections provided by Sun
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(collectively "Software"), by the number of users and the class of
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computer hardware for which the corresponding fee has been paid.
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2. RESTRICTIONS. Software is confidential and copyrighted. Title to
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Software and all associated intellectual property rights is retained
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by Sun and/or its licensors. Except as specifically authorized in any
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Supplemental License Terms, you may not make copies of Software, other
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than a single copy of Software for archival purposes. Unless
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enforcement is prohibited by applicable law, you may not modify,
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decompile, or reverse engineer Software. You acknowledge that
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Software is not designed, licensed or intended for use in the design,
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construction, operation or maintenance of any nuclear facility. Sun
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disclaims any express or implied warranty of fitness for such uses.
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No right, title or interest in or to any trademark, service mark, logo
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or trade name of Sun or its licensors is granted under this Agreement.
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3. LIMITED WARRANTY. Sun warrants to you that for a period of ninety
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(90) days from the date of purchase, as evidenced by a copy of the
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receipt, the media on which Software is furnished (if any) will be
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free of defects in materials and workmanship under normal use. Except
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for the foregoing, Software is provided "AS IS". Your exclusive
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remedy and Sun's entire liability under this limited warranty will be
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at Sun's option to replace Software media or refund the fee paid for
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Software.
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4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL
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EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES,
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INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
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PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE
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EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
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5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN
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NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE,
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PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR
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PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF
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LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE
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SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
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DAMAGES. In no event will Sun's liability to you, whether in
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contract, tort (including negligence), or otherwise, exceed the amount
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paid by you for Software under this Agreement. The foregoing
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limitations will apply even if the above stated warranty fails of its
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essential purpose.
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6. Termination. This Agreement is effective until terminated. You
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may terminate this Agreement at any time by destroying all copies of
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Software. This Agreement will terminate immediately without notice
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from Sun if you fail to comply with any provision of this Agreement.
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Upon Termination, you must destroy all copies of Software.
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7. Export Regulations. All Software and technical data delivered under
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this Agreement are subject to US export control laws and may be
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subject to export or import regulations in other countries. You agree
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to comply strictly with all such laws and regulations and acknowledge
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that you have the responsibility to obtain such licenses to export,
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re-export, or import as may be required after delivery to you.
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8. U.S. Government Restricted Rights. If Software is being acquired
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by or on behalf of the U.S. Government or by a U.S. Government prime
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contractor or subcontractor (at any tier), then the Government's
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rights in Software and accompanying documentation will be only as set
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forth in this Agreement; this is in accordance with 48 CFR 227.7201
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through 227.7202-4 (for Department of Defense (DOD) acquisitions) and
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with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
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9. Governing Law. Any action related to this Agreement will be
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governed by California law and controlling U.S. federal law. No
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choice of law rules of any jurisdiction will apply.
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10. Severability. If any provision of this Agreement is held to be
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unenforceable, this Agreement will remain in effect with the provision
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omitted, unless omission would frustrate the intent of the parties, in
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which case this Agreement will immediately terminate.
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11. Integration. This Agreement is the entire agreement between you
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and Sun relating to its subject matter. It supersedes all prior or
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contemporaneous oral or written communications, proposals,
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representations and warranties and prevails over any conflicting or
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additional terms of any quote, order, acknowledgment, or other
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communication between the parties relating to its subject matter
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during the term of this Agreement. No modification of this Agreement
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will be binding, unless in writing and signed by an authorized
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representative of each party.
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FORTE(TM) FOR JAVA(TM), RELEASE 3.0, COMMUNITY EDITION
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SUPPLEMENTAL LICENSE TERMS
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These supplemental license terms ("Supplemental Terms") add to or
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modify the terms of the Binary Code License Agreement (collectively,
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the "Agreement"). Capitalized terms not defined in these Supplemental
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Terms shall have the same meanings ascribed to them in the
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Agreement. These Supplemental Terms shall supersede any inconsistent
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or conflicting terms in the Agreement, or in any license contained
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within the Software.
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1. Software Internal Use and Development License Grant. Subject to the
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terms and conditions of this Agreement, including, but not limited to
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Section 4 (Java(TM) Technology Restrictions) of these Supplemental
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Terms, Sun grants you a non-exclusive, non-transferable, limited
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license to reproduce internally and use internally the binary form of
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the Software complete and unmodified for the sole purpose of
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designing, developing and testing your Java applets and applications
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intended to run on the Java platform ("Programs").
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2. License to Distribute Software. Subject to the terms and conditions
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of this Agreement, including, but not limited to Section 4 (Java (TM)
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Technology Restrictions) of these Supplemental Terms, Sun grants you a
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non-exclusive, non-transferable, limited license to reproduce and
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distribute the Software in binary code form only, provided that (i)
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you distribute the Software complete and unmodified and only bundled
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as part of, and for the sole purpose of running, your Programs, (ii)
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the Programs add significant and primary functionality to the
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Software, (iii) you do not distribute additional software intended to
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replace any component(s) of the Software, (iv) for a particular
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version of the Java platform, any executable output generated by a
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compiler that is contained in the Software must (a) only be compiled
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from source code that conforms to the corresponding version of the OEM
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Java Language Specification; (b) be in the class file format defined
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by the corresponding version of the OEM Java Virtual Machine
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Specification; and (c) execute properly on a reference runtime, as
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specified by Sun, associated with such version of the Java platform,
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(v) you do not remove or alter any proprietary legends or notices
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contained in the Software, (v) you only distribute the Software
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subject to a license agreement that protects Sun's interests
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consistent with the terms contained in this Agreement, and (vi) you
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agree to defend and indemnify Sun and its licensors from and against
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any damages, costs, liabilities, settlement amounts and/or expenses
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(including attorneys' fees) incurred in connection with any claim,
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lawsuit or action by any third party that arises or results from the
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use or distribution of any and all Programs and/or Software.
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3. License to Distribute Redistributables. Subject to the terms and
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conditions of this Agreement, including but not limited to Section 4
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(Java Technology Restrictions) of these Supplemental Terms, Sun grants
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you a non-exclusive, non-transferable, limited license to reproduce
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and distribute the binary form of those files specifically identified
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as redistributable in the Software "RELEASE NOTES" file
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("Redistributables") provided that: (i) you distribute the
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Redistributables complete and unmodified (unless otherwise specified
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in the applicable RELEASE NOTES file), and only bundled as part of
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Programs, (ii) you do not distribute additional software intended to
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supersede any component(s) of the Redistributables, (iii) you do not
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remove or alter any proprietary legends or notices contained in or on
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the Redistributables, (iv) for a particular version of the Java
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platform, any executable output generated by a compiler that is
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contained in the Software must (a) only be compiled from source code
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that conforms to the corresponding version of the OEM Java Language
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Specification; (b) be in the class file format defined by the
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corresponding version of the OEM Java Virtual Machine Specification;
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and (c) execute properly on a reference runtime, as specified by Sun,
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associated with such version of the Java platform, (v) you only
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distribute the Redistributables pursuant to a license agreement that
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protects Sun's interests consistent with the terms contained in the
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Agreement, and (v) you agree to defend and indemnify Sun and its
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licensors from and against any damages, costs, liabilities, settlement
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amounts and/or expenses (including attorneys' fees) incurred in
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connection with any claim, lawsuit or action by any third party that
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arises or results from the use or distribution of any and all Programs
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and/or Software.
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4. Java Technology Restrictions. You may not modify the Java Platform
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Interface ("JPI", identified as classes contained within the "java"
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package or any subpackages of the "java" package), by creating
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additional classes within the JPI or otherwise causing the addition to
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or modification of the classes in the JPI. In the event that you
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create an additional class and associated API(s) which (i) extends the
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functionality of the Java platform, and (ii) is exposed to third party
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software developers for the purpose of developing additional software
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which invokes such additional API, you must promptly publish broadly
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an accurate specification for such API for free use by all developers.
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You may not create, or authorize your licensees to create, additional
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classes, interfaces, or subpackages that are in any way identified as
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"java", "javax", "sun" or similar convention as specified by Sun in
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any naming convention designation.
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5. Java Runtime Availability. Refer to the appropriate version of
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the Java Runtime Environment binary code license (currently located at
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http://www.java.sun.com/jdk/index.html) for the availability of
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runtime code which may be distributed with Java applets and
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applications.
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6. Trademarks and Logos. You acknowledge and agree as between you and
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Sun that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET
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trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE, and
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iPLANET-related trademarks, service marks, logos and other brand
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designations ("Sun Marks"), and you agree to comply with the Sun
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Trademark and Logo Usage Requirements currently located at
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http://www.sun.com/policies/trademarks. Any use you make of the Sun
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Marks inures to Sun's benefit.
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7. Source Code. Software may contain source code that is provided
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solely for reference purposes pursuant to the terms of this Agreement.
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Source code may not be redistributed unless expressly provided for in
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this Agreement.
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8. Termination for Infringement. Either party may terminate this
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Agreement immediately should any Software become, or in either party's
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opinion be likely to become, the subject of a claim of infringement of
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any intellectual property right.
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For inquiries please contact:
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Sun Microsystems, Inc.
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901 San Antonio Road
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Palo Alto, California 94303
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(LFI#91205/Form ID#011801)
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