A. Sun Microsystems, Inc. ("Sun") ENTITLEMENT for
SOFTWARE
Licensee/Company: Entity receiving
Software.
Effective Date: Date of delivery of the Software to
You.
Software: JavaMail 1.4.3.
License Term: Perpetual
(subject to termination under the SLA).
Licensed Unit: Software
Copy.
Licensed unit Count: Unlimited.
Permitted
Uses:
1. You may reproduce and use the Software for Your own
Individual, Commercial
and Research and Instructional Use only for the
purposes of designing,
developing, testing, and running Your applets and
applications ("Programs").
2. Subject to the terms and conditions of
this Agreement and restrictions and
exceptions set forth in the Software's
documentation, You may reproduce and
distribute portions of Software
identified as a redistributable in the
documentation (each a
"Redistributable"), provided that You comply with the
following (note that
You may be entitled to reproduce and distribute other
portions of the
Software not defined in the documentation as a Redistributable
under certain
other licenses as described in the THIRDPARTYLICENSEREADME,
if
applicable):
(a) You distribute Redistributable complete and
unmodified and only bundled as
part of Your Programs,
(b) Your
Programs add significant and primary functionality to
the
Redistributable,
(c) You distribute Redistributable for the
sole purpose of running Your
Programs,
(d) You do not distribute
additional software intended to replace any
component(s) of the
Redistributable,
(e) You do not remove or alter any proprietary legends
or notices contained in
or on the Redistributable.
(f) You only
distribute the Redistributable subject to a license agreement that
protects
Sun's interests consistent with the terms contained in this
Agreement,
and
(g) You 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
Redistributable.
3. Java Technology Restrictions. You may not create,
modify, or change the
behavior of, or authorize Your licensees to create,
modify, or change the
behavior of, 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. No
Diagnostic, Maintenance, Repair or Technical Support Services. The scope
of
Your license does not include any right, express or implied, (i) to
access,
copy, distribute, display or use the Software to provide
diagnostic,
maintenance, repair or technical support services for Sun softwa
re or Sun
hardware on behalf of any third party for Your direct or indirect
commercial
gain or advantage, without Sun's prior written authorization, or
(ii) for any
third party to access, copy, distribute, display or use the
Software to provide
diagnostic, maintenance, repair or technical support
services for Sun software
or Sun hardware on Your behalf for such party's
direct or indirect commercial
gain or advantage, without Sun's prior written
authorization. The limitations
set forth in this paragraph apply to any and
all error corrections, patches,
updates, and upgrades to the Software You
may receive, access, download or
otherwise obtain from Sun.
5.
Records and Documentation. During the term of the SLA and Entitlement,
and
for a period of three (3) years thereafter, You agree to keep proper
records and
documentation of Your compliance with the SLA and Entitlement.
Upon Sun's
reasonable request, You will provide copies of such records and
documentation to
Sun for the purpose of confirming Your compliance with the
terms and conditions
of the SLA and Entitlement. This section will survive
any termination of the
SLA and Entitlement. You may terminate this SLA and
Entitlement at any time by
destroying all copies of the Software in which
case the obligations set forth in
Section 7 of the SLA shall
apply.
Sun Microsystems, Inc. ("Sun") SOFTWARE LICENSE
AGREEMENT
READ THE TERMS OF THIS AGREEMENT ("AGREEMENT") CAREFULLY
BEFORE OPENING SOFTWARE
MEDIA PACKAGE. BY OPENING SOFTWARE MEDIA PACKAGE,
YOU AGREE TO THE TERMS OF
THIS AGREEMENT. IF YOU ARE ACCESSING SOFTWARE
ELECTRONICALLY, INDICATE YOUR
ACCEPTANCE OF THESE TERMS BY SELECTING THE
"ACCEPT" BUTTON AT THE END OF THIS
AGREEMENT. IF YOU DO NOT AGREE TO ALL OF
THE TERMS, PROMPTLY RETURN THE UNUSED
SOFTWARE TO YOUR PLACE OF PURCHASE FOR
A REFUND OR, IF SOFTWARE IS ACCESSED
ELECTRONICALLY, SELECT THE "DECLINE"
(OR "EXIT") BUTTON AT THE END OF THIS
AGREEMENT. IF YOU HAVE SEPARATELY
AGREED TO LICENSE TERMS ("MASTER TERMS") FOR
YOUR LICENSE TO THIS SOFTWARE,
THEN SECTIONS 1-6 OF THIS AGREEMENT
("SUPPLEMENTAL LICENSE TERMS") SHALL
SUPPLEMENT AND SUPERSEDE THE MASTER TERMS
IN RELATION TO THIS
SOFTWARE.
1. Definitions.
(a) "Entitlement" means the
collective set of applicable documents authorized by
Sun evidencing your
obligation to pay associated fees (if any) for the license,
associated
Services, and the authorized scope of use of Software under
this
Agreement.
(b) "Licensed Unit" means the unit of measure by
which your use of Software
and/or Service is licensed, as described in your
Entitlement.
(c) "Permitted Use" means the licensed Software use(s)
authorized in this
Agreement as specified in your Entitlement. The Permitted
Use for any bundled
Sun software not specified in your Entitlement will be
evaluation use as
provided in Section 3.
(d) "Service" means the
service(s) that Sun or its delegate will provide, if
any, as selected in
your Entitlement and as further described in the applicable
service listings
at www.sun.com/service/servicelist.
(e) "Software" means the Sun
software described in your Entitlement. Also,
certain software may be
included for evaluation use under Section 3.
(f) "You" and "Your" means
the individual or legal entity specified in the
Entitlement, or for
evaluation purposes, the entity performing the evaluation.
2. License
Grant and Entitlement.
Subject to the terms of your Entitlement, Sun
grants you a nonexclusive,
nontransferable limited license to use Software
for its Permitted Use for the
license term. Your Entitlement will specify
(a) Software licensed, (b) the
Permitted Use, (c) the license term, and (d)
the Licensed Units.
Additionally, if your Entitlement includes
Services, then it will also specify
the (e) Service and (f) service
term.
If your rights to Software or Services are limited in duration
and the date such
rights begin is other than the purchase date, your
Entitlement will provide that
beginning date(s).
The Entitlement
may be delivered to you in various ways depending on the manner
in which you
obtain Software and Services, for example, the Entitlement may be
provided
in your receipt, invoice or your contract with Sun or authorized
Sun
reseller. It may also be in electronic format if you download
Software.
3. Permitted Use.
As selected in your Entitlement,
one or more of the following Permitted Uses
will apply to your use of
Software. Unless you have an Entitlement that
expressly permits it, you may
not use Software for any of the other Permitted
Uses. If you don't have an
Entitlement, or if your Entitlement doesn't cover
additional software
delivered to you, then such software is for your
Evaluation
Use.
(a) Evaluation Use. You may evaluate Software
internally for a period of 90
days from your first use.
(b)
Research and Instructional Use. You may use Software internally to
design,
develop and test, and also to provide instruction on such
uses.
(c) Individual Use. You may use Software internally for personal,
individual
use.
(d) Commercial Use. You may use Software internally
for your own commercial
purposes.
(e) Service Provider Use. You may
make Software functionality accessible (but
not by providing Software itself
or through outsourcing services) to your end
users in an extranet
deployment, but not to your affiliated companies or to
government
agencies.
4. Licensed Units.
Your Permitted Use is limited to
the number of Licensed Units stated in your
Entitlement. If you require
additional Licensed Units, you will need
additional
Entitlement(s).
5. Restrictions.
(a) The copies
of Software provided to you under this Agreement are licensed,
not sold, to
you by Sun. Sun reserves all rights not expressly granted. (b)
You may make
a single archival copy of Software, but otherwise may not copy,
modify, or
distribute Software. However if the Sun documentation accompanying
Software
lists specific portions of Software, such as header files, class
libraries,
reference source code, and/or redistributable files, that may be
handled
differently, you may do so only as provided in the Sun documentation.
(c)
You may not rent, lease, lend or encumber Software. (d) Unless
enforcement
is prohibited by applicable law, you may not decompile, or
reverse engineer
Software. (e) The terms and conditions of this Agreement
will apply to any
Software updates, provided to you at Sun's discretion,
that replace and/or
supplement the original Software, unless such update
contains a separate
license. (f) You may not publish or provide the results
of any benchmark or
comparison tests run on Software to any third party
without the prior written
consent of Sun. (g) Software is confidential and
copyrighted. (h) Unless
otherwise specified, if Software is delivered with
embedded or bundled software
that enables functionality of Software, you may
not use such software on a
stand-alone basis or use any portion of such
software to interoperate with any
program(s) other than Software. (i)
Software may contain programs that perform
automated collection of system
data and/or automated software updating services.
System data collected
through such programs may be used by Sun, its
subcontractors, and its
service delivery partners for the purpose of providing
you with remote
system services and/or improving Sun's software and systems.
(j) Software is
not designed, licensed or intended for use in the design,
construction,
operation or maintenance of any nuclear facility and Sun and its
licensors
disclaim any express or implied warranty of fitness for such uses.
(k) No
right, title or interest in or to any trademark, se rvice mark, logo
or
trade name of Sun or its licensors is granted under this
Agreement.
6. Java Compatibility and Open Source.
Software may
contain Java technology. You may not create additional classes to,
or
modifications of, the Java technology, except under
compatibility
requirements available under a separate agreement available at
www.java.net.
Sun supports and benefits from the global community of
open source developers,
and thanks the community for its important
contributions and open
standards-based technology, which Sun has adopted
into many of its products.
Please note that portions of Software may be
provided with notices and open
source licenses from such communities and
third parties that govern the use of
those portions, and any licenses
granted hereunder do not alter any rights and
obligations you may have under
such open source licenses, however, the
disclaimer of warranty and
limitation of liability provisions in this Agreement
will apply to all
Software in this distribution.
7. Term and Termination.
The
license and service term are set forth in your Entitlement(s). Your
rights
under this Agreement will terminate immediately without notice from
Sun if you
materially breach it or take any action in derogation of Sun's
and/or its
licensors' rights to Software. Sun may terminate this Agreement
should any
Software become, or in Sun's reasonable opinion likely to become,
the subject of
a claim of intellectual property infringement or trade secret
misappropriation.
Upon termination, you will cease use of, and destroy,
Software and confirm
compliance in writing to Sun. Sections 1, 5, 6, 7, and
9-15 will survive
termination of the Agreement.
8. Limited
Warranty.
Sun warrants to you that for a period of 90 days from the
date of purchase, as
evidenced by a copy of the receipt, the media on which
Software is furnished (if
any) will be free of defects in materials and
workmanship under normal use.
Except for the foregoing, Software is provided
"AS IS". Your exclusive remedy
and Sun's entire liability under this limited
warranty will be at Sun's option
to replace Software media or refund the fee
paid for Software. Some states do
not allow limitations on certain implied
warranties, so the above may not apply
to you. This limited warranty gives
you specific legal rights. You may have
others, which vary from state to
state.
9. Disclaimer of Warranty.
UNLESS SPECIFIED IN THIS
AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,
REPRESENTATIONS AND
WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE
DISCLAIMED, EXCEPT TO THE EXTENT
THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY
INVALID.
10.
Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO
EVENT WILL SUN OR ITS LICENSORS BE
LIABLE FOR ANY LOST REVENUE, PROFIT OR
DATA, OR FOR SPECIAL, INDIRECT,
CONSEQUENTIAL, INCIDENTAL OR PUNITIVE
DAMAGES, HOWEVER CAUSED REGARDLESS OF THE
THEORY OF LIABILITY, ARISING OUT
OF OR RELATED TO THE USE OF OR INABILITY TO USE
SOFTWARE, EVEN IF SUN HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In
no event will Sun's
liability to you, whether in contract, tort (including
negligence), or
otherwise, exceed the amount paid by you for Software under this
Agreement.
The foregoing limitations will apply even if the above stated
warranty fails
of its essential purpose. Some states do not allow the exclusion
of
incidental or consequential damages, so some of the terms above may not
be
applicable to you.
11. Export Regulations.
All
Software, documents, technical data, and any other materials delivered
under
this Agreement are subject to U.S. export control laws and may be
subject to
export or import regulations in other countries. You agree to
comply strictly
with these laws and regulations and acknowledge that you
have the responsibility
to obtain any licenses to export, re-export, or
import as may be required after
delivery to you.
12. U.S.
Government Restricted Rights.
If Software is being acquired by or on
behalf of the U.S. Government or by a
U.S. Government prime contractor or
subcontractor (at any tier), then the
Government's rights in Software and
accompanying documentation will be only as
set forth in this Agreement; this
is in accordance with 48 CFR 227.7201 through
227.7202-4 (for Department of
Defense (DOD) acquisitions) and with 48 CFR 2.101
and 12.212 (for non-DOD
acquisitions).
13. Governing Law.
Any action related to this
Agreement will be governed by California law and
controlling U.S. federal
law. No choice of law rules of any jurisdiction will
apply.
14.
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.
15.
Integration.
This Agreement, including any terms contained in your
Entitlement, is the entire
agreement between you and Sun relating to its
subject matter. It supersedes all
prior or contemporaneous oral or written
communications, proposals,
representations and warranties and prevails over
any conflicting or additional
terms of any quote, order, acknowledgment, or
other communication between the
parties relating to its subject matter
during the term of this Agreement. No
modification of this Agreement will be
binding, unless in writing and signed by
an authorized representative of
each party.
Please contact Sun Microsystems, Inc. 4150 Network Circle,
Santa Clara,
California 95054 if you have questions.