123456789101112131415161718192021222324252627282930313233343536373839404142434445464748495051525354555657585960616263646566676869707172737475767778798081828384858687888990919293949596979899100101102103104105106107108109110111112113114115116117118119120121122123124125126127128129130131132133134135136137138139140141142143144145146147148149150151152153154155156157158159160161162163164165166167168169170171172173174175176177178179180181182183184185186187188189190191192193194195196197198199200201202203204205206207208209210211212213214215216217218219220221222223224225226227228229230231232233234235236237238239240241242243244245246247248249250251252253254255256257258259260261262263264265266267268269270271272273274275276277278279280281282283284285286287288289290291292293294295296297 |
- Oracle Corporation Binary Code License Agreement
- for the JAVA SE DEVELOPMENT KIT (JDK), VERSION 6
- ORACLE CORPORATION ("ORACLE") IS WILLING TO LICENSE THE SOFTWARE
- IDENTIFIED BELOW TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF
- THE TERMS CONTAINED IN THIS BINARY CODE LICENSE AGREEMENT AND
- SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT"). PLEASE READ
- THE AGREEMENT CAREFULLY. BY USING THE SOFTWARE YOU ACKNOWLEDGE THAT
- YOU HAVE READ THE TERMS AND AGREE TO THEM. IF YOU ARE AGREEING TO
- THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU
- REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE LEGAL ENTITY
- TO THESE TERMS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT
- WISH TO BE BOUND BY THE TERMS, THEN YOU MUST NOT USE THE SOFTWARE ON
- THIS SITE OR ANY OTHER MEDIA ON WHICH THE SOFTWARE IS CONTAINED.
- 1. DEFINITIONS. "Software" means the identified above in binary
- form, any other machine readable materials (including, but not limited
- to, libraries, source files, header files, and data files), any
- updates or error corrections provided by Oracle, and any user manuals,
- programming guides and other documentation provided to you by Oracle
- under this Agreement. "General Purpose Desktop Computers and Servers"
- means computers, including desktop and laptop computers, or servers,
- used for general computing functions under end user control (such as
- but not specifically limited to email, general purpose Internet
- browsing, and office suite productivity tools). The use of Software
- in systems and solutions that provide dedicated functionality (other
- than as mentioned above) or designed for use in embedded or
- function-specific software applications, for example but not limited
- to: Software embedded in or bundled with industrial control systems,
- wireless mobile telephones, wireless handheld devices, netbooks,
- kiosks, TV/STB, Blu-ray Disc devices, telematics and network control
- switching equipment, printers and storage management systems, and
- other related systems are excluded from this
- definition and not licensed under this Agreement. "Programs" means
- Java technology applets and applications intended to run on the Java
- Platform Standard Edition (Java SE) platform on Java-enabled General
- Purpose Desktop Computers and Servers.
- 2. LICENSE TO USE. Subject to the terms and conditions of this
- Agreement, including, but not limited to the Java Technology
- Restrictions of the Supplemental License Terms, Oracle grants you a
- non-exclusive, non-transferable, limited license without license fees
- to reproduce and use internally Software complete and unmodified for
- the sole purpose of running Programs. Additional licenses for
- developers and/or publishers are granted in the Supplemental License
- Terms.
- 3. RESTRICTIONS. Software is confidential and copyrighted. Title to
- Software and all associated intellectual property rights is retained
- by Oracle and/or its licensors. Unless enforcement is prohibited by
- applicable law, you may not modify, decompile, or reverse engineer
- Software. You acknowledge that Licensed Software is not designed or
- intended for use in the design, construction, operation or maintenance
- of any nuclear facility. Oracle Corporation 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
- Oracle or its licensors is granted under this Agreement. Additional
- restrictions for developers and/or publishers licenses are set forth
- in the Supplemental License Terms.
- 4. LIMITED WARRANTY. Oracle 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 Oracle's entire liability under this limited warranty will
- be at Oracle's option to replace Software media or refund the fee paid
- for Software. Any implied warranties on the Software are limited to
- 90 days. Some states do not allow limitations on duration of an
- implied warranty, 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.
- 5. 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.
- 6. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN
- NO EVENT WILL ORACLE 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 ORACLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
- DAMAGES. In no event will Oracle'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.
- 7. 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 Oracle if you fail to comply with any provision of this
- Agreement. 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. Upon Termination, you must destroy all copies of
- Software.
- 8. 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.
- 9. TRADEMARKS AND LOGOS. You acknowledge and agree as between you
- and Oracle that Oracle owns the ORACLE, SOLARIS, JAVA, JINI, FORTE,
- and iPLANET trademarks and all ORACLE, SOLARIS, JAVA, JINI, FORTE, and
- iPLANET-related trademarks, service marks, logos and other brand
- designations ("Oracle Marks"), and you agree to comply with the Third
- Party Usage Guidelines for Oracle Trademarks currently located at
- http://www.oracle.com/html/3party.html. Any use you make of the
- Oracle Marks inures to Oracle's benefit.
- 10. 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).
- 11. 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.
- 12. 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.
- 13. INTEGRATION. This Agreement is the entire agreement between you
- and Oracle 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.
- SUPPLEMENTAL LICENSE TERMS
- These Supplemental License Terms add to or modify the terms of the
- Binary Code License Agreement. Capitalized terms not defined in these
- Supplemental Terms shall have the same meanings ascribed to them in
- the Binary Code License Agreement . These Supplemental Terms shall
- supersede any inconsistent or conflicting terms in the Binary Code
- License Agreement, or in any license contained within the Software.
- A. Software Internal Use and Development License Grant. Subject to
- the terms and conditions of this Agreement and restrictions and
- exceptions set forth in the Software "README" file incorporated herein
- by reference, including, but not limited to the Java Technology
- Restrictions of these Supplemental Terms, Oracle grants you a
- non-exclusive, non-transferable, limited license without fees to
- reproduce internally and use internally the Software complete and
- unmodified for the purpose of designing, developing, and testing your
- Programs.
- B. License to Distribute Software. Subject to the terms and
- conditions of this Agreement and restrictions and exceptions set forth
- in the Software README file, including, but not limited to the Java
- Technology Restrictions of these Supplemental Terms, Oracle grants you
- a non-exclusive, non-transferable, limited license without fees to
- reproduce and distribute the Software, provided that (i) you
- distribute the Software complete and unmodified and only bundled as
- part of, and for the sole purpose of running, your Programs, (ii) the
- Programs add significant and primary functionality to the Software,
- (iii) you do not distribute additional software intended to replace
- any component(s) of the Software, (iv) you do not remove or alter any
- proprietary legends or notices contained in the Software, (v) you only
- distribute the Software subject to a license agreement that protects
- Oracle's interests consistent with the terms contained in this
- Agreement, and (vi) you agree to defend and indemnify Oracle 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.
- C. License to Distribute Redistributables. Subject to the terms and
- conditions of this Agreement and restrictions and exceptions set forth
- in the Software README file, including but not limited to the Java
- Technology Restrictions of these Supplemental Terms, Oracle grants you
- a non-exclusive, non-transferable, limited license without fees to
- reproduce and distribute those files specifically identified as
- redistributable in the Software "README" file ("Redistributables")
- provided that: (i) you distribute the Redistributables complete and
- unmodified, and only bundled as part of Programs, (ii) the Programs
- add significant and primary functionality to the Redistributables,
- (iii) you do not distribute additional software intended to supersede
- any component(s) of the Redistributables (unless otherwise specified
- in the applicable README file), (iv) you do not remove or alter any
- proprietary legends or notices contained in or on the
- Redistributables, (v) you only distribute the Redistributables
- pursuant to a license agreement that protects Oracle's interests
- consistent with the terms contained in the Agreement, (vi) you agree
- to defend and indemnify Oracle 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.
- D. 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 Oracle in any naming convention
- designation.
- E. Distribution by Publishers. This section pertains to your
- distribution of the Software with your printed book or magazine (as
- those terms are commonly used in the industry) relating to Java
- technology ("Publication"). Subject to and conditioned upon your
- compliance with the restrictions and obligations contained in the
- Agreement, in addition to the license granted in Paragraph 1 above,
- Oracle hereby grants to you a non-exclusive, nontransferable limited
- right to reproduce complete and unmodified copies of the Software on
- electronic media (the "Media") for the sole purpose of inclusion and
- distribution with your Publication(s), subject to the following terms:
- (i) You may not distribute the Software on a stand-alone basis; it
- must be distributed with your Publication(s); (ii) You are responsible
- for downloading the Software from the applicable Oracle web site;
- (iii) You must refer to the Software as JavaTM SE Development Kit 6;
- (iv) The Software must be reproduced in its entirety and without any
- modification whatsoever (including, without limitation, the Binary
- Code License and Supplemental License Terms accompanying the Software
- and proprietary rights notices contained in the Software); (v) The
- Media label shall include the following information: Copyright 2006,
- 2010, Oracle Corporation All rights reserved. Use is subject to
- license terms. Oracle, Sun, Sun Microsystems, the Sun logo, Solaris,
- Java, the Java Coffee Cup logo, J2SE, and all trademarks and logos
- based on Java are trademarks or registered trademarks of Oracle
- Corporation in the U.S. and other countries. This information must
- be placed on the Media label in such a manner as to only apply to the
- Oracle Software; (vi) You must clearly identify the Software as
- Oracle's product on the Media holder or Media label, and you may not
- state or imply that Oracle is responsible for any third-party software
- contained on the Media; (vii) You may not include any third party
- software on the Media which is intended to be a replacement or
- substitute for the Software; (viii) You shall indemnify Oracle for all
- damages arising from your failure to comply with the requirements of
- this Agreement. In addition, you shall defend, at your expense, any
- and all claims brought against Oracle by third parties, and shall pay
- all damages awarded by a court of competent jurisdiction, or such
- settlement amount negotiated by you, arising out of or in connection
- with your use, reproduction or distribution of the Software and/or the
- Publication. Your obligation to provide indemnification under this
- section shall arise provided that Oracle: (a) provides you prompt
- notice of the claim; (b) gives you sole control of the defense and
- settlement of the claim; (c) provides you, at your expense, with all
- available information, assistance and authority to defend; and (d) has
- not compromised or settled such claim without your prior written
- consent; and (ix) You shall provide Oracle with a written notice for
- each Publication; such notice shall include the following information:
- (1) title of Publication, (2) author(s), (3) date of Publication, and
- (4) ISBN or ISSN numbers. Such notice shall be sent to Oracle
- Corporation, 500 Oracle Parkway, Redwood Shores, California 94065
- U.S.A , Attention: Contracts Administration.
- F. Source Code. Software may contain source code that, unless
- expressly licensed for other purposes, 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.
- G. Third Party Code. Additional copyright notices and license terms
- applicable to portions of the Software are set forth in the
- THIRDPARTYLICENSEREADME.txt file. In addition to any terms and
- conditions of any third party opensource/freeware license identified
- in the THIRDPARTYLICENSEREADME.txt file, the disclaimer of warranty
- and limitation of liability provisions in paragraphs 5 and 6 of the
- Binary Code License Agreement shall apply to all Software in this
- distribution.
- H. 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.
- I. Installation and Auto-Update. The Software's installation and
- auto-update processes transmit a limited amount of data to Oracle (or
- its service provider) about those specific processes to help Oracle
- understand and optimize them. Oracle does not associate the data with
- personally identifiable information. You can find more information
- about the data Oracle collects at http://java.com/data/.
- For inquiries please contact: Oracle Corporation, 500 Oracle Parkway,
- Redwood Shores, California 94065, USA.
|