FreePastry/licensing/javamail.txt

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2019-05-13 12:45:05 +00:00
Sun Microsystems, Inc.
Binary Code License Agreement
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. Licensee
acknowledges that Licensed Software is not designed or
intended for use in the design, construction,
operation or maintenance of any nuclear facility. Sun
Microsystems, Inc. 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.
JAVAMAIL, VERSION 1.3.2
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 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 ("Programs").
2. License to Distribute Software. 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 (i) you distribute the
Software complete and unmodified and only bundled as
part of, and for the sole purpose of running, your
Java applets or applications ("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 Sun's interests
consistent with the terms contained in this Agreement,
and (vi) 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 Software.
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. 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.
5. 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.
6. 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
(LFI#143977/Form ID#011801)