This repository has been archived by the owner on Mar 20, 2021. It is now read-only.
-
Notifications
You must be signed in to change notification settings - Fork 9
/
BINARY_LICENSE.txt
201 lines (153 loc) · 8.89 KB
/
BINARY_LICENSE.txt
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
SUN MICROSYSTEMS, INC. SOFTWARE LICENSE AGREEMENTS
SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE BELOW DEFINED
SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS
CONTAINED IN THIS SOFTWARE LICENSE AGREEMENT ("AGREEMENT"). PLEASE READ
THE AGREEMENT CAREFULLY. BY DOWNLOADING OR INSTALLING THIS SOFTWARE,
YOU ACCEPT THE FULL TERMS OF THE AGREEMENT.
1. Definitions.
"Software" means all the portions of the GlassFish distribution provided
by Sun only in binary code form, and including any updates or error
corrections or documentation provided by Sun under this Agreement.
2. Permitted Uses.
Subject to the terms and conditions of this Agreement and restrictions
and exceptions set forth in the Software's documentation, Sun grants you
a non-exclusive, non-transferable, limited license without fees to
(a) reproduce and use internally the Software for the purposes of
developing or running GlassFish or modified versions of GlassFish.
(b) reproduce and distribute the Software (and also portions of Software
identified as Redistributable in the documentation accompanying
Software), provided that you
(i) distribute the Software or Redistributables bundled as part of,
and for the sole purpose of running, GlassFish or modified
versions of GlassFish;
(ii) do not remove or alter any proprietary legends or notices
contained in or on the Software or Redistributables,
(iii) only distribute the Software or Redistributables subject to a
license agreement that protects Sun's interests consistent with
the terms contained in this Agreement, and
(iv) 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,
Software, or Redistributables.
3. Restrictions.
(a) The copies of Software provided to you under this Agreement is
licensed, not sold, to you by Sun. Sun reserves all rights not
expressly granted.
(b) You may not modify Software. However if the 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 documentation.
(c) You may not rent, lease, lend or encumber Software.
(d) you do not remove or alter any proprietary legends or notices
contained in the Software,
(e) Unless enforcement is prohibited by applicable law, you may not
decompile, or reverse engineer Software.
(f) 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.
(g) Software is confidential and copyrighted.
(h) 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.
(i) 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.
(j) If your Permitted Use in this Agreement permits the distribution
Software or portions of the Software, you may only distribute the
Software subject to a license agreement that protects Sun's
interests consistent with the terms contained in this Agreement.
4. 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.
5. Term and Termination.
The Agreement is effective on the Date you receive the Software and
remains effective until terminated. 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,
3, 4, 5, and 7-13 will survive termination of the Agreement.
6. Limited Warranty.
Sun warrants to you that for a period of 90 days from the date of
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.
7. 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.
8. 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.
9. 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.
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 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.