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License Notes
This license is non-free for a number of reasons, including (but not limited to) the limited use clauses, the implication that a corresponding fee for use is required for the permissions to be in force, explicit forbidding of modification, restrictions on use (the "nuclear" clause), and a lack of permission to redistribute.
Occasionally, this license includes "Supplemental License Terms", which could hypothetically resolve the issues with the base license that make it non-free, however, in practice, this is very uncommon. It is more common for these Supplemental License Terms to impose different, but still, non-free restrictions. An example of such Supplemental License Terms is included below, and is non-free because it has a use restriction ("for the sole purpose of adding value and improving the Software for the development of applications") and a modification restriction (the section on the Java API and namespace).
License Text
This license text includes a set of Supplemental License Terms, and was taken from the "msv" software component.
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. You acknowledge
that Software is not designed, licensed or intended for use
in the design, construction, operation or maintenance of any
nuclear facility. Sun 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.
SUN XML INSTANCE GENERATOR, VERSION 1.0 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 4 (Java(TM) Technology
Restrictions) of these Supplemental Terms, Sun grants to
you, a non-exclusive, non-transferable, royalty-free and
limited license to reproduce, modify, and create derivative
works of the Software for the sole purpose of adding value
and improving the Software for the development of
applications ("Programs").
2. License to Distribute Software. Subject to the terms
and conditions of this Agreement, including, but not limited
to Section 4 (Java (TM) Technology Restrictions) of these
Supplemental Terms, Sun grants you a non-exclusive,
non-transferable, limited license to reproduce and
distribute the Software modified by you as permitted in
Section 1 of these Supplemental Terms ("Modified Software")
in source or binary code form, provided that (i) you
distribute the Modified Software only bundled as part of,
and for the sole purpose of running, your Programs, (ii) the
Modified Software adds value and improveS the function of
the Software, (iv) you do not remove or alter any
proprietary legends or notices contained in the Software,
(v) you only distribute the Modified 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 Modified Software.
3. Experimental Software. You acknowledge that the
Software is experimental and may contain errors, defects, or
deficiencies which cannot or will not be corrected by Sun.
You shall have the sole responsibility to protect adequately
and backup your data and/or equipment used in connection
with the Software. You shall not claim against Sun for lost
data, re-run time, inaccurate output, work delays or lost
profits resulting from your use of the Licensed Software.
4. Java Technology Restrictions. You may not modify the
Java Platform Interface ("JPI", identified as classes
contained within the "java" package or any subpackages of
the "java" package), by creating additional classes within
the JPI or otherwise causing the addition to or modification
of the classes in the JPI. In the event that you create an
additional class and associated API(s) which (i) extends the
functionality of the Java platform, and (ii) is exposed to
third party software developers for the purpose of
developing additional software which invokes such additional
API, you must promptly publish broadly an accurate
specification for such API for free use by all developers.
You may not create, or authorize your licensees to create,
additional 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.
5. Trademarks and Logos. You acknowledge and agree as
between you and Sun that Sun owns the SUN, SOLARIS, JAVA,
JINI, FORTE, and iPLANET trademarks and all SUN, SOLARIS,
JAVA, JINI, FORTE, 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.
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.
901 San Antonio Road, Palo Alto, California 94303
(LFI#100313/Form ID#011801)