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756 lines
33 KiB
756 lines
33 KiB
2 years ago
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NetBeans software is developed and distributed under the COMMON
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DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL). NetBeans software
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also makes use of additional libraries made available for use
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and distribution by other parties, including open-source projects.
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------------------------------------------------------------
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COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)
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Version 1.0
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1. Definitions.
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1.1. Contributor means each individual or entity that creates
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or contributes to the creation of Modifications.
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1.2. Contributor Version means the combination of the Original
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Software, prior Modifications used by a Contributor (if any),
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and the Modifications made by that particular Contributor.
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1.3. Covered Software means (a) the Original Software, or
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(b) Modifications, or (c) the combination of files containing
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Original Software with files containing Modifications, in each
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case including portions thereof.
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1.4. Executable means the Covered Software in any form other
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than Source Code.
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1.5. Initial Developer means the individual or entity that
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first makes Original Software available under this License.
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1.6. Larger Work means a work which combines Covered Software
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or portions thereof with code not governed by the terms of this
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License.
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1.7. License means this document.
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1.8. Licensable means having the right to grant, to the maximum
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extent possible, whether at the time of the initial grant or
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subsequently acquired, any and all of the rights conveyed herein.
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1.9. Modifications means the Source Code and Executable form
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of any of the following:
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A. Any file that results from an
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addition to, deletion from or modification of the contents of
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a file containing Original Software or previous Modifications;
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B. Any new file that contains any part of the Original Software
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or previous Modification; or
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C. Any new file that is contributed or otherwise made available
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under the terms of this License.
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1.10. Original Software means the Source Code and Executable form
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of computer software code that is originally released under this
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License.
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1.11. Patent Claims means any patent claim(s), now owned or
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hereafter acquired, including without limitation, method, process,
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and apparatus claims, in any patent Licensable by grantor.
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1.12. Source Code means
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(a) the common form of computer software code in which
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modifications are made and
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(b) associated documentation included in or with such code.
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1.13. You (or Your) means an individual or a legal entity
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exercising rights under, and complying with all of the terms
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of, this License. For legal entities, You includes any entity
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which controls, is controlled by, or is under common control
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with You. For purposes of this definition, control means
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(a) the power, direct or indirect, to cause the direction or
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management of such entity, whether by contract or otherwise,
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or
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(b) ownership of more than fifty percent (50%) of the outstanding
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shares or beneficial ownership of such entity.
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2. License Grants.
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2.1. The Initial Developer Grant. Conditioned upon Your
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compliance with Section
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3.1 below and subject to third party intellectual property
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claims, the Initial Developer hereby grants You a world-wide,
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royalty-free, non-exclusive license:
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(a) under intellectual property rights (other than patent
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or trademark) Licensable by Initial Developer, to use,
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reproduce, modify, display, perform, sublicense and distribute
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the Original Software (or portions thereof), with or without
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Modifications, and/or as part of a Larger Work; and
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(b) under Patent Claims infringed by the making, using or
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selling of Original Software, to make, have made, use,
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practice, sell, and offer for sale, and/or otherwise
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dispose of the Original Software (or portions thereof);
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(c) The licenses granted in Sections
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2.1 (a) and (b) are effective on the date Initial Developer first
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distributes or otherwise makes the Original Software available
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to a third party under the terms of this License;
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(d) Notwithstanding Section
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2.1(b) above, no patent license is granted:
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(1) for code that You delete from the Original Software, or
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(2) for infringements caused by:
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(i) the modification of the Original Software, or
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(ii) the combination of the Original Software with other
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software or devices.
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2.2. Contributor Grant. Conditioned upon Your compliance with
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Section
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3.1 below and subject to third party intellectual property
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claims, each Contributor hereby grants You a world-wide,
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royalty-free, non-exclusive license:
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(a) under intellectual property rights (other than patent
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or trademark) Licensable by Contributor to use, reproduce,
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modify, display, perform, sublicense and distribute the
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Modifications created by such Contributor (or portions
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thereof), either on an unmodified basis, with other
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Modifications, as Covered Software and/or as part of a
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Larger Work; and
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(b) under Patent Claims infringed by the making, using,
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or selling of Modifications made by that Contributor either
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alone and/or in combination with its Contributor Version
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(or portions of such combination), to make, use, sell,
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offer for sale, have made, and/or otherwise dispose of:
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(1) Modifications made by that Contributor (or portions
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thereof); and
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(2) the combination of Modifications made by that Contributor
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with its Contributor Version (or portions of such combination).
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(c) The licenses granted in Sections
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2.2(a) and
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2.2(b) are effective on the date Contributor first distributes
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or otherwise makes the Modifications available to a third party.
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(d) Notwithstanding Section
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2.2(b) above, no patent license is granted:
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(1) for any code that Contributor has deleted from the Contributor Version;
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(2) for infringements caused by:
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(i) third party modifications of Contributor Version, or
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(ii) the combination of Modifications made by that Contributor with other
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software (except as part of the Contributor Version) or other devices; or
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(3) under Patent Claims infringed by Covered Software in the absence of
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Modifications made by that Contributor.
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3. Distribution Obligations.
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3.1. Availability of Source Code. Any Covered Software that You
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distribute or otherwise make available in Executable form must
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also be made available in Source Code form and that Source Code
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form must be distributed only under the terms of this License.
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You must include a copy of this License with every copy of the
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Source Code form of the Covered Software You distribute or
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otherwise make available. You must inform recipients of any
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such Covered Software in Executable form as to how they can
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obtain such Covered Software in Source Code form in a
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reasonable manner on or through a medium customarily used for
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software exchange.
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3.2. Modifications. The Modifications that You create or to
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which You contribute are governed by the terms of this License.
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You represent that You believe Your Modifications are Your
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original creation(s) and/or You have sufficient rights to
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grant the rights conveyed by this License.
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3.3. Required Notices. You must include a notice in each of
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Your Modifications that identifies You as the Contributor of
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the Modification. You may not remove or alter any copyright,
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patent or trademark notices contained within the Covered Software,
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or any notices of licensing or any descriptive text giving
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attribution to any Contributor or the Initial Developer.
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3.4. Application of Additional Terms. You may not offer or
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impose any terms on any Covered Software in Source Code form
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that alters or restricts the applicable version of this License
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or the recipients rights hereunder. You may choose to offer,
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and to charge a fee for, warranty, support, indemnity or
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liability obligations to one or more recipients of Covered
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Software. However, you may do so only on Your own behalf,
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and not on behalf of the Initial Developer or any Contributor.
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You must make it absolutely clear that any such warranty,
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support, indemnity or liability obligation is offered by You
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alone, and You hereby agree to indemnify the Initial Developer
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and every Contributor for any liability incurred by the Initial
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Developer or such Contributor as a result of warranty, support,
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indemnity or liability terms You offer.
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3.5. Distribution of Executable Versions. You may distribute
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the Executable form of the Covered Software under the terms
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of this License or under the terms of a license of Your choice,
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which may contain terms different from this License, provided
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that You are in compliance with the terms of this License and
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that the license for the Executable form does not attempt to
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limit or alter the recipients rights in the Source Code form
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from the rights set forth in this License. If You distribute
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the Covered Software in Executable form under a different
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license, You must make it absolutely clear that any terms
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which differ from this License are offered by You alone,
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not by the Initial Developer or Contributor. You hereby
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agree to indemnify the Initial Developer and every Contributor
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for any liability incurred by the Initial Developer or such
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Contributor as a result of any such terms You offer.
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3.6. Larger Works. You may create a Larger Work by combining
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Covered Software with other code not governed by the terms of
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this License and distribute the Larger Work as a single product.
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In such a case, You must make sure the requirements of this
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License are fulfilled for the Covered Software.
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4. Versions of the License.
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4.1. New Versions. Sun Microsystems, Inc. is the initial
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license steward and may publish revised and/or new versions
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of this License from time to time. Each version will be given
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a distinguishing version number. Except as provided in Section
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4.3, no one other than the license steward has the right to
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modify this License.
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4.2. Effect of New Versions. You may always continue to use,
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distribute or otherwise make the Covered Software available
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under the terms of the version of the License under which You
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originally received the Covered Software. If the Initial
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Developer includes a notice in the Original Software prohibiting
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it from being distributed or otherwise made available under any
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subsequent version of the License, You must distribute and make
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the Covered Software available under the terms of the version of
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the License under which You originally received the Covered
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Software. Otherwise, You may also choose to use, distribute or
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otherwise make the Covered Software available under the terms
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of any subsequent version of the License published by the
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license steward.
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4.3. Modified Versions. When You are an Initial Developer and
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You want to create a new license for Your Original Software,
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You may create and use a modified version of this License if You:
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(a) rename the license and remove any references to the name of
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the license steward (except to note that the license differs
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from this License); and
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(b) otherwise make it clear that the license contains terms
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which differ from this License.
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5. DISCLAIMER OF WARRANTY. COVERED SOFTWARE IS PROVIDED UNDER
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THIS LICENSE ON AN AS IS BASIS, WITHOUT WARRANTY OF ANY KIND,
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EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
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WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS,
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MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
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THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED
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SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE DEFECTIVE
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IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER
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CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING,
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REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES
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AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED
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SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
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6. TERMINATION.
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6.1. This License and the rights granted
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hereunder will terminate automatically if You fail to
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comply with terms herein and fail to cure such breach
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within 30 days of becoming aware of the breach. Provisions
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which, by their nature, must remain in effect beyond the
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termination of this License shall survive.
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6.2. If You assert a patent infringement claim (excluding
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declaratory judgment actions) against Initial Developer
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or a Contributor (the Initial Developer or Contributor
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against whom You assert such claim is referred to as
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Participant) alleging that the Participant Software
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(meaning the Contributor Version where the Participant is
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a Contributor or the Original Software where the Participant
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is the Initial Developer) directly or indirectly infringes
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any patent, then any and all rights granted directly or
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indirectly to You by such Participant, the Initial Developer
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(if the Initial Developer is not the Participant) and all
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Contributors under Sections
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2.1 and/or 2.2 of this License shall, upon 60 days notice
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from Participant terminate prospectively and automatically
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at the expiration of such 60 day notice period, unless if
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within such 60 day period You withdraw Your claim with
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respect to the Participant Software against such Participant
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either unilaterally or pursuant to a written agreement with
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Participant.
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6.3. In the event of termination under Sections
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6.1 or 6.2 above, all end user licenses that have been
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validly granted by You or any distributor hereunder
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prior to termination (excluding licenses granted to You
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by any distributor) shall survive termination.
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7. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND
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UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE),
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CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER,
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ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE,
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OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY
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PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
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DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,
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DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE,
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COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
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COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL
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HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
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THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY
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FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTYS
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NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH
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LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
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OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
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THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
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8. U.S. GOVERNMENT END USERS. The Covered Software is a
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commercial item, as that term is defined in 48 C.F.R. 2.101
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(Oct. 1995), consisting of commercial computer software
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(as that term is defined at 48 C.F.R. 252.227-7014(a)(1))
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and commercial computer software documentation as such terms
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are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with
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48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4
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(June 1995), all U.S. Government End Users acquire Covered
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Software with only those rights set forth herein. This U.S.
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Government Rights clause is in lieu of, and supersedes, any
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other FAR, DFAR, or other clause or provision that addresses
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Government rights in computer software under this License.
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9. MISCELLANEOUS. This License represents the complete
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agreement concerning subject matter hereof. If any provision
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of this License is held to be unenforceable, such provision
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shall be reformed only to the extent necessary to make it
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enforceable. This License shall be governed by the law of
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the jurisdiction specified in a notice contained within
|
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the Original Software (except to the extent applicable
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law, if any, provides otherwise), excluding such jurisdictions
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conflict-of-law provisions. Any litigation relating to this
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License shall be subject to the jurisdiction of the courts
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located in the jurisdiction and venue specified in a notice
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contained within the Original Software, with the losing
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party responsible for costs, including, without limitation,
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court costs and reasonable attorneys fees and expenses.
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The application of the United Nations Convention on Contracts
|
||
|
|
for the International Sale of Goods is expressly excluded.
|
||
|
|
Any law or regulation which provides that the language of a
|
||
|
|
contract shall be construed against the drafter shall not
|
||
|
|
apply to this License. You agree that You alone are
|
||
|
|
responsible for compliance with the United States export
|
||
|
|
administration regulations (and the export control laws
|
||
|
|
and regulation of any other countries) when You use,
|
||
|
|
distribute or otherwise make available any Covered Software.
|
||
|
|
|
||
|
|
10. RESPONSIBILITY FOR CLAIMS. As between Initial Developer
|
||
|
|
and the Contributors, each party is responsible for claims
|
||
|
|
and damages arising, directly or indirectly, out of its
|
||
|
|
utilization of rights under this License and You agree to
|
||
|
|
work with Initial Developer and Contributors to distribute
|
||
|
|
such responsibility on an equitable basis. Nothing herein
|
||
|
|
is intended or shall be deemed to constitute any admission
|
||
|
|
of liability.
|
||
|
|
|
||
|
|
------------------------------------------------------------
|
||
|
|
NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND
|
||
|
|
DISTRIBUTION LICENSE (CDDL): This code is released under
|
||
|
|
the CDDL and shall be governed by the laws of the State of
|
||
|
|
California (excluding conflict-of-law provisions). Any
|
||
|
|
litigation relating to this License shall be subject to
|
||
|
|
the jurisdiction of the Federal Courts of the Northern
|
||
|
|
District of California and the state courts of the State
|
||
|
|
of California, with venue lying in Santa Clara County,
|
||
|
|
California.
|
||
|
|
------------------------------------------------------------
|
||
|
|
|
||
|
|
Please review the complete list of open-source licenses
|
||
|
|
governing software included in this software. They can be
|
||
|
|
found in the THIRDPARTYLICENSE.txt file.
|
||
|
|
|
||
|
|
|
||
|
|
Please review the list of libraries and licenses provided
|
||
|
|
for use and redistribution by other parties. These libraries
|
||
|
|
are redistributable subject to the conditions in the
|
||
|
|
DISTRIBUTION.txt file.
|
||
|
|
|
||
|
|
|
||
|
|
Sun Microsystems, Inc. ("Sun") SOFTWARE LICENSE AGREEMENT
|
||
|
|
and ENTITLEMENT for SOFTWARE
|
||
|
|
|
||
|
|
A. ENTITLEMENT for SOFTWARE
|
||
|
|
|
||
|
|
Licensee/Company: Entity receiving Software.
|
||
|
|
|
||
|
|
Effective Date: Date of delivery of the Software to You.
|
||
|
|
|
||
|
|
Software:
|
||
|
|
-PLUGIN FOR SUN JAVA SYSTEM APPLICATION SERVER PLATFORM
|
||
|
|
EDITION TO NETBEANS IDE
|
||
|
|
-JAX-RPC 1.1.3
|
||
|
|
-JAXP 1.3.1
|
||
|
|
-SAAJ 1.2.2
|
||
|
|
-JavaMail 1.3.1
|
||
|
|
-JavaServer Faces 1.1_01
|
||
|
|
-Java Help 2.0
|
||
|
|
-J2EE Deployment 1.1 SPECIFICATION INTERFACE CLASSES
|
||
|
|
-Javac compiler 5.0
|
||
|
|
-Java Metadata Interface (JMI) 1.0 SPECIFICATION INTERFACE
|
||
|
|
CLASSES
|
||
|
|
|
||
|
|
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 Research and
|
||
|
|
Instructional, Individual, and Commercial Uses for the
|
||
|
|
purposes of designing, developing, testing, and running your
|
||
|
|
applets or applications ("Programs") provided that for a
|
||
|
|
particular version of the Java platform, any executable
|
||
|
|
output generated by a Java compiler contained in the
|
||
|
|
Software (i) is compiled from source code that conforms to
|
||
|
|
the corresponding version of the OEM Java Language
|
||
|
|
Specification; (ii) is in the class file format defined by
|
||
|
|
the corresponding version of the OEM Java Virtual Machine
|
||
|
|
Specification; and (iii) executes properly on a reference
|
||
|
|
runtime, as specified by Sun, associated with such version
|
||
|
|
of the Java platform.
|
||
|
|
|
||
|
|
2. You may only use the Java 2 Platform, Enterprise Edition
|
||
|
|
(J2EE), Platform Specification in accordance with the J2EE
|
||
|
|
Specification License set forth in the DistributionREADME.
|
||
|
|
You may only use the Java Platform Enterprise Edition 5 API
|
||
|
|
Documentation in accordance with the Java Platform
|
||
|
|
Enterprise Edition 5 Specification Licence set forth in the
|
||
|
|
DistributionREADME.
|
||
|
|
|
||
|
|
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. 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 the Software
|
||
|
|
(and also portions of Software identified as Redistributable
|
||
|
|
in the documentation accompanying Software), provided that
|
||
|
|
you:
|
||
|
|
|
||
|
|
(a) distribute the Software complete and unmodified and only
|
||
|
|
bundled as part of your Programs,
|
||
|
|
|
||
|
|
(b) do not distribute additional software intended to
|
||
|
|
replace any component(s) of the Software,
|
||
|
|
|
||
|
|
(c) do not remove or alter any proprietary legends or
|
||
|
|
notices contained in or on the Software.
|
||
|
|
|
||
|
|
(d) only distribute the Software subject to a license
|
||
|
|
agreement that protects Sun's interests consistent with the
|
||
|
|
terms contained in this Agreement, and
|
||
|
|
|
||
|
|
(e) 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.
|
||
|
|
|
||
|
|
B. SOFTWARE LICENSE AGREEMENT
|
||
|
|
|
||
|
|
PLEASE READ THE TERMS OF THIS AGREEMENT ("AGREEMENT")
|
||
|
|
CAREFULLY. BY USING, REPRODUCING, DISTRIBUTING OR MODIFYING
|
||
|
|
THE SOFTWARE, YOU INDICATE THAT YOU AGREE TO AND ACCEPT ALL
|
||
|
|
OF ITS TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS,
|
||
|
|
PROMPTLY UNINSTALL THE SOFTWARE AND PERMANENTLY DELETE ALL
|
||
|
|
FILES DOWNLOADED OR CREATED BY THE INSTALLATION OR, IF
|
||
|
|
SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE"
|
||
|
|
(OR EQUIVALENT) 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 is 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, service 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.
|
||
|
|
|
||
|
|
|
||
|
|
To use the software, you must review, accept and agree to
|
||
|
|
the terms of the licenses listed above for the NetBeans
|
||
|
|
software and its individual components.
|