 
Binary License for OpenJDK

Sun Microsystems, Inc. Binary Code License Agreement

SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE SOFTWARE TO YOU
ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS
BINARY CODE LICENSE AGREEMENT ("AGREEMENT").  PLEASE READ THE AGREEMENT
CAREFULLY.  BY DOWNLOADING OR INSTALLING THIS SOFTWARE, YOU ACCEPT THE FULL
TERMS OF THIS AGREEMENT.

1. Definitions.

"Software" means all third party software provided to You in binary code form by Sun under this License as specifically indicated on the openjdk.java.net source download web page.  Software includes any updates or error corrections or documentation relating to Software provided to You by Sun under this License as indicated on the openjdk.java.net source download web page.

2. Permitted Uses.

Subject to the terms and conditions of this Agreement, 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 a distribution based upon OpenJDK code made available from Sun
("OpenJDK Code").

(b) reproduce and distribute the Software, provided that you (i) distribute
the Software bundled as part of, and for the sole purpose of running an
unmodified version of the OpenJDK Code or a runtime environment based upon
theOpenJDK Code; (ii) only distribute and use the Software with the
component of the OpenJDK Code into which such Software was originally
incorporated by Sun; (iii) do not remove or alter any proprietary legends or
notices contained in or on the Software; (iv) only distribute the Software
subject to a license agreement that protects Sun's interests consistent with
the terms contained in this Agreement; and (v) 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 (A) the use or distribution of your software,
product or materials (or any part thereof) in any manner, or (B) your use or
distribution of the Software in violation of the terms of this Agreement or
applicable law.

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.

(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 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. Open Source.

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 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.

SUPPLEMENTAL TERMS.

A.  As a condition to the rights and licenses granted to you in this
Agreement, you cannot and shall not distribute a modified version of the AWT
that does not contain all of the class libraries (or equivalent libraries)
of the AWT if such modified version is distributed in association with
dedicated circuitry in silicon.  For purposes of this section, "AWT" means
the abstract windowing toolkit class libraries implemented in the OpenJDK
Code or any modified version of such abstract windowing toolkit that is
created and distributed by Sun or its licensees.

Page Last Modified: 08 May 2007
