1 Sun Microsystems, Inc. Binary Code License Agreement
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3 for the JAVA SE RUNTIME ENVIRONMENT (JRE) VERSION 6 and
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4 JAVAFX RUNTIME VERSION 1
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6 SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE
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7 SOFTWARE IDENTIFIED BELOW TO YOU ONLY UPON THE CONDITION
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8 THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS BINARY
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9 CODE LICENSE AGREEMENT AND SUPPLEMENTAL LICENSE TERMS
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10 (COLLECTIVELY "AGREEMENT"). PLEASE READ THE AGREEMENT
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11 CAREFULLY. BY DOWNLOADING OR INSTALLING THIS SOFTWARE, YOU
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12 ACCEPT THE TERMS OF THE AGREEMENT. INDICATE ACCEPTANCE BY
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13 SELECTING THE "ACCEPT" BUTTON AT THE BOTTOM OF THE
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14 AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY ALL THE
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15 TERMS, SELECT THE "DECLINE" BUTTON AT THE BOTTOM OF THE
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16 AGREEMENT AND THE DOWNLOAD OR INSTALL PROCESS WILL NOT
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19 1. DEFINITIONS. "Software" means the identified above in
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20 binary form, any other machine readable materials
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21 (including, but not limited to, libraries, source files,
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22 header files, and data files), any updates or error
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23 corrections provided by Sun, and any user manuals,
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24 programming guides and other documentation provided to you
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25 by Sun under this Agreement. "General Purpose Desktop
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26 Computers and Servers" means computers, including desktop,
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27 laptop and tablet computers, or servers, used for general
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28 computing functions under end user control (such as but not
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29 specifically limited to email, general purpose Internet
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30 browsing, and office suite productivity tools). The use of
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31 Software in systems and solutions that provide dedicated
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32 functionality (other than as mentioned above) or designed
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33 for use in embedded or function-specific software
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34 applications, for example but not limited to: Software
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35 embedded in or bundled with industrial control systems,
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36 wireless mobile telephones, wireless handheld devices,
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37 kiosks, TV/STB, Blu-ray Disc devices, telematics and network
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38 control switching equipment, printers and storage management
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39 systems, and other related systems are excluded from this
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40 definition and not licensed under this Agreement.
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41 "Programs" means (a) Java technology applets and
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42 applications intended to run on the Java Platform Standard
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43 Edition (Java SE) platform on Java-enabled General Purpose
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44 Desktop Computers and Servers, and (b) JavaFX technology
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45 applications intended to run on the JavaFX Runtime on
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46 JavaFX-enabled General Purpose Desktop Computers and
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49 2. LICENSE TO USE. Subject to the terms and conditions of
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50 this Agreement, including, but not limited to the Java
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51 Technology Restrictions of the Supplemental License Terms,
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52 Sun grants you a non-exclusive, non-transferable, limited
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53 license without license fees to reproduce and use internally
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54 Software complete and unmodified for the sole purpose of
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55 running Programs. Additional licenses for developers and/or
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56 publishers are granted in the Supplemental License Terms.
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58 3. RESTRICTIONS. Software is confidential and copyrighted.
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59 Title to Software and all associated intellectual property
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60 rights is retained by Sun and/or its licensors. Unless
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61 enforcement is prohibited by applicable law, you may not
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62 modify, decompile, or reverse engineer Software. You
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63 acknowledge that Licensed Software is not designed or
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64 intended for use in the design, construction, operation or
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65 maintenance of any nuclear facility. Sun Microsystems, Inc.
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66 disclaims any express or implied warranty of fitness for
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67 such uses. No right, title or interest in or to any
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68 trademark, service mark, logo or trade name of Sun or its
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69 licensors is granted under this Agreement. Additional
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70 restrictions for developers and/or publishers licenses are
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71 set forth in the Supplemental License Terms.
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73 4. LIMITED WARRANTY. Sun warrants to you that for a period
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74 of ninety (90) days from the date of purchase, as evidenced
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75 by a copy of the receipt, the media on which Software is
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76 furnished (if any) will be free of defects in materials and
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77 workmanship under normal use. Except for the foregoing,
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78 Software is provided "AS IS". Your exclusive remedy and
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79 Sun's entire liability under this limited warranty will be
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80 at Sun's option to replace Software media or refund the fee
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81 paid for Software. Any implied warranties on the Software
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82 are limited to 90 days. Some states do not allow
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83 limitations on duration of an implied warranty, so the above
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84 may not apply to you. This limited warranty gives you
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85 specific legal rights. You may have others, which vary from
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88 5. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS
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89 AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,
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90 REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED
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91 WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
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92 PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE
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93 EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY
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96 6. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED
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97 BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR
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98 ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT,
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99 CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER
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100 CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF
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101 OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN
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102 IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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103 In no event will Sun's liability to you, whether in
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104 contract, tort (including negligence), or otherwise, exceed
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105 the amount paid by you for Software under this Agreement.
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106 The foregoing limitations will apply even if the above
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107 stated warranty fails of its essential purpose. Some states
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108 do not allow the exclusion of incidental or consequential
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109 damages, so some of the terms above may not be applicable to
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112 7. TERMINATION. This Agreement is effective until
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113 terminated. You may terminate this Agreement at any time by
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114 destroying all copies of Software. This Agreement will
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115 terminate immediately without notice from Sun if you fail to
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116 comply with any provision of this Agreement. Either party
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117 may terminate this Agreement immediately should any Software
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118 become, or in either party's opinion be likely to become,
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119 the subject of a claim of infringement of any intellectual
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120 property right. Upon Termination, you must destroy all
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121 copies of Software.
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123 8. EXPORT REGULATIONS. All Software and technical data
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124 delivered under this Agreement are subject to US export
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125 control laws and may be subject to export or import
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126 regulations in other countries. You agree to comply
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127 strictly with all such laws and regulations and acknowledge
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128 that you have the responsibility to obtain such licenses to
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129 export, re-export, or import as may be required after
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132 9. TRADEMARKS AND LOGOS. You acknowledge and agree as
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133 between you and Sun that Sun owns the SUN, SOLARIS, JAVA,
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134 JINI, FORTE, and iPLANET trademarks and all SUN, SOLARIS,
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135 JAVA, JINI, FORTE, and iPLANET-related trademarks, service
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136 marks, logos and other brand designations ("Sun Marks"), and
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137 you agree to comply with the Sun Trademark and Logo Usage
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138 Requirements currently located at
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139 http://www.sun.com/policies/trademarks. Any use you make of
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140 the Sun Marks inures to Sun's benefit.
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142 10. U.S. GOVERNMENT RESTRICTED RIGHTS. If Software is
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143 being acquired by or on behalf of the U.S. Government or by
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144 a U.S. Government prime contractor or subcontractor (at any
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145 tier), then the Government's rights in Software and
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146 accompanying documentation will be only as set forth in this
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147 Agreement; this is in accordance with 48 CFR 227.7201
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148 through 227.7202-4 (for Department of Defense (DOD)
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149 acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD
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152 11. GOVERNING LAW. Any action related to this Agreement
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153 will be governed by California law and controlling U.S.
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154 federal law. No choice of law rules of any jurisdiction
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157 12. SEVERABILITY. If any provision of this Agreement is
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158 held to be unenforceable, this Agreement will remain in
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159 effect with the provision omitted, unless omission would
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160 frustrate the intent of the parties, in which case this
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161 Agreement will immediately terminate.
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163 13. INTEGRATION. This Agreement is the entire agreement
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164 between you and Sun relating to its subject matter. It
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165 supersedes all prior or contemporaneous oral or written
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166 communications, proposals, representations and warranties
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167 and prevails over any conflicting or additional terms of any
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168 quote, order, acknowledgment, or other communication between
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169 the parties relating to its subject matter during the term
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170 of this Agreement. No modification of this Agreement will
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171 be binding, unless in writing and signed by an authorized
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172 representative of each party.
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174 SUPPLEMENTAL LICENSE TERMS
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176 These Supplemental License Terms add to or modify the terms
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177 of the Binary Code License Agreement. Capitalized terms not
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178 defined in these Supplemental Terms shall have the same
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179 meanings ascribed to them in the Binary Code License
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180 Agreement . These Supplemental Terms shall supersede any
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181 inconsistent or conflicting terms in the Binary Code License
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182 Agreement, or in any license contained within the Software.
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184 A. Software Internal Use and Development License Grant.
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185 Subject to the terms and conditions of this Agreement and
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186 restrictions and exceptions set forth in the Software
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187 "README" file incorporated herein by reference, including,
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188 but not limited to the Java Technology Restrictions of these
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189 Supplemental Terms, Sun grants you a non-exclusive,
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190 non-transferable, limited license without fees to reproduce
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191 internally and use internally the Software complete and
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192 unmodified for the purpose of designing, developing, and
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193 testing your Programs.
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195 B. License to Distribute Software. Subject to the terms
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196 and conditions of this Agreement and restrictions and
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197 exceptions set forth in the Software README file, including,
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198 but not limited to the Java Technology Restrictions of these
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199 Supplemental Terms, Sun grants you a non-exclusive,
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200 non-transferable, limited license without fees to reproduce
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201 and distribute the Software (except for the JavaFX Runtime),
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202 provided that (i) you distribute the Software complete and
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203 unmodified and only bundled as part of, and for the sole
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204 purpose of running, your Programs, (ii) the Programs add
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205 significant and primary functionality to the Software, (iii)
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206 you do not distribute additional software intended to
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207 replace any component(s) of the Software, (iv) you do not
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208 remove or alter any proprietary legends or notices contained
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209 in the Software, (v) you only distribute the Software
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210 subject to a license agreement that protects Sun's interests
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211 consistent with the terms contained in this Agreement, and
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212 (vi) you agree to defend and indemnify Sun and its licensors
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213 from and against any damages, costs, liabilities, settlement
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214 amounts and/or expenses (including attorneys' fees) incurred
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215 in connection with any claim, lawsuit or action by any third
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216 party that arises or results from the use or distribution of
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217 any and all Programs and/or Software.
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219 C. Java Technology Restrictions. You may not create,
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220 modify, or change the behavior of, or authorize your
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221 licensees to create, modify, or change the behavior of,
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222 classes, interfaces, or subpackages that are in any way
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223 identified as "java", "javax", "sun" or similar convention
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224 as specified by Sun in any naming convention designation.
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226 D. Source Code. Software may contain source code that,
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227 unless expressly licensed for other purposes, is provided
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228 solely for reference purposes pursuant to the terms of this
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229 Agreement. Source code may not be redistributed unless
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230 expressly provided for in this Agreement.
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232 E. Third Party Code. Additional copyright notices and
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233 license terms applicable to portions of the Software are set
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234 forth in the THIRDPARTYLICENSEREADME.txt file. In addition
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235 to any terms and conditions of any third party
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236 opensource/freeware license identified in the
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237 THIRDPARTYLICENSEREADME.txt file, the disclaimer of warranty
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238 and limitation of liability provisions in paragraphs 5 and 6
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239 of the Binary Code License Agreement shall apply to all
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240 Software in this distribution.
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242 F. Termination for Infringement. Either party may
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243 terminate this Agreement immediately should any Software
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244 become, or in either party's opinion be likely to become,
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245 the subject of a claim of infringement of any intellectual
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248 G. Installation and Auto-Update. The Software's
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249 installation and auto-update processes transmit a limited
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250 amount of data to Sun (or its service provider) about those
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251 specific processes to help Sun understand and optimize them.
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252 Sun does not associate the data with personally identifiable
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253 information. You can find more information about the data
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254 Sun collects at http://java.com/data/.
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256 For inquiries please contact: Sun Microsystems, Inc., 4150
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257 Network Circle, Santa Clara, California 95054, U.S.A.
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