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authorThomas Matthijs <axxo@gentoo.org>2004-10-30 18:51:54 +0000
committerThomas Matthijs <axxo@gentoo.org>2004-10-30 18:51:54 +0000
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sun-bcla-jms
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+Sun Java(TM) System Message Queue 3.5 SP2, Platform Edition
+Sun Java System Message Queue 3.5 SP2, Enterprise Edition
+for Evaluation Only
+
+IMPORTANT - PLEASE READ. THE LICENSES BELOW GOVERN YOUR USE
+OF THE SUN JAVA SYSTEM MESSAGE QUEUE, PLATFORM EDITION AND
+SUN JAVA SYSTEM MESSAGE QUEUE, ENTERPRISE EDITION FOR
+EVALUATION ONLY.
+
+THIRD PARTY CODE. ADDITIONAL COPYRIGHT NOTICES AND LICENSE
+TERMS APPLICABLE TO PORTIONS OF THE SOFTWARE ARE SET FORTH
+IN THE THIRDPARTYLICENSEREADME FILE. IN ADDITION TO ANY
+TERMS AND CONDITIONS OF ANY THIRD PARTY OPENSOURCE/FREEWARE
+LICENSE IDENTIFIED IN THE THIRDPARTYLICENSEREADME FILE, THE
+DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
+PROVISIONS IN PARAGRAPHS 6 AND 7 OF THE BINARY CODE LICENSE
+AGREEMENTS BELOW SHALL APPLY TO ALL SOFTWARE IN THIS
+DISTRIBUTION.
+
+IF YOU SELECT TO USE THE SUN JAVA SYSTEM MESSAGE QUEUE,
+PLATFORM EDITION (ALONG WITH ALL ACCOMPANYING SOFTWARE AND
+DOCUMENTATION, THE "MESSAGE QUEUE PE"), YOUR LICENSE TO THE
+MESSAGE QUEUE PE IS SET FORTH ENTIRELY IN SECTION B. IF YOU
+SELECT TO USE THE SUN JAVA SYSTEM MESSAGE QUEUE, ENTERPRISE
+EDITION (ALONG WITH ALL ACCOMPANYING SOFTWARE AND
+DOCUMENTATION, THE "MESSAGE QUEUE EE EVALUATION"), YOUR
+LICENSE TO THE MESSAGE QUEUE EE EVALUATION IS SET FORTH
+ENTIRELY IN SECTION A. The two licenses set forth in
+Sections A and B are separate and distinct legal agreements.
+
+READ THE TERMS OF THE AGREEMENT IN THE SECTION APPLICABLE TO
+YOU (THE "APPLICABLE AGREEMENT") CAREFULLY BEFORE OPENING
+THE SOFTWARE MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA
+PACKAGE, YOU AGREE TO ALL THE TERMS OF THE APPLICABLE
+AGREEMENT. IF YOU ARE ACCESSING THE MESSAGE QUEUE PE OR
+MESSAGE QUEUE EE EVALUATION ELECTRONICALLY, INDICATE YOUR
+COMPLETE ACCEPTANCE OF THIS AGREEMENT BY SELECTING THE
+"ACCEPT" BUTTON DISPLAYED ALONG WITH THE APPLICABLE
+AGREEMENT OR OTHERWISE PROVIDING THE AFFIRMATIVE RESPONSE
+REQUESTED. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THE
+APPLICABLE AGREEMENT, DO NOT INSTALL, COPY OR OTHERWISE USE
+THE MESSAGE QUEUE PE OR OR MESSAGE QUEUE EE EVALUATION.
+
+If you are accepting the Applicable Agreement on behalf of a
+corporation, partnership or other legal entity, the use of
+the terms "you" and "your" in the Applicable Agreement will
+refer to such entity and the entity accepting the Applicable
+Agreement represents and warrants to Sun that it has
+sufficient permissions, capacity, consents and authority to
+enter into the Applicable Agreement.
+
+
+SECTION A:
+
+Sun Microsystems, Inc. Binary Software Evaluation Agreement
+("Agreement") Sun Java System Message Queue, Enterprise
+Edition for Evaluation Only ("Message Queue EE Evaluation")
+
+1.0 DEFINITIONS
+
+"Licensed Software" means all or any portion of the Message
+Queue EE Evaluation in binary form (the "Product"), and any
+other machine readable materials (including, but not limited
+to, libraries, header files, and data files), additional
+software, user manuals, programming guides and other
+documentation provided to you by Sun Microsystems, Inc.
+("Sun") as part of, or embedded with, the files that
+comprise the Product.
+
+2.0 LIMITED LICENSE Subject to the terms and conditions of
+this Agreement and your complete acceptance of this
+Agreement, Sun grants to you a non-exclusive,
+non-transferable, royalty-free and limited license to use
+Licensed Software solely for the purposes of evaluation of
+the Licensed Software and internal design, development,
+testing and evaluation of software products developed by
+you. No license is granted to you for any other purpose.
+You may not sell, rent, loan or otherwise encumber or
+transfer Licensed Software, in whole or in part, to any
+third party, including any output or results of execution of
+the Licensed Software.
+
+3.0 LICENSE RESTRICTIONS 3.1 You may not duplicate the
+Licensed Software other than for a single copy of binary
+portions of the Licensed Software for backup purposes only.
+You agree to reproduce all copyright and other proprietary
+right notices on any such copy.
+
+3.2 Except as otherwise provided by law, you may not modify
+or create derivative works of the Licensed Software, or
+reverse engineer, disassemble or decompile binary portions
+of the Licensed Software, otherwise attempt to derive the
+source code from such portions, or assist any other person
+or entity in any of these activities.
+
+3.3 No right, title, or interest in or to the Licensed
+Software, any trademarks, service marks, or trade names of
+Sun or Sun's licensors is granted under this Agreement. You
+acknowledge and agree as between you and Sun that Sun owns
+the SUN, SOLARIS, JAVA, JINI, JDK, FORTE, STAROFFICE,
+STARPORTAL, SUN ONE, and iPLANET trademarks and all SUN,
+SOLARIS, JAVA, JINI, FORTE, STAROFFICE, STARPORTAL, SUN ONE
+and iPLANET-related trademarks, service marks, logos and
+other brand designations ("Sun Marks").
+
+3.4 You have no right to use the Licensed Software in a
+production environment, for commercial use, or for
+operational purposes.
+
+3.5 You acknowledge that Licensed Software may contain a
+timebomb mechanism.
+
+3.6 You may use any Sun(tm) ONE, Sun(tm) or third party
+products embedded in or bundled with Software only in
+conjunction with Software (and the applications that run on
+Software), and not with other software products or on a
+stand-alone basis. Except as otherwise explicitly provided,
+the use of each such bundled product shall be governed by
+its license agreement.
+
+3.7 Software may contain source code that is provided solely
+for reference purposes pursuant to the terms of this
+Agreement. Source code may not be redistributed unless
+expressly provided for in this Agreement.
+
+3.8 You may not publish or provide the results of any
+benchmark or comparison tests run on the Licensed Software
+to any third party without Sun's prior written consent.
+
+4.0 NO FURTHER OBLIGATIONS Neither Sun nor its licensors are
+under any obligation to support the Licensed Software or to
+provide you with updates or error corrections (collectively
+"Software Updates"). If Sun, at its sole option, supplies
+Software Updates to you, the Software Updates will be
+considered part of Licensed Software, and subject to the
+terms of this Agreement. Further, neither Sun nor its
+licensors are under any obligation to develop, market, sell,
+distribute or take any other action with respect to the
+Licensed Software or to provide or ensure compatibility
+between the Licensed Software and any future version of the
+Licensed Software.
+
+5.0 TERM AND TERMINATION OF AGREEMENT 5.1 This Agreement
+will commence on the date on which you install the Licensed
+Software (the "Effective Date") and will terminate 90 days
+from the Effective Date, unless terminated earlier as set
+forth below. However, if the Licensed Software does not
+require installation for use, the Effective Date is the date
+that you accept this Agreement.
+
+5.2 You may terminate this Agreement at any time by
+completely destroying all copies of the Licensed Software
+and removing all portions of the Licensed Software that you
+deployed on any electronic device (including without
+limitation, computer systems, servers, networks, and
+personal electronic devices).
+
+5.3 Sun may terminate this Agreement upon 10 days' written
+notice to you. However, Sun may terminate this Agreement
+immediately should any Licensed Software become, or in Sun's
+and/or its licensors' opinion be likely to become, the
+subject of a claim of intellectual property infringement or
+trade secret misappropriation.
+
+5.4 Sun may terminate this Agreement immediately should you
+materially breach any of its provisions or take any action
+in derogation of Sun's and/or its licensors' rights to the
+Licensed Software.
+
+5.5 Upon termination or expiration of this Agreement, you
+will immediately cease use of and destroy Licensed Software,
+and within ten (10) days from termination or expiration of
+this Agreement, you will any copies thereof and provide Sun
+a written statement from a duly authorized representative
+certifying that you have complied with the foregoing
+obligations.
+
+5.6 The following sections will survive any termination or
+expiration of this Agreement: Sections 1.0, 3.0, 4.0, 5.5,
+5.6, and 6.0-9.0. You shall have no rights toN IF ANY EXCLUSIVE REMEDY PROVIDED IN THIS AGREEMENT
+FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL THE
+CUMMULATIVE LIABILITY OF SUN FOR ANY DAMAGES WHATSOEVER
+INCURRED BY YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT
+EXCEED THE TOTAL AMOUNT ACTUALLY PAID TO SUN BY YOU UNDER
+THIS AGREEMENT.
+
+8.0 U.S. GOVERNMENT RESTRICTED RIGHTS. If Licensed
+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
+the Licensed Software 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).
+
+9.0 GENERAL TERMS 9.1 This Agreement will be governed by and
+construed in accordance with the laws of the State of
+California, U.S.A., excluding its conflict of laws
+principles. You expressly agree and consent that exclusive
+jurisdiction and venue for any dispute arising out of or
+relating to this Agreement will lie with the federal and
+state courts located in and serving Santa Clara County,
+California, U.S.A. The U.N. Convention for the
+International Sale of Goods and the choice of law rules of
+any jurisdiction will not apply. The official text of this
+Agreement is in the English language and any interpretation
+or construction of this Agreement will be based thereon. In
+the event that this Agreement or any documents or notices
+related to it are translated into any other language, the
+English language version will control.
+
+9.2 Licensed Software and technical data 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 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. Unless
+authorized by the U.S. Government, you will not, directly
+or indiountry identified in the U.S. export laws, including but
+not limited to the Export Administration Regulations (15
+C.F.R. Parts 730-774). You affirm that you are not
+identified on any U.S. Government export exclusion lists
+and that you will not use Licensed Software for nuclear
+missile, chemical biological weaponry, or other weapons of
+mass destruction.
+
+9.3 It is understood and agreed that, notwithstanding any
+other provision of this Agreement, your breach of the
+provisions of Sections 2.0, or 3.0 of this Agreement will
+cause Sun and/or its licensors irreparable damage for which
+recovery of money damages would be inadequate, and that Sun
+and/or its licensors will therefore be entitled to seek
+timely injunctive relief, without the necessity of posting
+bond or other security, to protect Sun's and/or its
+licensors' rights under this Agreement in addition to any
+and all remedies available at law.
+
+9.4 You may not assign or otherwise transfer any of your
+rights or obligations under this Agreement, without the
+prior written consent of Sun.
+
+9.5 If any provision of this Agreement is held invalid by
+any law or regulation of any government or by any court,
+such invalidity will not affect the enforceability of any
+other provisions.
+
+9.6 Any express waiver or failure to exercise promptly any
+right under this Agreement will not create a continuing
+waiver or any expectation of non-enforcement.
+
+9.7 This Agreement is the parties' entire agreement relating
+to its subject matter. It supersedes all prior or
+contemporaneous oral or written communications, proposals,
+conditions, 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 to this Agreement will be
+binding, unless in writing and signed by an authorized
+representative of each party.
+
+For inquiries please contact: Sun Microsystems, Inc., 4140
+Network Circle, Santa Clara, California 95054
+
+
+SECTION B:
+
+Sun Microsystems, Inc. Binary Code License Agreement
+("BCL") Sun Java System Message Queue 3.5 SP2, Platfoto 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.
+
+For inquiries please contact: Sun Microsystems, Inc., 4140
+Network Circle, Santa Clara, California 95054
+
+Sun Microsystems, Inc. Supplemental Terms and Conditions
+for Sun(TM) Java System Message Queue 3.5 SP2, Platform
+Edition
+
+These terms and conditions for the Message Queue PE
+supplement the terms and conditions of the Agreement for the
+Message Queue PE. Capitalized terms not defined herein
+shall have the meanings ascribed to them in Agreement for
+Message Queue PE. These terms and conditions shall
+supersede any inconsistent or conflicting terms and
+conditions in the Agreement for the Message Queue PE.
+
+1. Definitions.
+
+A. "Broker" means the server side Software component that
+ manages the routing of JMS messages.
+
+B. "Client Applications" means the application created by
+ you using the APIs provided in the Software for
+ connecting with the Broker.
+
+2. Additional Use Conditions.
+
+A. You may copy the documentation, without change, as
+ necessary to fully utilize Software, provided the copies
+ contain all of the original proprietary notices.
+
+B. You may use any Sun(tm) ONE, Sun(tm) or third party
+ products embedded in or bundled with Software only in
+ conjunction with Software (and the applications that run
+ on Software), and not with other software products or on
+ a stand-alone basis. Except as otherwise explicitly
+ provided, the use of each such bundled product shall be
+ governed by its license agreement.
+
+C.extends to you an
+ option to purchase, at your election, an upgrade to Sun
+ Java System Queue, Enterprise Edition, that will, upon
+ payment of the applicable license fee, terminate your
+ license to Message Queue PE, and upgrade the Software to
+ Sun Java System Message Queue, Enterprise Edition. Your
+ use of Sun Java System Message Queue, Enterprise Edition
+ pursuant to the upgrade will be governed by and subject
+ to the BCL and applicable Supplemental Terms. No
+ additional license for the Software is being granted with
+ the purchase of an upgrade to the Software.
+
+3. License to Distribute Redistributables. Subject to the
+terms and conditions of this Agreement, Sun grants you a
+non-exclusive, non-transferable, limited license to
+reproduce and distribute the binary form of those files
+specifically identified as redistributable below in Section
+3.A ("Redistributables"), provided that: (i) you do not
+distribute additional software intended to supersede any
+component(s) of the Redistributables, (ii) you do not remove
+or alter any proprietary legends or notices contained in or
+on the Redistributables, (iii) you only distribute the
+Redistributables pursuant to a license agreement that
+protects Sun's interests consistent with the terms contained
+in the Agreement, and (iv) you agree to defend and indemnify
+Sun and its licensors from and against any damages, costs,
+liabilities, settlement amounts and/or expenses (including
+attorneys' fees) incurred in connection with any claim,
+lawsuit or action by any third party that arises or results
+from the use or distribution of any and all Programs and/or
+Software. If you distribute the Redistributables pursuant
+to this paragraph, you must include the following statement
+as part of product documentation (whether hard copy or
+electronic), as a part of a copyright page or proprietary
+rights notice page, in an "About" box or in any other form
+reasonably designed to make the statement visible to users
+of the Software: "This product includes code licensed from
+RSA Data Security".
+
+
+A. Only the following jar files may be redistributed in
+ accordance with the license in Section 3 of these
+les distributed with the product are NOT
+redistributable.
+
+
+4. Java Technology Restrictions. 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 sub- packages
+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, JDK, FORTE, STAROFFICE, STARPORTAL and iPLANET
+trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE,
+STAROFFICE, STARPORTAL 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. Source Code. Software may contain source code that is
+provided solely for reference purposes pursuant to the terms
+of this Agreement. Source code may not be redistributed
+unless expressly provided for in this Agreement.
+
+7. 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.
+
+8. Additional Restrictions. 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.
+
+
+SOMQ3.5PE/EE-EVAL LICENSE (LFI#:142957)
+