THIS ENTITLEMENT APPLIES TO THE SOFTWARE INDICATED BELOW WHICH IS LICENSED TO YOU UNDER THE TERMS OF THE SOFTWARE LICENSE AGREEMENT FOR THE INITIAL TERM INDICATED BELOW ("INITIAL TERM") AND ANY RENEWAL TERMS AS PROVIDED BELOW.
Licensee/Company Name: Entity receiving Software
Subscription Start Date: Date of delivery of Software to You
Licensed Unit Count: One (1)
Initial Term: One (1) Year
Software: Sun Java System Application Server
This Entitlement applies to Your Software which is licensed to You for the Initial Term under Your Software License Agreement. Sun's license grants are subject to and conditioned upon Your payment of the corresponding fees. Your obligation to pay these fees during Your Initial Term cannot be canceled and the fees are nonrefundable. Following expiration of Your Initial Term, Your subscription license shall automatically renew for successive one year terms, subject to Your payment of the required fees, unless either party gives notice of non-renewal at least ninety (90) days prior to expiration of Your annual term. The Licensed Unit Count is recalculated following the expiration of Your Initial Term and annually after such expiration.
Licensed Unit: Socket
Permitted Use: You may use the Software for Your own Commercial Use, subject to and conditioned on your compliance with the Additional Terms listed below:
Additional Terms:
(1) SJS Directory Server Limited License.
Pursuant to this Entitlement you may use Sun Java System Directory Server ("SJS DS") for storage of:
(a) An unlimited number of Entries, solely to store usernames, passwords, and group ID's accessed by Software's user authentication and authorization features; or
(b) A limited number of Entries solely to store the configuration information required by Applications running on the Software, provided that in no event shall any Application have more than one thousand (1,000) such Entries. Storage of any information (including without limitation contact information and user preferences) except as otherwise explicitly provided in this section, or access to SJS DS from other software products on a stand-alone basis requires purchase of an appropriate Entitlement for SJS DS.
(c) For the purposes of this Additional Term No. 1, "Entries" shall mean a single distinguished name and its associated attributes.
(d) For the purposes of this Additional Term No. 1, "Application” shall mean executable code running in the context of the Software.
(2) Message Queue Limited License. Pursuant to this Entitlement You may use Sun Java System Message Queue for the sole purpose of exchanging Java Message Service messages between, from, or to applications deployed to one or more supported instances of the Software.
(3) SJS Web Server Limited License. Use of the Sun Java System Web Server for the sole purpose of hosting the load balancer plug-in to balance traffic to Software clusters.
(4) Data Direct JDBC Drivers Limited License. Pursuant to this Entitlement you may use Data Direct JDBC drivers solely in conjunction with the Software.
Support: Sun Standard Software Support, Sun Premium Software Support or Sun Premium Plus Software Support may be provided with Your product (as designated on Your invoice). The tasks, deliverables and the parties' other terms and responsibilities associated with such service are posted at: http://www.sun.com/service/servicelist/ - these terms are hereby incorporated by reference as applicable.
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If you are receiving Developer Expert Assistance support services at no additional charge as part of a limited offer through June 30, 2008, the following terms apply to such services:
Sun Developer Expert Assistance – Single Product/Stack
Countries:
North & South America
Argentina
Brazil
Canada
Chile
Colombia
Mexico
Venezuela
United States
Asia & Pac Rim
Australia
Hong Kong
India
Japan
Korea
Malaysia
New Zealand
People's Republic of China
Singapore
Taiwan
Thailand
Europe, Middle East & Africa
Austria
Belgium
Czech Republic
Denmark
Egypt
Germany
Finland
France
Greece
Hungary
Israel
Italy
Kingdom of Saudi Arabia
Luxembourg
Monaco
Netherlands
Norway
Poland
Portugal
Russian Federation
Slovakia
South Africa
Spain
Sweden
Switzerland
Turkey
United Arab Emirates
United Kingdom
Scope
Sun will make commercially reasonable efforts to provide You with on-line development technical assistance support for the Software and other deliverables, as set forth in Section 2 below (the "Service") during the Initial Term only. If You desire to continue receiving the Service after the Initial Term, you must purchase the Service from Sun.
Sun's Tasks and Deliverables
Per Incident Developer Support, Coverage Hours and Response Times
Per Incident Developer Support. You may obtain support for an unlimited number of incidents for specific development technical assistance directly related to the Software during the Initial Term. Only one copy of the Software is covered by the Service, and no other software products are covered. No maintenance or support services are provided for the Software or otherwise as part of this Service.
Submitting a Request. You should submit a request for Service for a specific development technical issue using Sun's online web form, located at: http://developers.sun.com/services/expertassistance/submission.jsp?category=sdn. Sun's web form requires a service contract number, contact information, product type and version, and description of the request.
Coverage Hours and Response Times. You can request Service twenty-four (24) hours per day, seven (7) days per week via the web, as described above. A Sun support engineer will generally be assigned to the request within one (1) business day.
Customer Responsibilities
Qualified Personnel. You will ensure that your designated contacts who place calls for Service are certified or trained on the Software ("Contacts").
Contract Information. If Sun is not able to obtain entitlement information through the registration process, at Sun's request You will provide Sun with a valid Software support contract number, Software product identification code, and any other information reasonably requested by Sun, in order to demonstrate Service entitlement prior to the commencement of the Service.
Additional Provisions.
English Language. Unless otherwise specified by Sun, the Service is provided only in the English language.
Resolution. Sun will use commercially reasonable efforts to resolve Your requests for Service. However, it may not be reasonably possible to resolve all such requests.
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Sun Microsystems, Inc. ("Sun")
SOFTWARE LICENSE AGREEMENT
READ THE TERMS OF THIS AGREEMENT ("AGREEMENT") CAREFULLY BEFORE OPENING
SOFTWARE MEDIA PACKAGE. BY OPENING SOFTWARE MEDIA PACKAGE, YOU AGREE
TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING SOFTWARE
ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE
"ACCEPT" (OR EQUIVALENT) BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO
NOT AGREE TO ALL OF THE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO
YOUR PLACE OF PURCHASE FOR A REFUND OR, IF SOFTWARE IS ACCESSED
ELECTRONICALLY, SELECT THE "DECLINE" (OR "EXIT") 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 are 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.