Sun Microsystems, Inc.
Binary Code License Agreement
JAVA ADVANCED IMAGING API, VERSION 1.1.2
READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT")
CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE
TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE YOUR
ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO
NOT AGREE TO ALL THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE FOR A
REFUND OR, IF THE SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THIS
AGREEMENT.
1. LICENSE TO USE. Sun grants you a non-exclusive and non-transferable license for the internal use
only of the accompanying software and documentation and any error corrections provided by Sun
(collectively "Software"), by the number of users and the class of computer hardware for which the
corresponding fee has been paid.
2. RESTRICTIONS. Software is confidential and copyrighted. Title to Software and all associated
intellectual property rights is retained by Sun and/or its licensors. Except as specifically
authorized in any Supplemental License Terms, you may not make copies of Software, other than a
single copy of Software for archival purposes. Unless enforcement is prohibited by applicable law,
you may not modify, decompile, or reverse engineer Software. Licensee acknowledges that Software is
not designed or intended for use in the design, construction, operation or maintenance of any nuclear
facility. Sun Microsystems, Inc. disclaims any express or implied warranty of fitness for such uses.
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.
3. LIMITED WARRANTY. Sun warrants to you that for a period of ninety (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.
4. 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.
5. 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.
6. Termination. This Agreement is effective until terminated. You may terminate this Agreement at
any time by destroying all copies of Software. This Agreement will terminate immediately without
notice from Sun if you fail to comply with any provision of this Agreement. Upon Termination, you
must destroy all copies of Software.
7. Export Regulations. All Software and technical data delivered under this Agreement are subject to
US 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.
8. 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).
9. 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.
10. 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.
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.
JAVA ADVANCED IMAGING, VERSION 1.1.2
SUPPLEMENTAL LICENSE TERMS
These supplemental license terms ("Supplemental Terms") add to or modify the terms of the Binary Code
License Agreement (collectively, the "Agreement"). Capitalized terms not defined in these Supplemental
Terms shall have the same meanings ascribed to them in the Agreement. These Supplemental Terms shall
supersede any inconsistent or conflicting terms in the Agreement, or in any license contained within the
Software.
1. Software Internal Use and Development License Grant. Subject to the terms and conditions of this
Agreement, including, but not limited to Section 3 (Java Technology Restrictions) of these Supplemental
Terms, Sun grants you a non-exclusive, non-transferable, limited license to reproduce internally and use
internally the binary form of the Software, complete and unmodified, for the sole purpose of designing,
developing and testing your Java applets and applications ("Programs").
2. License to Distribute Software. In addition to the license granted in Section 1 (Software Internal Use
and Development License Grant) of these Supplemental Terms, subject to the terms and conditions of this
Agreement, including but not limited to, Section 3 (Java Technology Restrictions) of these Supplemental
Terms, Sun grants you a non-exclusive, non-transferable, limited license to reproduce and distribute the
Software in binary code form only, provided that you (i) distribute the Software complete and unmodified
and only bundled as part of your Programs, (ii) do not distribute additional software intended to replace
any component(s) of the Software, (iii) do not remove or alter any proprietary legends or notices
contained in 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) 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.
3. Java Technology Restrictions. You may not modify the Java Platform Interface ("JPI", identified as
classes contained within the "java" package or any subpackages of the "java" package), by creating
additional classes within the JPI or otherwise causing the addition to or modification of the classes in
the JPI. 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 subpackages that are in any way identified as
"java", "javax", "sun" or similar convention as specified by Sun in any naming convention designation.
4. Java Runtime Availability. Refer to the appropriate version of the Java Runtime Environment binary
code license (currently located at http://www.java.sun.com/jdk/index.html) for the availability of
runtime code which may be distributed with Java applets and applications.
5. Trademarks and Logos. You acknowledge and agree as between you and Sun that Sun owns the SUN, SOLARIS,
JAVA, JINI, FORTE, and iPLANET trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE, 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.
For inquiries please contact: Sun Microsystems, Inc., 4150 Network Circle, Santa Clara, California 95054, U.S.A.
(LFI#143342/Form ID#011801)