Sun Microsystems, Inc. Binary Code License Agreement
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. You
acknowledge that Software is not designed, licensed or intended for use
in the design, construction, operation or maintenance of any nuclear facility.
Sun 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.
For inquiries please contact: Sun Microsystems, Inc. 901 San Antonio
Road, Palo Alto, California 94303
================================================================ GRID
ENGINE SUPPLEMENTAL LICENSE TERMS
These supplemental license terms ("Supplemental Terms") add to or modify
the terms of the Binary Code License Agreement (collectively, the "Agreement")
for Grid Engine ("Grid Engine"). 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 Grid Engine Software.
1. Internal Use and Development License Grant. Subject to the terms and
conditions of this Agreement, Sun grants you a non-exclusive, non-transferable,
limited license to reproduce internally and use internally the binary
form of the Grid Engine Software for the purpose of designing, developing
and testing your compatible products.
2. License to Distribute Software. In addition to the license granted
in Section 1 (Internal Use License Grant) of these Supplemental Terms,
subject to the terms and conditions of this Agreement, Sun grants you
a non-exclusive, non-transferable, limited license to reproduce and distribute
the Grid Engine Software in binary code form only, provided that you (i)
distribute the Grid Engine Software complete and unmodified, (ii) do not
remove or alter any proprietary legends or notices contained in the Grid
Engine Software, (iii) only distribute Grid Engine Software subject to
a license agreement that protects Sun's interests consistent with the
terms contained in this Agreement, (iv) include a notice stating that
the Source Code version of the Original Code of this software (as that
term is defined in the Sun Industry License version 1.2) is available
under the terms of the Sun Industry License version 1.2 and subsequent
versions, which may be viewed at www.gridengine.sunsource.net/license.html,
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 Grid Engine Software.
3. Termination. Either party may terminate this Agreement immediately
should any Grid Engine Software become, or in either party's opinion be
likely to become, the subject of a claim of infringement of a patent,
trade secret, copyright or other intellectual property right.
4. No support. Unless you have entered into a separate support agreement
with Sun, Sun is under no obligation to support the Software or to provide
to you any updates or error corrections (collectively referred to as "Software
Updates"). If Sun provides any Software Updates, whether pursuant to a
support agreement or otherwise, at its sole discretion, the Software Updates
will be considered part of the Software and subject to the terms of this
Agreement.
5. Back-up. You have the sole responsibility to protect adequately and
backup your data and/or equipment used in connection with the Software.
Sun shall not be liable for any lost data, re-run time, inaccurate output,
work delays or lost profits resulting from your use of the Software.
6. Open Source license. The Source Code version of the Original Code
of this software is available under the terms of the Sun Industry Standards
License version 1.2 and subsequent versions, which may be viewed at www.gridengine.sunsource.net/license.html.
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