Java Servlet Implementation Classes
Version 2.1.1
Binary Code License
This binary code license ("License") contains rights and restrictions
associated with use of the accompanying Java Servlet Implementation Classes
software and documentation ("Software"). Read the License carefully before
using the Software. By using the Software you agree to the terms and
conditions of this License.
1. Limited License Grant. By agreeing to this License, Sun grants to you
("Licensee") a non-exclusive, nontransferable limited license to use the
Software without fee for evaluation of the Software and for development
of applications which utilize the Software. Licensee may make one archival
copy of the Software and may redistribute complete, unmodified copies of
the Software to software developers within the Licensee's organization to
avoid unnecessary download time provided that this License conspicuously
appear with all copies of the Software. Except for the foregoing and the
distribution rights authorized for the Servlet Classes specified below,
Licensee may not redistribute the Software in whole or in part, either
separately or included with a product.
2. License to Distribute Servlet Classes. Licensee is granted a royalty-free
right to reproduce and distribute the binary code form of the servlet
classes contained in the Software in the archive file "servlet.jar"
("Servlet Classes"), provided that Licensee: (i) distributes the Servlet
Classes complete and unmodified in their original Java Archive file, and
only as a part of Licensee's application that incorporates the Servlet
Classes ("Program"); (ii) does not distribute additional software intended
to replace any components of the Servlet Classes; (iii) agrees to
incorporate the most current version of the Servlet Classes that was
available from Sun no later than 180 days prior to each production release
of Program; (iv) does not remove or alter any proprietary legends or
notices contained in the Servlet Classes; (v) includes the provisions of
Sections 3, 4, 6, 8, and 9 in Licensee's license agreement for the Program;
and (vi) agrees to indemnify, hold harmless, and defend Sun and its
licensors from and against any claims or lawsuits, including attorneys'
fees, that arise or result from the use or distribution of the Software.
3. Java Platform Interface. Licensee may not modify the Java Platform
Interface (JPI, identified as classes contained within the javax package
or any subpackages of the javax 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 Licensee creates any
Java-related API and distribute such API to others for applet or
application development, you must promptly publish broadly, an accurate
specification for such API for free use by all developers of Java-based
software.
4. Restrictions. Software is confidential copyrighted information of Sun and
title to all copies is retained by Sun and/or its licensors. Licensee
shall not modify, decompile, disassemble, decrypt, extract, or otherwise
reverse engineer Software. Software may not be leased, assigned, or
sublicensed, in whole or in part. Software is not designed or intended
for use in on-line control of aircraft, air traffic, aircraft navigation
or aircraft communications; or in the design, construction, operation or
maintenance of any nuclear facility. Licensee warrants that it will not
use or redistribute the Software for such purposes.
5. Trademarks and Logos. This License does not authorize Licensee to use any
Sun name, trademark or logo. Licensee acknowledges that Sun owns the
Java trademark and all Java- related trademarks, logos and icons including
the Coffee Cup and Duke ("Java Marks") and agrees to: (i) to comply with
the Java Trademark Guidelines at http://java.sun.com/ trademarks.html;
(ii) not do anything harmful to or inconsistent with Sun's rights in the
Java Marks; and (iii) assist Sun in protecting those rights, including
assigning to Sun any rights acquired by Licensee in any Java Mark.
6. Disclaimer of Warranty. Software is provided "AS IS," without a warranty
of any kind. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES,
INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED.
7. Limitation of Liability. SUN AND ITS LICENSORS SHALL NOT BE LIABLE FOR
ANY DAMAGES SUFFERED BY LICENSEE OR ANY THIRD PARTY AS A RESULT OF USING
OR DISTRIBUTING SOFTWARE. IN NO EVENT WILL SUN OR ITS LICENSORS BE
LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT,
SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED
AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR
INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
8. Termination. This License is effective until terminated. Licensee may
terminate this License at any time by destroying all copies of Software.
This License will terminate immediately without notice from Sun if Licensee
fails to comply with any provision of this License. Upon such termination,
Licensee must destroy all copies of Software.
9. Export Regulations. Software, including technical data, is subject to U.S.
export control laws, including the U.S. Export Administration Act and its
associated regulations, and may be subject to export or import regulations
in other countries. Licensee agrees to comply strictly with all such
regulations and acknowledges that it has the responsibility to obtain
licenses to export, re-export, or import Software. Software may not be
downloaded, or otherwise exported or re-exported (i) into, or to a national
or resident of, Cuba, Iraq, Iran, North Korea, Libya, Sudan, Syria or any
country to which the U.S. has embargoed goods; or (ii) to anyone on the
U.S. Treasury Department's list of Specially Designated Nations or the U.S.
Commerce Department's Table of Denial Orders.
10. Restricted Rights. Use, duplication or disclosure by the United States
government is subject to the restrictions as set forth in the Rights in
Technical Data and Computer Software Clauses in DFARS 252.227-7013(c)
(1) (ii) and FAR 52.227-19(c) (2) as applicable.
11. Governing Law. Any action related to this License will be governed by
California law and controlling U.S. federal law. No choice of law rules
of any jurisdiction will apply.
12. Severability. If any of the above provisions are held to be in
violation of applicable law, void, or unenforceable in any jurisdiction,
then such provisions are herewith waived to the extent necessary for the
License to be otherwise enforceable in such jurisdiction. However, if in
Sun's opinion deletion of any provisions of the License by operation of
this paragraph unreasonably compromises the rights or increase the
liabilities of Sun or its licensors, Sun reserves the right to terminate
the License and refund the fee paid by Licensee, if any, as Licensee's
sole and exclusive remedy.
13. Integration. This Agreement is the entire agreement between Licensee 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.