Oracle Corporation Binary Code License Agreement
for the JAVA SE RUNTIME ENVIRONMENT (JRE) VERSION 6 and JAVAFX RUNTIME
ORACLE CORPORATION ("ORACLE") IS WILLING TO LICENSE THE SOFTWARE
IDENTIFIED BELOW TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF
THE TERMS CONTAINED IN THIS BINARY CODE LICENSE AGREEMENT AND
SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT"). PLEASE READ
THE AGREEMENT CAREFULLY. BY USING THE SOFTWARE YOU ACKNOWLEDGE THAT
YOU HAVE READ THE TERMS AND AGREE TO THEM. IF YOU ARE AGREEING TO
THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU
REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE LEGAL ENTITY
TO THESE TERMS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT
WISH TO BE BOUND BY THE TERMS, THEN YOU MUST NOT USE THE SOFTWARE ON
THIS SITE OR ANY OTHER MEDIA ON WHICH THE SOFTWARE IS CONTAINED.
1. DEFINITIONS. "Software" means the identified above in binary
form, any other machine readable materials (including, but not limited
to, libraries, source files, header files, and data files), any
updates or error corrections provided by Oracle, and any user manuals,
programming guides and other documentation provided to you by Oracle
under this Agreement. "General Purpose Desktop Computers and Servers"
means computers, including desktop and laptop computers, or servers,
used for general computing functions under end user control (such as
but not specifically limited to email, general purpose Internet
browsing, and office suite productivity tools). The use of Software
in systems and solutions that provide dedicated functionality (other
than as mentioned above) or designed for use in embedded or
function-specific software applications, for example but not limited
to: Software embedded in or bundled with industrial control systems,
wireless mobile telephones, wireless handheld devices, netbooks,
kiosks, TV/STB, Blu-ray Disc devices, telematics and network control
switching equipment, printers and storage management systems, and
other related systems are excluded from this definition and not
licensed under this Agreement. "Programs" means (a) Java technology
applets and applications intended to run on the Java Platform Standard
Edition (Java SE) platform on Java-enabled General Purpose Desktop
Computers and Servers, and (b) JavaFX technology applications intended
to run on the JavaFX Runtime on JavaFX-enabled General Purpose Desktop
Computers and Servers.
2. LICENSE TO USE. Subject to the terms and conditions of this
Agreement, including, but not limited to the Java Technology
Restrictions of the Supplemental License Terms, Oracle grants you a
non-exclusive, non-transferable, limited license without license fees
to reproduce and use internally Software complete and unmodified for
the sole purpose of running Programs. Additional licenses for
developers and/or publishers are granted in the Supplemental License
Terms.
3. RESTRICTIONS. Software is confidential and copyrighted. Title to
Software and all associated intellectual property rights is retained
by Oracle and/or its licensors. Unless enforcement is prohibited by
applicable law, you may not modify, decompile, or reverse engineer
Software. You acknowledge that Licensed Software is not designed or
intended for use in the design, construction, operation or maintenance
of any nuclear facility. Oracle Corporation 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
Oracle or its licensors is granted under this Agreement. Additional
restrictions for developers and/or publishers licenses are set forth
in the Supplemental License Terms.
4. LIMITED WARRANTY. Oracle 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 Oracle's entire liability under this limited warranty will
be at Oracle's option to replace Software media or refund the fee paid
for Software. Any implied warranties on the Software are limited to
90 days. Some states do not allow limitations on duration of an
implied warranty, 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.
5. 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.
6. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN
NO EVENT WILL ORACLE 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 ORACLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. In no event will Oracle'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.
7. 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 Oracle if you fail to comply with any provision of this
Agreement. 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. Upon Termination, you must destroy all copies of
Software.
8. 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.
9. TRADEMARKS AND LOGOS. You acknowledge and agree as between you
and Oracle that Oracle owns the ORACLE, SUN, SOLARIS, JAVA, JINI,
FORTE, and iPLANET trademarks and all ORACLE, SOLARIS, JAVA, JINI,
FORTE, and iPLANET-related trademarks, service marks, logos and other
brand designations ("Oracle Marks"), and you agree to comply with the
Third Party Usage Guidelines currently located at
http://www.oracle.com/html/3party.html Any use you make of the Oracle
Marks inures to Oracle's benefit.
10. 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).
11. 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.
12. 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.
13. INTEGRATION. This Agreement is the entire agreement between you
and Oracle 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.
SUPPLEMENTAL LICENSE TERMS
These Supplemental License Terms add to or modify the terms of the
Binary Code License Agreement. Capitalized terms not defined in these
Supplemental Terms shall have the same meanings ascribed to them in
the Binary Code License Agreement . These Supplemental Terms shall
supersede any inconsistent or conflicting terms in the Binary Code
License Agreement, or in any license contained within the Software.
A. Software Internal Use and Development License Grant. Subject to
the terms and conditions of this Agreement and restrictions and
exceptions set forth in the Software "README" file incorporated herein
by reference, including, but not limited to the Java Technology
Restrictions of these Supplemental Terms, Oracle grants you a
non-exclusive, non-transferable, limited license without fees to
reproduce internally and use internally the Software complete and
unmodified for the purpose of designing, developing, and testing your
Programs.
B. License to Distribute Software. Subject to the terms and
conditions of this Agreement and restrictions and exceptions set forth
in the Software README file, including, but not limited to the Java
Technology Restrictions of these Supplemental Terms, Oracle grants you
a non-exclusive, non-transferable, limited license without fees to
reproduce and distribute the Software (except for the JavaFX Runtime),
provided that (i) you distribute the Software complete and unmodified
and only bundled as part of, and for the sole purpose of running, your
Programs, (ii) the Programs add significant and primary functionality
to the Software, (iii) you do not distribute additional software
intended to replace any component(s) of the Software, (iv) you do not
remove or alter any proprietary legends or notices contained in the
Software, (v) you only distribute the Software subject to a license
agreement that protects Oracle's interests consistent with the terms
contained in this Agreement, and (vi) you agree to defend and
indemnify Oracle 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.
C. Java Technology Restrictions. You may not create, modify, or
change the behavior of, or authorize your licensees to create, modify,
or change the behavior of, classes, interfaces, or subpackages that
are in any way identified as "java", "javax", "sun" or similar
convention as specified by Oracle in any naming convention
designation.
D. Source Code. Software may contain source code that, unless
expressly licensed for other purposes, 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.
E. Third Party Code. Additional copyright notices and license terms
applicable to portions of the Software are set forth in the
THIRDPARTYLICENSEREADME.txt file. In addition to any terms and
conditions of any third party opensource/freeware license identified
in the THIRDPARTYLICENSEREADME.txt file, the disclaimer of warranty
and limitation of liability provisions in paragraphs 5 and 6 of the
Binary Code License Agreement shall apply to all Software in this
distribution.
F. 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.
G. Installation and Auto-Update. The Software's installation and
auto-update processes transmit a limited amount of data to Oracle (or
its service provider) about those specific processes to help Oracle
understand and optimize them. Oracle does not associate the data with
personally identifiable information. You can find more information
about the data Oracle collects at http://java.com/data/.
For inquiries please contact: Oracle Corporation, 500 Oracle Parkway,
Redwood Shores, California 94065, USA.