NetBeans Version 5.5.1
Please review the complete list of open-source licenses
governing software included in this software. They can be
found in the THIRDPARTYLICENSE.txt file.
Please review the list of libraries and licenses provided
for use and redistribution by other parties. These libraries
are redistributable subject to the conditions in the
DISTRIBUTION.txt file.
This license file contains five distinct licenses.
LICENSE #1: The Common Development and Distribution License
(CDDL), Version 1.0 governs your use of:
NetBeans software. NetBeans software also makes use of
additional libraries made available for use and distribution
by other parties, including open-source projects.
LICENSE #2: The Sun Microsystems, Inc. ("Sun") Software
License Agreement governs your use of:
Plugin for Sun Java System Application Server Platform Edition
to NetBeans IDE, JAX-RPC 1.1.3, JAXP 1.3.1, SAAJ 1.2.2,
JavaMail 1.3.1, JavaServer Faces 1.1_01, Java Help 2.0, J2EE
Deployment 1.1 Specification Interface Classes.
-----------------------------------------------------------
LICENSE #1:
COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)
Version 1.0
1. Definitions.
1.1. Contributor means each individual or entity that creates
or contributes to the creation of Modifications.
1.2. Contributor Version means the combination of the Original
Software, prior Modifications used by a Contributor (if any),
and the Modifications made by that particular Contributor.
1.3. Covered Software means (a) the Original Software, or
(b) Modifications, or (c) the combination of files containing
Original Software with files containing Modifications, in each
case including portions thereof.
1.4. Executable means the Covered Software in any form other
than Source Code.
1.5. Initial Developer means the individual or entity that
first makes Original Software available under this License.
1.6. Larger Work means a work which combines Covered Software
or portions thereof with code not governed by the terms of this
License.
1.7. License means this document.
1.8. Licensable means having the right to grant, to the
maximum extent possible, whether at the time of the initial
grant or subsequently acquired, any and all of the rights
conveyed herein.
1.9. Modifications means the Source Code and Executable form
of any of the following:
A. Any file that results from an
addition to, deletion from or modification of the contents of
a file containing Original Software or previous Modifications;
B. Any new file that contains any part of the Original Software
or previous Modification; or
C. Any new file that is contributed or otherwise made available
under the terms of this License.
1.10. Original Software means the Source Code and Executable
form of computer software code that is originally released
under this License.
1.11. Patent Claims means any patent claim(s), now owned or
hereafter acquired, including without limitation, method,
process, and apparatus claims, in any patent Licensable by
grantor.
1.12. Source Code means
(a) the common form of computer software code in which
modifications are made and
(b) associated documentation included in or with such code.
1.13. You (or Your) means an individual or a legal entity
exercising rights under, and complying with all of the terms
of, this License. For legal entities, You includes any entity
which controls, is controlled by, or is under common control
with You. For purposes of this definition, control means
(a) the power, direct or indirect, to cause the direction or
management of such entity, whether by contract or otherwise,
or
(b) ownership of more than fifty percent (50%) of the
outstanding shares or beneficial ownership of such entity.
2. License Grants.
2.1. The Initial Developer Grant. Conditioned upon Your
compliance with Section
3.1 below and subject to third party intellectual property
claims, the Initial Developer hereby grants You a world-wide,
royalty-free, non-exclusive license:
(a) under intellectual property rights (other than patent
or trademark) Licensable by Initial Developer, to use,
reproduce, modify, display, perform, sublicense and
distribute the Original Software (or portions thereof),
with or without Modifications, and/or as part of a Larger
Work; and
(b) under Patent Claims infringed by the making, using or
selling of Original Software, to make, have made, use,
practice, sell, and offer for sale, and/or otherwise
dispose of the Original Software (or portions thereof);
(c) The licenses granted in Sections
2.1 (a) and (b) are effective on the date Initial Developer
first distributes or otherwise makes the Original Software
available to a third party under the terms of this License;
(d) Notwithstanding Section
2.1(b) above, no patent license is granted:
(1) for code that You delete from the Original Software, or
(2) for infringements caused by:
(i) the modification of the Original Software, or
(ii) the combination of the Original Software with other
software or devices.
2.2. Contributor Grant. Conditioned upon Your compliance with
Section
3.1 below and subject to third party intellectual property
claims, each Contributor hereby grants You a world-wide,
royalty-free, non-exclusive license:
(a) under intellectual property rights (other than patent
or trademark) Licensable by Contributor to use, reproduce,
modify, display, perform, sublicense and distribute the
Modifications created by such Contributor (or portions
thereof), either on an unmodified basis, with other
Modifications, as Covered Software and/or as part of a
Larger Work; and
(b) under Patent Claims infringed by the making, using, or
selling of Modifications made by that Contributor either
alone and/or in combination with its Contributor Version
(or portions of such combination), to make, use, sell,
offer for sale, have made, and/or otherwise dispose of:
(1) Modifications made by that Contributor (or portions
thereof); and
(2) the combination of Modifications made by that
Contributor with its Contributor Version (or portions of
such combination).
(c) The licenses granted in Sections
2.2(a) and
2.2(b) are effective on the date Contributor first
distributes or otherwise makes the Modifications available
to a third party.
(d) Notwithstanding Section
2.2(b) above, no patent license is granted:
(1) for any code that Contributor has deleted from
the Contributor Version;
(2) for infringements caused by:
(i) third party modifications of Contributor Version, or
(ii) the combination of Modifications made by that
Contributor with other software (except as part of the
Contributor Version) or other devices; or
(3) under Patent Claims infringed by Covered Software in
the absence of Modifications made by that Contributor.
3. Distribution Obligations.
3.1. Availability of Source Code. Any Covered Software that
You distribute or otherwise make available in Executable
form must also be made available in Source Code form and
that Source Code form must be distributed only under the
terms of this License. You must include a copy of this
License with every copy of the Source Code form of the
Covered Software You distribute or otherwise make
available. You must inform recipients of any such Covered
Software in Executable form as to how they can obtain such
Covered Software in Source Code form in a reasonable manner
on or through a medium customarily used for software
exchange.
3.2. Modifications. The Modifications that You create or to
which You contribute are governed by the terms of this
License. You represent that You believe Your Modifications
are Your original creation(s) and/or You have sufficient
rights to grant the rights conveyed by this License.
3.3. Required Notices. You must include a notice in each of
Your Modifications that identifies You as the Contributor of
the Modification. You may not remove or alter any copyright,
patent or trademark notices contained within the Covered
Software, or any notices of licensing or any descriptive
text giving attribution to any Contributor or the Initial
Developer.
3.4. Application of Additional Terms. You may not offer or
impose any terms on any Covered Software in Source Code form
that alters or restricts the applicable version of this
License or the recipients rights hereunder. You may choose
to offer, and to charge a fee for, warranty, support,
indemnity or liability obligations to one or more
recipients of Covered Software. However, you may do so only
on Your own behalf, and not on behalf of the Initial
Developer or any Contributor. You must make it absolutely
clear that any such warranty, support, indemnity or
liability obligation is offered by You alone, and You
hereby agree to indemnify the Initial Developer and every
Contributor for any liability incurred by the Initial
Developer or such Contributor as a result of warranty,
support, indemnity or liability terms You offer.
3.5. Distribution of Executable Versions. You may distribute
the Executable form of the Covered Software under the terms
of this License or under the terms of a license of Your
choice, which may contain terms different from this
License, provided that You are in compliance with the terms
of this License and that the license for the Executable
form does not attempt to limit or alter the recipients
rights in the Source Code form from the rights set forth in
this License. If You distribute the Covered Software in
Executable form under a different license, You must make it
absolutely clear that any terms which differ from this
License are offered by You alone, not by the Initial
Developer or Contributor. You hereby agree to indemnify the
Initial Developer and every Contributor for any liability
incurred by the Initial Developer or such Contributor as a
result of any such terms You offer.
3.6. Larger Works. You may create a Larger Work by combining
Covered Software with other code not governed by the terms
of this License and distribute the Larger Work as a single
product. In such a case, You must make sure the
requirements of this License are fulfilled for the Covered
Software.
4. Versions of the License.
4.1. New Versions. Sun Microsystems, Inc. is the initial
license steward and may publish revised and/or new versions
of this License from time to time. Each version will be
given a distinguishing version number. Except as provided
in Section
4.3, no one other than the license steward has the right to
modify this License.
4.2. Effect of New Versions. You may always continue to use,
distribute or otherwise make the Covered Software available
under the terms of the version of the License under which
You originally received the Covered Software. If the
Initial Developer includes a notice in the Original
Software prohibiting it from being distributed or otherwise
made available under any subsequent version of the License,
You must distribute and make the Covered Software available
under the terms of the version of the License under which
You originally received the Covered Software. Otherwise,
You may also choose to use, distribute or otherwise make
the Covered Software available under the terms of any
subsequent version of the License published by the license
steward.
4.3. Modified Versions. When You are an Initial Developer and
You want to create a new license for Your Original Software,
You may create and use a modified version of this License if You:
(a) rename the license and remove any references to the name of
the license steward (except to note that the license differs
from this License); and
(b) otherwise make it clear that the license contains terms
which differ from this License.
5. DISCLAIMER OF WARRANTY. COVERED SOFTWARE IS PROVIDED
UNDER THIS LICENSE ON AN AS IS BASIS, WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF
DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY
COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT
THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE
COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS
DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF
THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED
HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
6. TERMINATION.
6.1. This License and the rights granted hereunder will
terminate automatically if You fail to comply with terms
herein and fail to cure such breach within 30 days of
becoming aware of the breach. Provisions which, by their
nature, must remain in effect beyond the termination of
this License shall survive.
6.2. If You assert a patent infringement claim (excluding
declaratory judgment actions) against Initial Developer or
a Contributor (the Initial Developer or Contributor against
whom You assert such claim is referred to as Participant)
alleging that the Participant Software (meaning the
Contributor Version where the Participant is a Contributor
or the Original Software where the Participant is the
Initial Developer) directly or indirectly infringes any
patent, then any and all rights granted directly or
indirectly to You by such Participant, the Initial Developer
(if the Initial Developer is not the Participant) and all
Contributors under Sections
2.1 and/or 2.2 of this License shall, upon 60 days notice
from Participant terminate prospectively and automatically
at the expiration of such 60 day notice period, unless if
within such 60 day period You withdraw Your claim with
respect to the Participant Software against such Participant
either unilaterally or pursuant to a written agreement with
Participant.
6.3. In the event of termination under Sections
6.1 or 6.2 above, all end user licenses that have been
validly granted by You or any distributor hereunder
prior to termination (excluding licenses granted to You
by any distributor) shall survive termination.
7. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND
UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE),
CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER,
ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED
SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE
TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL,
WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND
ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY
SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH
DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO
LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH
PARTYS NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS
SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO
YOU.
8. U.S. GOVERNMENT END USERS. The Covered Software is a
commercial item, as that term is defined in 48 C.F.R. 2.101
(Oct. 1995), consisting of commercial computer software (as
that term is defined at 48 C.F.R. 252.227-7014(a)(1)) and
commercial computer software documentation as such terms
are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with
48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4
(June 1995), all U.S. Government End Users acquire Covered
Software with only those rights set forth herein. This U.S.
Government Rights clause is in lieu of, and supersedes, any
other FAR, DFAR, or other clause or provision that addresses
Government rights in computer software under this License.
9. MISCELLANEOUS. This License represents the complete
agreement concerning subject matter hereof. If any provision
of this License is held to be unenforceable, such provision
shall be reformed only to the extent necessary to make it
enforceable. This License shall be governed by the law of
the jurisdiction specified in a notice contained within the
Original Software (except to the extent applicable law, if
any, provides otherwise), excluding such jurisdictions
conflict-of-law provisions. Any litigation relating to this
License shall be subject to the jurisdiction of the courts
located in the jurisdiction and venue specified in a notice
contained within the Original Software, with the losing
party responsible for costs, including, without limitation,
court costs and reasonable attorneys fees and expenses. The
application of the United Nations Convention on Contracts
for the International Sale of Goods is expressly excluded.
Any law or regulation which provides that the language of a
contract shall be construed against the drafter shall not
apply to this License. You agree that You alone are
responsible for compliance with the United States export
administration regulations (and the export control laws and
regulation of any other countries) when You use, distribute
or otherwise make available any Covered Software.
10. RESPONSIBILITY FOR CLAIMS. As between Initial Developer
and the Contributors, each party is responsible for claims
and damages arising, directly or indirectly, out of its
utilization of rights under this License and You agree to
work with Initial Developer and Contributors to distribute
such responsibility on an equitable basis. Nothing herein
is intended or shall be deemed to constitute any admission
of liability.
-----------------------------------------------------------
NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND
DISTRIBUTION LICENSE (CDDL): This code is released under
the CDDL and shall be governed by the laws of the State of
California (excluding conflict-of-law provisions). Any
litigation relating to this License shall be subject to
the jurisdiction of the Federal Courts of the Northern
District of California and the state courts of the State
of California, with venue lying in Santa Clara County,
California.
-----------------------------------------------------------
LICENSE #2:
Sun Microsystems, Inc. ("Sun") SOFTWARE LICENSE AGREEMENT
and ENTITLEMENT for SOFTWARE
A. ENTITLEMENT for SOFTWARE
Licensee/Company: Entity receiving Software.
Effective Date: Date of delivery of the Software to You.
Software:
-PLUGIN FOR SUN JAVA SYSTEM APPLICATION SERVER PLATFORM
EDITION TO NETBEANS IDE
-JAX-RPC 1.1.3
-JAXP 1.3.1
-SAAJ 1.2.2
-JavaMail 1.3.1
-JavaServer Faces 1.1_01
-Java Help 2.0
-J2EE Deployment 1.1 SPECIFICATION INTERFACE CLASSES
-Javac compiler 5.0
-Java Metadata Interface (JMI) 1.0 SPECIFICATION INTERFACE
CLASSES
License Term: Perpetual (subject to termination under
the SLA)
Licensed Unit: Software Copy
Licensed unit Count: Unlimited
Permitted Uses:
1. You may reproduce and use the Software for Research and
Instructional, Individual, and Commercial Uses for the
purposes of designing, developing, testing, and running your
applets or applications ("Programs") provided that for a
particular version of the Java platform, any executable
output generated by a Java compiler contained in the
Software (i) is compiled from source code that conforms to
the corresponding version of the OEM Java Language
Specification; (ii) is in the class file format defined by
the corresponding version of the OEM Java Virtual Machine
Specification; and (iii) executes properly on a reference
runtime, as specified by Sun, associated with such version
of the Java platform.
2. You may only use the Java 2 Platform, Enterprise Edition
(J2EE), Platform Specification in accordance with the J2EE
Specification License set forth in the DistributionREADME.
You may only use the Java Platform Enterprise Edition 5 API
Documentation in accordance with the Java Platform
Enterprise Edition 5 Specification Licence set forth in the
DistributionREADME.
3. 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 Sun in any naming convention designation.
4. Subject to the terms and conditions of this Agreement and
restrictions and exceptions set forth in the Software's
documentation, You may reproduce and distribute the Software
(and also portions of Software identified as Redistributable
in the documentation accompanying Software), provided that
you:
(a) distribute the Software complete and unmodified and only
bundled as part of your Programs,
(b) do not distribute additional software intended to
replace any component(s) of the Software,
(c) do not remove or alter any proprietary legends or
notices contained in or on the Software.
(d) only distribute the Software subject to a license
agreement that protects Sun's interests consistent with the
terms contained in this Agreement, and
(e) 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.
B. SOFTWARE LICENSE AGREEMENT
PLEASE READ THE TERMS OF THIS AGREEMENT ("AGREEMENT")
CAREFULLY. BY USING, REPRODUCING, DISTRIBUTING OR MODIFYING
THE SOFTWARE, YOU INDICATE THAT YOU AGREE TO AND ACCEPT ALL
OF ITS TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS,
PROMPTLY UNINSTALL THE SOFTWARE AND PERMANENTLY DELETE ALL
FILES DOWNLOADED OR CREATED BY THE INSTALLATION OR, IF
SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE"
(OR EQUIVALENT) 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 is 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.
To use the software, you must review, accept and agree to
the terms of the licenses listed above for the NetBeans
software and its individual components.
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