Sun One License

 

Sun Java(TM) System Directory Server 5.2 (formerly iPlanet(TM) Directory Server)

IF YOU HAVE PAID IN FULL ALL CORRESPONDING FEES AND CHARGES IN CONNECTION WITH A LICENSE FOR Sun Java(TM) System DIRECTORY SERVER 5.2 (ALONG WITH ALL ACCOMPANYING SOFTWARE AND DOCUMENTATION, THE "DIRECTORY SERVER"), YOUR LICENSE TO THE DIRECTORY SERVER IS SET FORTH ENTIRELY IN SECTION B. OTHERWISE, YOUR EVALUATION LICENSE TO THE DIRECTORY SERVER IS SET FORTH ENTIRELY IN SECTION A. The two licenses set forth in Sections A and B are separate and distinct legal agreements.

READ THE TERMS OF THE AGREEMENT IN THE SECTION APPLICABLE TO YOU (THE "APPLICABLE AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO ALL THE TERMS OF THE APPLICABLE AGREEMENT. IF YOU ARE ACCESSING THE DIRECTORY SERVER ELECTRONICALLY, INDICATE YOUR COMPLETE ACCEPTANCE OF THIS AGREEMENT BY SELECTING THE "ACCEPT" BUTTON DISPLAYED ALONG WITH THE APPLICABLE AGREEMENT OR OTHERWISE PROVIDING THE AFFIRMATIVE RESPONSE REQUESTED. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THE APPLICABLE AGREEMENT, DO NOT INSTALL, COPY OR OTHERWISE USE THE DIRECTORY SERVER. IF YOU ARE ACCESSING THE DIRECTORY SERVER ELECTRONICALLY, INDICATE YOUR NON-ACCEPTANCE OF THE APPLICABLE AGREEMENT BY SELECTING THE "REJECT" BUTTON OR OTHERWISE PROVIDING THE NEGATIVE RESPONSE REQUESTED. YOUR INSTALLATION, COPYING OR USE OF THE DIRECTORY SERVER INDICATES THAT YOU AGREE TO BE BOUND BY ALL THE TERMS OF THE APPLICABLE AGREEMENT.

If you are accepting the Applicable Agreement on behalf of a corporation, partnership or other legal entity, the use of the terms "you" and "your" in the Applicable Agreement will refer to such entity and the entity accepting the Applicable Agreement represents and warrants to Sun that it has sufficient permissions, capacity, consents and authority to enter into the Applicable Agreement.

SECTION A:

Sun Microsystems, Inc.
Binary Software Evaluation Agreement ("Agreement")

1.0 DEFINITIONS
"Licensed Software" means all or any portion of the Sun Java(TM) System Directory Server 5.2 in binary form (the "Product"), and any other machine readable materials (including, but not limited to, libraries, header files, and data files), additional software, user manuals, programming guides and other documentation provided to you by or on behalf of Sun Microsystems, Inc. ("Sun") under this Agreement.

2.0 LIMITED LICENSE
Subject to the terms and conditions of this Agreement and your complete acceptance of this Agreement, Sun grants to you a non-exclusive, non-transferable, royalty-free and limited license to use Licensed Software solely for the purposes of evaluation of the Licensed Software and internal design, development, testing and evaluation of software products developed by you. No license is granted to you for any other purpose. You may not sell, rent, loan or otherwise encumber or transfer Licensed Software, in whole or in part, to any third party, including any output or results of execution of the Licensed Software.

3.0 LICENSE RESTRICTIONS
3.1 You may not duplicate the Licensed Software other than for a single copy of binary portions of the Licensed Software for backup purposes only. You agree to reproduce all copyright and other proprietary right notices on any such copy.

3.2 Except as otherwise provided by law, you may not modify or create derivative works of the Licensed Software, or reverse engineer, disassemble or decompile binary portions of the Licensed Software, otherwise attempt to derive the source code from such portions, or assist any other person or entity in any of these activities.

3.3 No right, title, or interest in or to the Licensed Software, any trademarks, service marks, or trade names of Sun or Sun's licensors is granted under this Agreement.

3.4 You have no right to use the Licensed Software in a production environment, for commercial use, or for operational purposes.

3.5 You acknowledge that Licensed Software may contain a timebomb mechanism.

3.6 "Embedded Software" means any and all additional software bundled or tightly integrated with the Product, if any, and delivered to you as part of the Licensed Software. You may not use any Embedded Software on a stand-alone basis or use any portion of the Embedded Software to interoperate with any program other than the Product.

3.7 You may not publish or provide the results of any benchmark or comparison tests run on the Licensed Software to any third party without Sun's prior written consent.

3.8 The JAVA class libraries included as API's with the Licensed Software may be deployed solely for your internal business use.

4.0 NO FURTHER OBLIGATIONS
Neither Sun nor its licensors are under any obligation to support the Licensed Software or to provide you with updates or error corrections (collectively "Software Updates"). If Sun, at its sole option, supplies Software Updates to you, the Software Updates will be considered part of Licensed Software, and subject to the terms of this Agreement. Further, neither Sun nor its licensors are under any obligation to develop, market, sell, distribute or take any other action with respect to the Licensed Software or to provide or ensure compatibility between the Licensed Software and any future version of the Licensed Software.

5.0 TERM AND TERMINATION OF AGREEMENT
5.1 This Agreement will commence on the date on which you install the Licensed Software (the "Effective Date") and will terminate 120 days from the Effective Date, unless terminated earlier as set forth below. However, if the Licensed Software does not require installation for use, the Effective Date is the date that you accept this Agreement.

5.2 You may terminate this Agreement at any time by completely destroying all copies of the Licensed Software and removing all portions of the Licensed Software that you deployed on any electronic device (including without limitation, computer systems, servers, networks, and personal electronic devices).

5.3 Sun may terminate this Agreement upon 10 days' written notice to you. However, Sun may terminate this Agreement immediately should any Licensed Software become, or in Sun's and/or its licensors' opinion be likely to become, the subject of a claim of intellectual property infringement or trade secret misappropriation.

5.4 Sun may terminate this Agreement immediately should you materially breach any of its provisions or take any action in derogation of Sun's and/or its licensors' rights to the Licensed Software.

5.5 Within ten (10) days from termination or expiration of this Agreement, you will immediately cease use of and destroy Licensed Software and any copies thereof and provide Sun a written statement from a duly authorized representative certifying that you have complied with the foregoing obligations.

5.6 The following sections will survive any termination or expiration of this Agreement: Sections 1.0, 3.0, 4.0, 5.5, 5.6, and 6.0-9.0. You shall have no rights to recover damages or seek indemnification arising from rightful termination or expiration of this Agreement, whether by way of lost profits, expenditures, payment of goodwill or otherwise.

6.0 DISCLAIMER OF WARRANTY
6.1 You acknowledge that Licensed Software may contain errors and is not designed or intended for use in the design, construction, operation or maintenance of any nuclear facility ("High Risk Activities"). Sun and its licensors disclaim any express or implied warranty of fitness for such uses. You represent and warrant to Sun that you will not use, distribute or license the Licensed Software for High Risk Activities.

6.2 LICENSED SOFTWARE IS PROVIDED "AS IS". TO THE FULLEST EXTENT ALLOWED BY LAW, SUN EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND OR NATURE CONCERNING THE LICENSED SOFTWARE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

7.0 LIMITATION OF LIABILITY
7.1 You acknowledge that the Licensed Software may have defects or deficiencies that cannot or will not be corrected by Sun. You will hold Sun and its licensors harmless from any claims based on your use of the Licensed Software for any purposes, and from any claims that later versions or releases of any Licensed Software furnished to you are incompatible with the Licensed Software provided to you under this Agreement.

7.2 You shall have the sole responsibility to protect adequately and backup your data and/or equipment used in connection with the Licensed Software. You shall not claim against Sun or its licensors for lost data, re-run time, inaccurate output, work delays or lost profits resulting from your use of the Licensed Software.

7.3 You acknowledge that Sun is under no obligation to release the Licensed Software as a product of Sun or to offer any further releases, versions, enhancements, or updates of the Licensed Software or any bug fixes or corrections for the Licensed Software.

7.4 NEITHER SUN NOR ANY OF SUN'S LICENSORS WILL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER FOR BREACH OR IN TORT, EVEN IF THAT PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. LIABILITY FOR DAMAGES WILL BE LIMITED AND EXCLUDED, EVEN IF ANY EXCLUSIVE REMEDY PROVIDED IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL THE CUMMULATIVE LIABILITY OF SUN FOR ANY DAMAGES WHATSOEVER INCURRED BY YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT ACTUALLY PAID TO SUN BY YOU UNDER THIS AGREEMENT.

8.0 U.S. GOVERNMENT RESTRICTED RIGHTS.
If Licensed 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 the Licensed Software 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).

9.0 GENERAL TERMS
9.1 This Agreement will be governed by and construed in accordance with the laws of the State of California, U.S.A., excluding its conflict of laws principles. You expressly agree and consent that exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement will lie with the federal and state courts located in and serving Santa Clara County, California, U.S.A. The U.N. Convention for the International Sale of Goods and the choice of law rules of any jurisdiction will not apply. The official text of this Agreement is in the English language and any interpretation or construction of this Agreement will be based thereon. In the event that this Agreement or any documents or notices related to it are translated into any other language, the English language version will control.

9.2 Licensed Software and technical data 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 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. Unless authorized by the U.S. Government, you will not, directly or indirectly, export or re-export Licensed Software, nor direct products therefrom, to any embargoed or restricted country identified in the U.S. export laws, including but not limited to the Export Administration Regulations (15 C.F.R. Parts 730-774). You affirm that you are not identified on any U.S. Government export exclusion lists and that you will not use Licensed Software for nuclear missile, chemical biological weaponry, or other weapons of mass destruction.

9.3 It is understood and agreed that, notwithstanding any other provision of this Agreement, your breach of the provisions of Sections 2.0, or 3.0 of this Agreement will cause Sun and/or its licensors irreparable damage for which recovery of money damages would be inadequate, and that Sun and/or its licensors will therefore be entitled to seek timely injunctive relief, without the necessity of posting bond or other security, to protect Sun's and/or its licensors' rights under this Agreement in addition to any and all remedies available at law.

9.4 You may not assign or otherwise transfer any of your rights or obligations under this Agreement, without the prior written consent of Sun.

9.5 If any provision of this Agreement is held invalid by any law or regulation of any government or by any court, such invalidity will not affect the enforceability of any other provisions.

9.6 Any express waiver or failure to exercise promptly any right under this Agreement will not create a continuing waiver or any expectation of non-enforcement.

9.7 This Agreement is the parties' entire agreement relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, conditions, 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 to this Agreement will be binding, unless in writing and signed by an authorized representative of each party.

SECTION B:

Sun Microsystems, Inc.
Binary Code License Agreement ("BCL")

THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE TERMS ARE COLLECTIVELY TERMED THE "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. 4150 Network Circle, Santa Clara, California 95054

Sun Microsystems, Inc.
Supplemental Terms for
Sun Java(TM) System Directory Server 5.2 (formerly iPlanet(TM) Directory Server)

These terms and conditions for Sun Java(TM) System Directory Server 5.2 (the "Product") supplement the terms of the Binary Code License Agreement ("BCL"). Capitalized terms not defined herein will have the meanings ascribed to them in the BCL. These terms will supersede any inconsistent or conflicting terms in the BCL.

1. Definitions.

A. "Directory Instance(s)" means an instance of Sun's lightweight directory access protocol directory server product process, slapd, running on a server.

B. "Entry(ies)" means a single Distinguished Name ("DN") and its associated attributes.

C. "Enterprise Wide" means your entire enterprise network.

2. Additional Use Conditions

A. You will ensure that the Software contains no more than the maximum number of Entries for which the corresponding fee has been paid in full, irrespective of the number of Directory Instances running Enterprise Wide. You will also ensure that at all times, the Licensed Software contains no more than the maximum number of Entries, or any other unit value as described within the sales contract and for which the corresponding fee has been paid in full, irrespective of the number of Directory Instances running Enterprise Wide.

B. You may use the header files contained in the Software solely to create and distribute programs to interface with the Software's APIs. You may also use libraries contained in the Software to create "plug-ins" to interface with the Software's plug-in APIs. You may not modify the header files or libraries. You acknowledge that Sun makes no direct or implied representation of any type that the Software's plug-in APIs will be backward compatible in future releases of the Software or that those plug-ins will be part of future releases of the Software. In addition, you acknowledge that Sun is under no obligation to support or to provide upgrades, error corrections or any other type of modifications to any derivative plug-ins, including without limitation program plug-ins that you create.

C. If Software contains Java classes other than classes which are part of Software's programming interface, you may copy and use the Sample Java Classes solely to create and distribute programs to interface with Sun products.

D. If applicable, you may install and run multiple instances of the iPlanet Console client on multiple computers and platforms for remote and distributed administration of servers and applications.

3.Additional Restrictions. 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.

Directory Server 5.2 License/Rev 1.0  3March03