Oracle Binary Code License Agreement for the Java SE Platform Products
ORACLE
AMERICA, INC. ("ORACLE"), FOR AND ON BEHALF OF ITSELF AND ITS
SUBSIDIARIES AND AFFILIATES UNDER COMMON CONTROL, IS WILLING TO
LICENSE THE SOFTWARE 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
SELECTING THE "ACCEPT LICENSE AGREEMENT" (OR THE EQUIVALENT) BUTTON
AND/OR 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 SELECT THE "DECLINE LICENSE
AGREEMENT" (OR THE EQUIVALENT) BUTTON AND YOU MUST NOT USE THE SOFTWARE
ON THIS SITE OR ANY OTHER MEDIA ON WHICH THE SOFTWARE IS CONTAINED.1.
DEFINITIONS. "Software" means the Java SE Platform Products in
binary form that you selected for download, install or use from Oracle
or its authorized licensees, 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 Java technology applets and
applications intended to run on the Java Platform, Standard
Edition platform on Java-enabled General Purpose Desktop Computers and
Servers. “Commercial Features” means those features identified in
Table 1-1 (Commercial Features In Java SE Product Editions) of the
Software documentation accessible at http://www.oracle.com/technetwork/java/javase/documentation/index.html. “README File” means the README file for the Software accessible at http://www.oracle.com/technetwork/java/javase/documentation/index.html.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 the Software complete and unmodified
for the sole purpose of running Programs. THE LICENSE SET
FORTH IN THIS SECTION 2 DOES NOT EXTEND TO THE COMMERCIAL
FEATURES. YOUR RIGHTS AND OBLIGATIONS RELATED TO THE COMMERCIAL
FEATURES ARE AS SET FORTH IN THE SUPPLEMENTAL TERMS ALONG WITH
ADDITIONAL LICENSES FOR DEVELOPERS AND PUBLISHERS.3.
RESTRICTIONS. Software is 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 the Software is developed for
general use in a variety of information management applications; it is
not developed or intended for use in any inherently dangerous
applications, including applications that may create a risk of personal
injury. If you use the Software in dangerous applications, then you
shall be responsible to take all appropriate fail-safe, backup,
redundancy, and other measures to ensure its safe use. Oracle
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. DISCLAIMER OF WARRANTY. THE SOFTWARE IS
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ORACLE FURTHER
DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT
LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NONINFRINGEMENT. 5. LIMITATION
OF LIABILITY. IN NO EVENT SHALL ORACLE BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR
DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU
OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF
ORACLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ORACLE'S
ENTIRE LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED ONE
THOUSAND DOLLARS (U.S. $1,000). 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 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.7. EXPORT REGULATIONS. You
agree that U.S. export control laws and other applicable export and
import laws govern your use of the Software, including technical data;
additional information can be found on Oracle's Global Trade Compliance
web site (http://www.oracle.com/products/export).
You agree that neither the Software nor any direct product thereof will
be exported, directly, or indirectly, in violation of these laws, or
will be used for any purpose prohibited by these laws including, without
limitation, nuclear, chemical, or biological weapons
proliferation. 8. TRADEMARKS AND LOGOS. You acknowledge and agree as between youand
Oracle that Oracle owns the ORACLE and JAVA trademarks and all ORACLE-
and JAVA-related trademarks, service marks, logos and other branddesignations ("Oracle Marks"), and you agree to comply with the ThirdParty Usage Guidelines for Oracle Trademarks currently located athttp://www.oracle.com/us/legal/third-party-trademarks/index.html. Any use you make of the Oracle Marks inures to Oracle's benefit. 9.
U.S. GOVERNMENT LICENSE 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 shall
be only those set forth in this Agreement. 10.
GOVERNING LAW. This agreement is governed by the substantive
and procedural laws of California. You and Oracle agree to submit to
the exclusive jurisdiction of, and venue in, the courts of San
Francisco, or Santa Clara counties in California in any dispute arising
out of or relating to this agreement. 11.
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.12.
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 TERMSThese
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. COMMERCIAL FEATURES. You may
not use the Commercial Features for running Programs, Java applets or
applications in your internal business operations or for any commercial
or production purpose, or for any purpose other than as set forth
in Sections B, C, D and E of these Supplemental Terms. If You want
to use the Commercial Features for any purpose other than as permitted
in this Agreement, You must obtain a separate license from Oracle.B.
SOFTWARE INTERNAL USE FOR DEVELOPMENT LICENSE GRANT. Subject to
the terms and conditions of this Agreement and restrictions and
exceptions set forth in the 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.C. LICENSE TO DISTRIBUTE SOFTWARE. Subject
to the terms and conditions of this Agreement and restrictions and
exceptions set forth in the 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, 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: (a) is a complete, unmodified
reproduction of this Agreement; or (b) protects Oracle's interests
consistent with the terms contained in this Agreement and that includes
the notice set forth in Section G, 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.D.
LICENSE TO DISTRIBUTE REDISTRIBUTABLES. Subject to the terms and
conditions of this Agreement and restrictions and exceptions set forth
in the 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 those files specifically identified as
redistributable in the README File ("Redistributables")
provided that: (i) you distribute the Redistributables complete
and unmodified, and only bundled as part of Programs, (ii) the Programs
add significant and primary functionality to the Redistributables,
(iii) you do not distribute additional software intended to supersede
any component(s) of the Redistributables (unless otherwise specified in
the applicable README File), (iv) you do not remove or alter any
proprietary legends or notices contained in or on the Redistributables,
(v) you only distribute the Redistributables pursuant to a license
agreement that: (a) is a complete, unmodified reproduction of
this Agreement; or (b) protects Oracle's interests consistent with the
terms contained in the Agreement and includes the notice set forth in
Section G, (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.E. DISTRIBUTION BY
PUBLISHERS. This section pertains to your distribution of
the JavaTM SE Development Kit Software with your printed book or
magazine (as those terms are commonly used in the industry) relating to
Java technology ("Publication"). Subject to and conditioned upon
your compliance with the restrictions and obligations contained in
the Agreement, Oracle hereby grants to you a non-exclusive,
nontransferable limited right to reproduce complete and unmodified
copies of the Software on electronic media (the "Media") for the
sole purpose of inclusion and distribution with your Publication(s),
subject to the following terms: (i) You may not distribute the
Software on a stand-alone basis; it must be distributed with your
Publication(s); (ii) You are responsible for downloading the Software
from the applicable Oracle web site; (iii) You must refer to the
Software as JavaTM SE Development Kit; (iv) The Software must be
reproduced in its entirety and without any modification whatsoever
(including with respect to all proprietary notices) and distributed with
your Publication subject to a license agreement that is a complete,
unmodified reproduction of this Agreement; (v) The Media label shall
include the following information: Copyright 2011, Oracle America,
Inc. All rights reserved. Use is subject to license
terms. ORACLE and JAVA trademarks and all ORACLE- and JAVA-related
trademarks, service marks, logos and other branddesignations are
trademarks or registered trademarks of Oracle in the U.S. and
other countries. This information must be placed on the
Media label in such a manner as to only apply to the Oracle
Software; (vi) You must clearly identify the Software as Oracle's
product on the Media holder or Media label, and you may not state
or imply that Oracle is responsible for any third-party software
contained on the Media; (vii) You may not include any third party
software on the Media which is intended to be a replacement or
substitute for the Software; (viii) 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 the Software and/or the Publication; ; and (ix) You
shall provide Oracle with a written notice for each Publication; such
notice shall include the following information: (1) title of
Publication, (2) author(s), (3) date of Publication, and (4)
ISBN or ISSN numbers. Such notice shall be sent to
Oracle America, Inc., 500 Oracle Parkway, Redwood
Shores, California 94065 U.S.A , Attention: General
Counsel. F. 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", “oracle” or similar convention
as specified by Oracle in any naming convention designation.
G. COMMERCIAL FEATURES NOTICE. For purpose of
complying with Supplemental Term Section C.(v)(b) and D.(v)(b),
your license agreement shall include the following notice, where the
notice is displayed in a manner that anyone using the Software will see
the notice:Use of the Commercial Features for any commercial or
production purpose requires a separate license from Oracle.
“Commercial Features” means those features identified Table 1-1
(Commercial Features In Java SE Product Editions) of the Software
documentation accessible at http://www.oracle.com/technetwork/java/javase/documentation/index.htmlH.
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.I. THIRD
PARTY CODE. Additional copyright notices and license terms
applicable to portions of the Software are set forth in the
THIRDPARTYLICENSEREADME file accessible at http://www.oracle.com/technetwork/java/javase/documentation/index.html.
In addition to any terms and conditions of any third party
opensource/freeware license identified in the
THIRDPARTYLICENSEREADME file, the disclaimer of warranty and limitation
of liability provisions in paragraphs 4 and 5 of the Binary
Code License Agreement shall apply to all Software in this distribution.J.
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.K. 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 as a result of
your Software download at http://www.oracle.com/technetwork/java/javase/documentation/index.html.For inquiries please contact: Oracle America, Inc., 500 Oracle Parkway,Redwood Shores, California 94065, USA.Last updated May 17, 2011