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NCGR :: Software License Agreements and Downloads
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"The best things in life are free."
Please read the license agreement associated with the terms of your intended use. If you agree to the license terms, you may download the software.
Note: By downloading any of our Software you agree to all the terms and conditions of the associated license(s). If you do not agree to all terms and conditions do not download our Software.
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FREE (NON-COMMERCIAL) LICENSE AGREEMENT
(Software free to use for non-commercial users) |
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National Center for Genome Resources (hereinafter "NCGR" or the "Licensor"), a New Mexico nonprofit corporation, with offices at 2935 Rodeo Park Drive East, Santa Fe, New Mexico 87505, is willing to grant you a limited license to use our software only upon the condition that you accept all of the terms in this licensing agreement. Before you open or access the accompanying software media, read the terms and conditions of this license agreement carefully. By opening or accessing the accompanying software media-or meeting any of the other Acceptance Criteria as outlined in Section 9 of this document-you are consenting to be bound by and are becoming a party to this license agreement. If you do not agree with the terms and conditions of this agreement, NCGR is unwilling to license our software to you.
NCGR provides the program and related materials (the "Software") and licenses its use to you. You assume responsibility for the selection of the Software to achieve your intended results, and for installation, use and results obtained from the Software.
National Center for Genome Resources Non-Commercial License Agreement
This is a License Agreement ("Agreement") between NCGR and you, (hereafter referred to as "you" or "the User"), based on the following facts, terms and conditions.
Licensor has certain rights in a software program downloaded from NCGR and related materials and will grant the User a limited license for its use strictly based on the following terms and conditions.
1. GRANT OF LICENSE
Licensor hereby grants to the User and the User hereby accepts a nontransferable and nonexclusive limited license to use the Software. This license is provided strictly for NON-COMMERCIAL USE only. The license granted herein is further subject to the following conditions:
- The User may: (i) use this Software only on one single computer at any one time (a "computer" being hereby defined as one central processing unit, a single display and associated peripheral equipment, all at one location); and (ii) make no more than two (2) copies of the Software in any machine readable form for backup purposes ONLY in support of the User's own use of the Software on a single computer.
- The User must reproduce and include the copyright and other proprietary notices of NCGR on any copy of all or any portion of the Software, and all such copies shall be subject to all the terms and conditions of the Agreement.
- The User may not provide access to the Software or any portion thereof on the Internet.
- The functionality or output of the Software cannot be served over the Internet to any other party, or multiple parties without obtaining the prior express written consent of NCGR.
- The User may not make the Software or any related product available for running or controlling by users of the Internet without obtaining the prior express written consent of NCGR.
- The User may not build an external interface to the Software or any related product for the purpose of serving the Software or related functionality to other parties or multiple users without obtaining the prior express written consent of NCGR.
- The User may not use this product to provide output to any third party or any affiliate other than a wholly owned affiliate. The license granted herein does not permit transfer to wholly owned affiliates without obtaining the prior express written consent of NCGR.
- This license is strictly for use by one entity only and is not licensed for providing automated services to third parties or multiple third parties.
- This license is strictly limited to non-commercial uses.
- THE USER MAY NOT USE, COPY, MODIFY OR TRANSFER THE SOFTWARE OR ANY COPY, MODIFICATION OR MERGED PORTION THEREOF, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED IN THE AGREEMENT.
- The license granted herein is personal and cannot be transferred without obtaining the prior written consent of NCGR.
2. TERM
Free for non-commercial use.
The User may terminate any License under this Agreement at any time. NCGR may terminate this Agreement if the User fails to comply with any of the terms and conditions of this Agreement. The User agrees upon such termination to promptly destroy all copies of the Software in its possession and to certify in writing to NCGR that such action has been taken.
3. LICENSEE'S RIGHTS
The User acknowledges that NCGR represents that the Software constitutes valuable copyrighted intellectual property. By accepting this License, the User does not become the owner of the Software. The User has the limited right to use the Software as set forth in this License Agreement. The User agrees not to provide or otherwise make available the Software in any form to any person or entity without prior written consent of Licensor, except as provided in this Agreement. The User will provide at least the same protection to the intellectual property of NCGR as it uses to protect its own intellectual property. The User shall not disassemble or reverse compile the Software. Notwithstanding anything in this Agreement to the contrary, the User agrees that it will protect the intellectual property of NCGR as noted above. The User shall, at all times, cause an NCGR copyright notice and notice of any other applicable proprietary rights to be displayed prominently in human readable form on any copy of all or any portion of the Software.
4. USER'S AGREEMENT
Except as provided in this Agreement, the User agrees not to copy the Software received from Licensor in whole or in part. The User may copy the Software in whole or in part for backup or archive purposes, provided however, that, unless the Licensor consents in writing to making a greater number of copies, no more than two copies may be in existence under this License Agreement at any time. The User agrees that any copies of the Software produced pursuant to this License Agreement shall contain all copyright notices, and screen displays contained in the original Software licensed by the User. No attempt shall be made by the User to delete such notices or screen displays, nor shall the User permit such deletion to occur by any of its employees, agents, subsidiaries or assigns. The original and all copies made by the User, in whole or in part, shall be and remain the property of the Licensor.
If at any time the User becomes aware of unauthorized use or copying of the Software or documentation by its employees not in strict accordance with the provisions of the Licensing Agreement, it shall promptly and affirmatively notify the Licensor of such unauthorized use, providing as much detail as possible concerning such unauthorized use.
5. LIMITED WARRANTY
- THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOUR ENTIRE AND EXCLUSIVE REMEDY SHALL BE GOVERNED BY PARAGRAPH 6 HEREOF.
- NCGR does not warrant that the functions contained in the Software will be uninterrupted or error free. You are advised to test the Software thoroughly before relying on it.
- Licensor shall in no manner be responsible or liable for any replacement of software or other remedies provided by warranty herein for software that has been modified.
- Licensor shall not be liable to User for any claim for direct, indirect, special, incidental or consequential damages to licensee or any third party arising in connection with any program or part thereof introduced by User.
6. LIMITATION OF REMEDIES
IN NO EVENT WILL NCGR OR ITS SUPPLIERS, DISTRIBUTORS, OR DEALERS BE LIABLE TO YOU FOR ANY DIRECT OR OTHER DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF NCGR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL NCGR BE LIABLE FOR ANY CLAIM BY ANY OTHER PARTY.
7. GOVERNING LAW
This License Agreement is to be governed by and construed in accordance with the laws of the State of New Mexico, U.S.A. If any provision of this License Agreement in any way contravenes the laws of the state or jurisdiction where this License Agreement is to be performed, such provision shall be deemed to be deleted and, if any term is this License Agreement shall be declared in a final adjudication to be illegal or contrary to public policy, it shall not affect the validity of any other term or provision of the License Agreement. The User and Licensor hereby agree that any action in law or in equity arising under this Agreement shall be filed in and only in the District Court of the State of New Mexico or the United States District Courts in New Mexico. The parties hereby consent and submit to the personal jurisdiction of such courts for purposes of litigating any such action.
8. ATTORNEY FEES
If any legal action or arbitration shall be instituted by either party to this License Agreement against the other party with respect to the subject matter of this License Agreement, the prevailing party may be entitled to recover, in addition to any other relief, reasonable attorney's fees and expenses to the extent granted by a court of competent jurisdiction.
9. ACCEPTANCE
Any one of the following will meet the definition of ACCEPTANCE.
- Packaged Software: By opening the accompanying software media, you agree to all of the terms of this Agreement. If you do not agree to these license terms and conditions, please return the software to NCGR.
- Internet Download: By downloading any of our Software you agree to all the terms and conditions of this Agreement. If you do not agree to all these license terms and conditions do not download our Software.
10. ENTIRE AGREEMENT
This License Agreement constitutes the entire agreement between the parties and may not be modified except in writing signed by both parties hereto.
11. NO TRANSFER
None of your rights, duties or obligations under this Agreement may be sold, sublicensed, assigned, rented, leased, loaned or otherwise transferred without the prior written consent of NCGR, and any attempt to so sell, sublicense, assign, rent, lease, loan or transfer without NCGR's prior written consent is void.
12. EXPORT REGULATIONS
The Software, including technical data, is subject to U.S. export control laws, and may be subject to export or import regulations of 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.
13. YOU ACKNOWLEDGE THAT:
- YOU HAVE READ THIS ENTIRE AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS;
- THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE UNDERSTANDING AND CONTRACT BETWEEN US AND SUPERSEDES ANY AND ALL PRIOR ORAL OR WRITTEN COMMUNICATIONS RELATING TO THE SUBJECT MATTER HEREOF; AND
- THIS AGREEMENT MAY NOT BE MODIFIED, AMENDED OR IN ANY WAY ALTERED EXCEPT BY A WRITTEN AGREEMENT SIGNED BY NCGR.
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COMMERCIAL LICENSE AGREEMENT
(Software free for a 60 day evaluation for commercial users) |
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National Center for Genome Resources (hereinafter "NCGR" or the "Licensor"), a New Mexico nonprofit corporation, with offices at 2935 Rodeo Park Drive East, Santa Fe, New Mexico 87505, is willing to grant you a limited license to use our Software only upon the condition that you accept all of the terms in this licensing agreement. Before you open or access the accompanying software media, read the terms and conditions of this license agreement carefully. By opening or accessing the accompanying software media or meeting any of the other Acceptance Criteria as outlined in Section 9 of this document you are consenting to be bound by and are becoming a party to this license agreement. If you do not agree with the terms and conditions of this agreement, NCGR is unwilling to license our Software to you.
NCGR provides the program and related materials (the "Software") and licenses its use to you. You assume responsibility for the selection of the Software to achieve your intended results, and for installation, use and results obtained from the Software.
National Center for Genome Resources Non-Commercial License Agreement
This is a License Agreement ("Agreement") between NCGR and you (hereafter referred to as "you" or "the User"), based on the following facts, terms and conditions.
Licensor has certain rights in a software program downloaded from NCGR and related materials and will grant the User a limited license for its use strictly based on the following terms and conditions.
1. GRANT OF LICENSE
Licensor hereby grants to the User and the User hereby accepts a nontransferable and nonexclusive limited license to use the Software. This license is provided strictly for NON-COMMERCIAL USE only. The license granted herein is further subject to the following conditions:
- The User may: (i) use this Software only on one single computer at any one time (a "computer" being hereby defined as one central processing unit, a single display and associated peripheral equipment, all at one location); and (ii) make no more than two (2) copies of the Software in any machine readable form for backup purposes ONLY in support of the User's own use of the Software on a single computer.
- The User must reproduce and include the copyright and other proprietary notices of NCGR on any copy of all or any portion of the Software, and all such copies shall be subject to all the terms and conditions of the Agreement.
- The User may not provide access to the Software or any portion thereof on the Internet.
- The functionality or output of the Software cannot be served over the Internet to any other party, or multiple parties without obtaining the prior express written consent of NCGR.
- The User may not make the Software or any related product available for running or controlling by users of the Internet without obtaining the prior express written consent of NCGR.
- The User may not build an external interface to the Software or any related product for the purpose of serving the Software or related functionality to other parties or multiple users without obtaining the prior express written consent of NCGR.
- The User may not use this product to provide output to any third party or any affiliate other than a wholly owned affiliate. The license granted herein does not permit transfer to wholly owned affiliates without obtaining the prior express written consent of NCGR.
- This license is strictly for use by one entity only and is not licensed for providing automated services to third parties or multiple third parties.
- This license is strictly limited to non-commercial uses.
- THE USER MAY NOT USE, COPY, MODIFY OR TRANSFER THE SOFTWARE OR ANY COPY, MODIFICATION OR MERGED PORTION THEREOF, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED IN THE AGREEMENT.
- The license granted herein is personal and cannot be transferred without obtaining the prior written consent of NCGR.
2. TERM
Free 60 day evaluation for commercial users. Thereafter, commercial users can purchase user-seat licenses for a nominal fee. Contact NCGR (contact info indicated above) for more information.
The User may terminate any License under this Agreement at any time. NCGR may terminate this Agreement if the User fails to comply with any of the terms and conditions of this Agreement. The User agrees upon such termination to promptly destroy all copies of the Software in its possession and to certify in writing to NCGR that such action has been taken.
3. LICENSEE'S RIGHTS
The User acknowledges that NCGR represents that the Software constitutes valuable copyrighted intellectual property. By accepting this License, the User does not become the owner of the Software. The User has the limited right to use the Software as set forth in this License Agreement. The User agrees not to provide or otherwise make available the Software in any form to any person or entity without prior written consent of Licensor, except as provided in this Agreement. The User will provide at least the same protection to the intellectual property of NCGR as it uses to protect its own intellectual property. The User shall not disassemble or reverse compile the Software. Notwithstanding anything in this Agreement to the contrary, the User agrees that it will protect the intellectual property of NCGR as noted above. The User shall, at all times, cause an NCGR copyright notice and notice of any other applicable proprietary rights to be displayed prominently in human readable form on any copy of all or any portion of the Software.
4. USER'S AGREEMENT
Except as provided in this Agreement, the User agrees not to copy the Software received from Licensor in whole or in part. The User may copy the Software in whole or in part for backup or archive purposes, provided however, that, unless the Licensor consents in writing to making a greater number of copies, no more than two copies may be in existence under this License Agreement at any time. The User agrees that any copies of the Software produced pursuant to this License Agreement shall contain all copyright notices, and screen displays contained in the original Software licensed by the User. No attempt shall be made by the User to delete such notices or screen displays, nor shall the User permit such deletion to occur by any of its employees, agents, subsidiaries or assigns. The original and all copies made by the User, in whole or in part, shall be and remain the property of the Licensor.
If at any time the User becomes aware of unauthorized use or copying of the Software or documentation by its employees not in strict accordance with the provisions of the Licensing Agreement, it shall promptly and affirmatively notify the Licensor of such unauthorized use, providing as much detail as possible concerning such unauthorized use.
5. LIMITED WARRANTY
- THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOUR ENTIRE AND EXCLUSIVE REMEDY SHALL BE GOVERNED BY PARAGRAPH 6 HEREOF.
- NCGR does not warrant that the functions contained in the Software will be uninterrupted or error free. You are advised to test the Software thoroughly before relying on it.
- Licensor shall in no manner be responsible or liable for any replacement of software or other remedies provided by warranty herein for software that has been modified.
- Licensor shall not be liable to User for any claim for direct, indirect, special, incidental or consequential damages to licensee or any third party arising in connection with any program or part thereof introduced by User.
6. LIMITATION OF REMEDIES
IN NO EVENT WILL NCGR OR ITS SUPPLIERS, DISTRIBUTORS, OR DEALERS BE LIABLE TO YOU FOR ANY DIRECT OR OTHER DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF NCGR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL NCGR BE LIABLE FOR ANY CLAIM BY ANY OTHER PARTY.
7. GOVERNING LAW
This License Agreement is to be governed by and construed in accordance with the laws of the State of New Mexico, U.S.A. If any provision of this License Agreement in any way contravenes the laws of the state or jurisdiction where this License Agreement is to be performed, such provision shall be deemed to be deleted and, if any term is this License Agreement shall be declared in a final adjudication to be illegal or contrary to public policy, it shall not affect the validity of any other term or provision of the License Agreement. The User and Licensor hereby agree that any action in law or in equity arising under this Agreement shall be filed in and only in the District Court of the State of New Mexico or the United States District Courts in New Mexico. The parties hereby consent and submit to the personal jurisdiction of such courts for purposes of litigating any such action.
8. ATTORNEY FEES
If any legal action or arbitration shall be instituted by either party to this License Agreement against the other party with respect to the subject matter of this License Agreement, the prevailing party may be entitled to recover, in addition to any other relief, reasonable attorney's fees and expenses to the extent granted by a court of competent jurisdiction.
9. ACCEPTANCE
Any one of the following will meet the definition of ACCEPTANCE.
- Packaged Software: By opening the accompanying software media, you agree to all of the terms of this Agreement. If you do not agree to these license terms and conditions, please return the software to NCGR.
- Internet Download: By downloading our Software you agree to all the terms and conditions of this Agreement. If you do not agree to all these license terms and conditions, do not download our Software.
10. ENTIRE AGREEMENT
This License Agreement constitutes the entire agreement between the parties and may not be modified except in writing signed by both parties hereto.
11. NO TRANSFER
None of your rights, duties or obligations under this Agreement may be sold, sublicensed, assigned, rented, leased, loaned or otherwise transferred without the prior written consent of NCGR, and any attempt to so sell, sublicense, assign, rent, lease, loan or transfer without NCGR's prior written consent is void.
12. EXPORT REGULATIONS
The Software, including technical data, is subject to U.S. export control laws, and may be subject to export or import regulations of 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.
13. YOU ACKNOWLEDGE THAT:
- YOU HAVE READ THIS ENTIRE AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS;
- THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE UNDERSTANDING AND CONTRACT BETWEEN US AND SUPERSEDES ANY AND ALL PRIOR ORAL OR WRITTEN COMMUNICATIONS RELATING TO THE SUBJECT MATTER HEREOF; AND
- THIS AGREEMENT MAY NOT BE MODIFIED, AMENDED OR IN ANY WAY ALTERED EXCEPT BY A WRITTEN AGREEMENT SIGNED BY NCGR.
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| SUN MICROSYSTEMS LICENSE AGREEMENT |
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For your convenience, the Sun license is reproduced below:
| You have chosen to download Java(TM) 2 Runtime Environment |
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Sun Microsystems, Inc.
Binary Code License Agreement
READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THIS 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. Licensee acknowledges that Licensed Software is not designed or intended for use in the design, construction, operation or maintenance of any nuclear facility. Sun Microsystems, Inc. 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.
JAVATM 2 RUNTIME ENVIRONMENT (J2RE), STANDARD EDITION,
SUPPLEMENTAL LICENSE TERMS
These supplemental license terms ("Supplemental Terms") add to or modify the terms of the Binary Code License Agreement (collectively, the "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.
1. Software Internal Use and Development License Grant. Subject to the terms and conditions of this Agreement, including, but not limited to Section 4 (Java Technology Restrictions) of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license without fees to reproduce internally and use internally the binary form of the Software complete and unmodified for the sole purpose of designing, developing, testing, and running your Java applets and applications intended to run on Java-enabled general purpose desktop computers and servers ("Programs").
2. License to Distribute Software. Subject to the terms and conditions of this Agreement, including, but not limited to Section 4 (Java Technology Restrictions) of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license to reproduce and distribute the Software, provided that (i) you distribute the Software complete and unmodified (unless otherwise specified in the applicable README file) 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 (unless otherwise specified in the applicable README file), (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 Sun's interests consistent with the terms contained in this Agreement, and (vi) you 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. (vi) include the following statement as part of product documentation (whether hard copy or electronic), as a part of a copyright page or proprietary rights notice page, in an "About" box or in any other form reasonably designed to make the statement visible to users of the Software: "This product includes code licensed from RSA Security, Inc.", and (vii) include the statement, "Some portions licensed from IBM are available at http://oss.software.ibm.com/icu4j/".
3. License to Distribute Redistributables. Subject to the terms and conditions of this Agreement, including but not limited to Section 4 (Java Technology Restrictions) of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license to reproduce and distribute those files specifically identified as redistributable in the Software "README" file ("Redistributables") provided that: (i) you distribute the Redistributables complete and unmodified (unless otherwise specified in the applicable README file), and only bundled as part of Programs, (ii) you do not distribute additional software intended to supersede any component(s) of the Redistributables (unless otherwise specified in the applicable README file), (iii) you do not remove or alter any proprietary legends or notices contained in or on the Redistributables, (iv) you only distribute the Redistributables pursuant to a license agreement that protects Sun's interests consistent with the terms contained in the Agreement, (v) you 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, (vi) include the following statement as part of product documentation (whether hard copy or electronic), as a part of a copyright page or proprietary rights notice page, in an "About" box or in any other form reasonably designed to make the statement visible to users of the Software: "This product includes code licensed from RSA Security, Inc.", and (vii) include the statement, "Some portions licensed from IBM are available at http://oss.software.ibm.com/icu4j/".
4. Java Technology Restrictions. You may not modify the Java Platform Interface ("JPI", identified as classes contained within the "java" package or any subpackages of the "java" 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 you create an additional class and associated API(s) which (i) extends the functionality of the Java platform, and (ii) is exposed to third party software developers for the purpose of developing additional software which invokes such additional API, you must promptly publish broadly an accurate specification for such API for free use by all developers. You may not create, or authorize your licensees to create, additional 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.
5. Notice of Automatic Software Updates from Sun. You acknowledge that the Software may automatically download, install, and execute applets, applications, software extensions, and updated versions of the Software from Sun ("Software Updates"), which may require you to accept updated terms and conditions for installation. If additional terms and conditions are not presented on installation, the Software Updates will be considered part of the Software and subject to the terms and conditions of the Agreement.
6. Notice of Automatic Downloads. You acknowledge that, by your use of the Software and/or by requesting services that require use of the Software, the Software may automatically download, install, and execute software applications from sources other than Sun ("Other Software"). Sun makes no representations of a relationship of any kind to licensors of Other Software. 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 OTHER SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Trademarks and Logos. You acknowledge and agree as between you and Sun that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET-related trademarks, service marks, logos and other brand designations ("Sun Marks"), and you agree to comply with the Sun Trademark and Logo Usage Requirements currently located at http://www.sun.com/policies/trademarks. Any use you make of the Sun Marks inures to Sun's benefit.
8. Source Code. Software may contain source code that 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.
9. 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.
For inquiries please contact: Sun Microsystems, Inc., 4150 Network Circle, Santa Clara, California 95054, U.S.A.
(LFI#124423/Form ID#011801)
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| SOFTWARE LICENSE CONTACT |
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If you have any questions, please contact:
Brad Ross
Licensing Administrator
National Center for Genome Resources
2935 Rodeo Park Drive East
Santa Fe, NM 87505
phone: (505) 995-4454
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free license