[OpenSPARC-T2-SAM] / BINARY_SLA.txt

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OpenSAPRC T2 Binary Software License Agreements
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OpenSPARC T2 includes the following binary Software License Agreements:

   1. SAM :

      Use of SAM software is governed by SAM binary Software License
      Agreement, please see below.

   2. Solaris 10 :

      Use of Solaris 10 software is governed by Solaris binary Software
      License Agreement, please see below.

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1. SAM binary Software License Agreement
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Sun Microsystems, Inc. ("Sun") ENTITLEMENT for SOFTWARE

Licensee/Company: Entity receiving Software.

Effective Date: Date of delivery of the Software to You.

Software:  Binaries found in the following directories:
           legion

License Term:  Perpetual (subject to termination under the SLA).

Licensed Unit: Software Copy.

Licensed unit Count: Unlimited.

Permitted Uses: You may reproduce and use the Software for Evaluation Use,
Research and Instructional Use, Individual Use, and Commercial Use subject
to and conditioned on Your compliance with the Additional Terms below.


Additional Terms:
1. Software includes only the versions of the above products that are
made initially available to You.

2. Notwithstanding anything to the contrary in any Master Terms between
the parties or in the SLA, Master Terms do not apply to Software under
this Agreement.

 
Sun Microsystems, Inc. ("Sun")
SOFTWARE LICENSE AGREEMENT

READ THE TERMS OF THIS AGREEMENT ("AGREEMENT") CAREFULLY BEFORE OPENING
SOFTWARE MEDIA PACKAGE. BY OPENING SOFTWARE MEDIA PACKAGE, YOU AGREE
TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING 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 OF THE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE
OF PURCHASE FOR A REFUND OR, IF SOFTWARE IS ACCESSED ELECTRONICALLY,
SELECT THE "DECLINE" (OR "EXIT") 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 1-5 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
are 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.	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.

7.	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.

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.

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2. Solaris binary Software License Agreement
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Sun Microsystems, Inc. 
SolarisTM  Express Software License Agreement FOR NON-PRODUCTION USE

READ THE TERMS OF THIS AGREEMENT (THE "AGREEMENT") CAREFULLY BEFORE
DOWNLOADING OR INSTALLING THIS SOFTWARE. BY DOWNLOADING OR INSTALLING
THIS SOFTWARE, YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT.
INDICATE ACCEPTANCE BY SELECTING THE "ACCEPT" BUTTON AT THE BOTTOM
OF THIS AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY ALL THE
TERMS, SELECT THE "DECLINE" BUTTON AT THE BOTTOM OF THE AGREEMENT
AND THE DOWNLOAD OR INSTALL PROCESS WILL NOT CONTINUE.

1.0 DEFINITIONS 
1.1 "Confidential Information" means: (i) any business and technical
information and any source code or binary code which Sun discloses
to You related to Software; (ii) any test results, error data, or
other reports prepared made by You in connection with the use and
evaluation of Software; (iii) any and all other information which
is disclosed by Sun to You orally, electronically, visually, or
in a document or other tangible form, which is either identified
as or should be reasonably understood to be confidential and/or
proprietary, (iv) any notes, extracts, analyses, or materials
prepared by You which are copies of or derivative works of the
Confidential Information or from which the substance of the
Confidential Information can be inferred or otherwise understood;
and (v) the terms, conditions, and existence of this Agreement.  
1.2 "Effective Date" means the date on which Sun publicly releases
Software to its website for general availability.
1.3 "Feedback" means any test results, error data, reports or other
information, or materials provided to Sun relating to Software.
1.4 "Software" means the Solaris Express software in binary form,
Software Updates, any other machine readable materials (including, but
not limited to, libraries, source files, header files, and data files)
and any user manuals, programming guides and other documentation
provided to You by Sun under this Agreement. 
1.5 "Software Updates" means any updates or error corrections
provided to You.
1.6 "Sun" means Sun Microsystems, Inc.
1.7 "You" means an individual accepting this Agreement, and if
you are accepting the Agreement on behalf of a corporation, partnership
or other legal entity, means the entity on whose behalf an individual
is accepting this Agreement.

2.0 LIMITED LICENSE 
Sun grants You a non-exclusive and non-transferable license to
internally reproduce and use Software solely for purpose of evaluation
in a test environment. Software shall not be used in a production
environment. (Refer to Section 5.2 for reporting requirements)

3.0 LICENSE RESTRICTIONS
3.1 You agree to reproduce any copyright and other proprietary right
notices on any copy of Software. Except as otherwise provided by law,
You may not modify or create derivative works of Software, or reverse
engineer, disassemble or decompile binary portions of Software, or
otherwise attempt to derive the source code from such portions. 
3.2 No right, title, or interest in or to Software, any trademarks,
service marks, or trade names of Sun or Sun's licensors is granted
under this Agreement. Some portions of Software are provided with
notices and/or licenses from other parties which govern the use of
those portions.

4.0 SUPPORT 
Sun is under no obligation to support Software or to provide
Software Updates. If Sun, at its sole option, supplies Software
Updates to You, You acknowledge that downloading or installing
Software Updates may require You to accept updated terms and conditions
for installation. If additional terms and conditions are not presented
on installation, Software Updates will be considered part of Software
and subject to the terms and conditions of the Agreement. 

5.0 YOUR DUTIES 
5.1 Software is experimental and is constantly being developed.  As such,
You agree to evaluate and test Software for use with your products and
provide Feedback to Sun; the Feedback should be sent to the following
e-mail address: SX-feedback@sun.com.  The Feedback is the exclusive
property and Confidential Information of Sun. You hereby assign all
Feedback to Sun at no cost to Sun. Sun may use Feedback in any manner
and for any purpose, without limitation, liability or obligation to You.
5.2 You agree to report at least on a monthly basis the number of
additional copies of  Software that You have installed  at the Solaris
Express registration page.

6.0 TERM AND TERMINATION OF AGREEMENT 
6.1 This Agreement will commence on the Effective Date and will
expire six (6) months from the Effective Date, unless terminated
earlier as provided below. Either party may terminate this Agreement
upon ten (10) days written notice to the other party.  However, Sun
may terminate this Agreement immediately should any Software become,
or in Sun's opinion be likely to become, the subject of a claim of
infringement of a patent, trade secret or copyright.  Sun may
terminate this Agreement immediately should You materially breach
any of its provisions or take any action in derogation of Sun's
rights to the Confidential Information licensed to You.  
6.2 Upon termination or expiration of this Agreement, You will
immediately cease use of and destroy Software and any copies thereof
and provide Sun a written statement certifying that You have complied
with the foregoing obligations.   Rights and obligations under this
Agreement which by their nature should survive, will remain in effect
after termination or expiration hereof. 

7.0 CONFIDENTIAL INFORMATION 
7.1 You may not disclose Confidential Information or use it except
for the purposes specified in this Agreement.  You will protect the
confidentiality of Confidential Information to the same degree of
care, but no less than reasonable care, as You use to protect your
own Confidential Information.  Your obligations regarding Confidential
Information will expire five (5) years from the date of receipt of the
Confidential Information, except for Sun source code which will be
protected in perpetuity.  You agree that Software contains trade
secrets of Sun. 
7.2 Notwithstanding any provisions contained in this Agreement
concerning nondisclosure and non-use of the Confidential Information,
the nondisclosure obligations will not apply to any portion of
Confidential Information that a You can demonstrate in writing is:
(i) now, or hereafter through no act or failure to act on your part
becomes, generally known to the general public; (ii) known to You at
the time of receiving the Confidential Information without an
obligation of confidentiality; (iii) hereafter rightfully furnished
to You by a third party without restriction on disclosure; or
(iv) independently developed by You without any use of the
Confidential Information. 
7.3 You must restrict access to Confidential Information to your
employees or contractors who have a need to know to perform their
employment or contractual obligations and who have agreed in writing
to be bound by a confidentiality obligation which incorporates the
protections and restrictions substantially as set forth in this Agreement. 

8.0 WARRANTY
If You are accepting the Agreement on behalf of a corporation,
partnership or other legal entity, You represent and warrant that
You have received the appropriate approvals and have the proper
authority to enter into the Agreement on behalf of the corporation,
partnership or other legal entity.

9.0 DISCLAIMER OF WARRANTY 
9.1 You acknowledge that Software may contain errors and is not
designed or intended for use in the design, construction, operation
or maintenance of any nuclear facility or any other safety critical
systems ("High Risk Activities").  Sun disclaims any express or
implied warranty of fitness for such uses.
9.2 SOFTWARE IS PROVIDED "AS IS".  ALL EXPRESS OR IMPLIED CONDITIONS,
REPRESENTATIONS, AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT
THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. 

10.0 LIMITATION OF LIABILITY 
10.1 You acknowledge that Software is in a constant developmental stage.
You acknowledge that Software may have defects or deficiencies which
cannot or will not be corrected by Sun.  You will hold Sun harmless
from any claims based on your use of Software for any purposes other
than those of internal evaluation, and from any claims that later versions
or releases of any Software furnished to You are incompatible with
Software provided to You under this Agreement. You shall have the
sole responsibility to protect adequately and backup your data and/or
equipment used in connection with Software. You shall not claim against
Sun for lost data, re-run time, inaccurate output, work delays or lost
profits resulting from Your use of Software.  You acknowledge that
Sun is under no obligation to release Software as a product of Sun. 
10.2 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 Sun or
Sun's Licensors have been previously advised of the possibility of
such damage. 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 even if any exclusive remedy fails of
its essential purpose. 

11.0 U.S. GOVERNMENT RIGHTS 
If this 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 as set forth in this license; this is in accordance with
48 C.F.R. 227.7201 through 227.7202-4 (for Department of Defense (DoD)
acquisitions) and with 48 C.F.R. 2.101 and 12.212 (for non-DoD
acquisitions). 

12.0 GENERAL TERMS 
12.1 Any action related to this Agreement will be governed by
California law and controlling U.S. federal law.  The U.N.
Convention for the International Sale of Goods and the choice
of law rules of any jurisdiction will not apply. 
12.2 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. 
12.3 It is understood and agreed that, notwithstanding any other
provision of this Agreement, any breach of this Agreement may cause
Sun irreparable damage for which recovery of money damages would be
inadequate, and that Sun will therefore be entitled to seek timely
injunctive relief to protect Sun's rights under this Agreement in
addition to any and all remedies available at law.
12.4 Neither party may assign or otherwise transfer any of its rights
or obligations under this Agreement, without the prior written consent
of the other party, except that Sun may assign this Agreement to an
affiliated company. 
12.5 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, including any Binary Code
Licenses, Supplemental Terms, or other licenses contained within
Software. No modification to this Agreement will be binding, unless
in writing and signed by an authorized representative of each party.

(LFI#XXXXXX/Form ID#011801)
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