■Internal Code License Statement
NOTICE
INTERNAL CODE LICENSE
PLEASE READ THIS NOTICE CAREFULLY BEFORE INSTALLING AND OPERATING THIS EQUIPMENT. THIS NOTICE IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR ENTITY), THE END USER, AND SUN MICROSYSTEMS, INC. (‘SUN’), THE MANUFACTURER OF THE EQUIPMENT. BY OPENING THE PACKAGE AND ACCEPTING AND USING ANY UNIT OF EQUIP- MENT DESCRIBED IN THIS DOCUMENT, YOU AGREE TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT OPEN THE PACKAGE AND USE THE EQUIPMENT. IF YOU DO NOT HAVE THE AUTHORITY TO BIND YOUR COMPANY, DO NOT OPEN THE PACKAGE AND USE THE EQUIPMENT. IF YOU HAVE ANY QUESTIONS, CONTACT THE AUTHORIZED SUN DISTRIBUTOR OR RESELLER FROM WHOM YOU ACQUIRED THIS EQUIPMENT. IF THE EQUIPMENT WAS OBTAINED BY YOU DIRECTLY FROM SUN, CONTACT YOUR SUN REPRESENTATIVE.
1.Definitions:
a.“Derivative works” are defined as works based upon one or more pre- existing works, such as a translation or a musical arrangement, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revision, annotations, elaboration, or other modifications which, as a whole, represent an original work of author- ship, is a Derivative work.
b.“Internal Code” is Microcode that (i) is an integral part of Equipment, (ii) is required by such Equipment to perform its data storage and retrieval functions, and (iii) executes below the user interface of such Equip- ment. Internal code does not include other Microcode or software, in- cluding data files, which may reside or execute in or be used by or in connection with such Equipment, including, without limitation, Mainte- nance Code.
c.“Maintenance Code” is defined as Microcode and other software, in- cluding data files, which may reside or execute in or be used by or in connection with Equipment, and which detects, records, displays, and/ or analyzes malfunctions in the Equipment.
d.“Microcode” is defined as a set of instructions (software) that is either imbedded into or is to be loaded into the Equipment and executes below the external user interface of such Equipment. Microcode includes both Internal Code and Maintenance Code, and may be in magnetic or other storage media, integrated circuitry, or other media.
2.The Equipment you have acquired by purchase or lease is manufactured by or for Sun and contains Microcode. By accepting and operating this Equipment you acknowledge that Sun or its licensor(s) retain(s) owner- ship of all Microcode, as well as all copies thereof, that may execute in or be used in the operation of servicing of the Equipment and that such Mi- crocode is copyrighted by Sun or its licensor(s).
3.Sun hereby grants you, the end user of the Equipment, a personal, non- transferable (except as permitted in the transfer terms in paragraph 7 be- low), nonexclusive license to use each copy of the Internal Code (or any replacement provided by Sun or your authorized Sun distributor or re- seller) which license authorizes you, the end user, to execute the Internal Code solely to enable the specific unit of Equipment for which the copy of Internal Code is provided to perform its data storage and retrieval func- tions in accordance with Sun’s (or its licensor’s) official published speci- fications.
4.Your license is limited to the use of the Internal Code as set forth in para- graph 3 above. You may not use the Internal Code for any other purpose. You may not, for example, do any of the following:
(a) access copy, display, print, adapt, alter, modify, patch, prepare Deriv- ative works of, transfer, or distribute (electronically or otherwise) or otherwise use the Internal Code;
(b) reverse assemble, decode, translate, decompile, or otherwise reverse engineer the Internal Code (except as decompilation may be express- ly permitted under applicable European law solely for the purpose of gaining information that will allow interoperability when such informa- tion is otherwise not readily available); or
(c) sublicense, assign, or lease the Internal Code or permit another per- son to use such Internal Code, or any copy of it.
If you need a backup or archival copy of the Internal Code, Sun, or your authorized Sun distributor or reseller, will make one available to you, it be- ing acknowledged and agreed that you have no right to make such a copy.
5.Nothing in the license set forth in paragraph 3 above or in this entire No- tice shall convey, in any manner, to you any license to or title to or other right to use any Maintenance code, or any copy of such Maintenance Code. Maintenance Code and Sun’s service tools and manuals may be kept at your premises, or they may be supplied with a unit of Equipment sent to you and/or included on the same media as Internal Code, but they are to be used only by Sun’s customer service personnel or those of an entity licensed by Sun, all rights in and to such Maintenance Code, ser- vice tools and manuals being reserved by Sun or its licensors. You agree that you shall not use or attempt to use the Maintenance Code or permit any other third party to use and access such Maintenance Code.
6.You, the end user, agree to take all appropriate steps to ensure that all of your obligations set forth in this Notice, particularly in paragraphs 4 and 5, are extended to any third party having access to the Equipment.
7.You may transfer possession of the Internal Code to another party only with the transfer of the Equipment on which its use is authorized, and your license to use the Internal Code is discontinued when you are no longer an owner or a rightful possessor of the Equipment. You must give such transferee all copies of the Internal Code for the transferred Equipment that are in your possession, along with a copy of all provisions of this No- tice. Any such transfer by you is automatically (without further action on the part of either party) expressly subject to all the terms and conditions of this Notice passing in full to the party to whom such Equipment is trans- ferred, and such transferee accepts the provisions of this license by initial use of the Internal Code. You cannot pass to the transferee of the Equip- ment any greater rights than granted under this Notice, and shall hold Sun harmless from any claim to the contrary by your transferee or its succes- sors or assigns. In addition, the terms and conditions of this Notice apply to any copies of Internal Code now in your possession or use or which you hereafter acquire from either Sun or another party.
8.You acknowledge that copies of both Internal Code and Maintenance Code may be installed on the Equipment before shipment or included with the Equipment and other material shipped to you, all for the convenience of Sun’s service personnel or service providers licensed by Sun, and that during the warranty period, if any, associated with the Equipment, and during periods in which the Equipment is covered under a maintenance contract with Sun or service providers licensed by Sun, both Internal Code and Maintenance Code may reside and be executed in or used in connection with such Equipment, and you agree that no rights to Main- tenance Code are conferred upon you by such facts. Sun or the licensed service provider may keep Maintenance Code and service tools and manuals on your premises but they are to be used only by Sun’s customer service personnel or those of service providers licensed by Sun. You fur- ther agree that upon (i) any termination of such warranty period or main- tenance contract period; or (ii) transfer of possession of the Equipment to another party, Sun and its authorized service providers shall have the right with respect to the affected Equipment to remove all service tools and manuals and to remove or disable all Maintenance Code and/or re- place Microcode which includes both Internal Code and Maintenance Code with Microcode that consists only of Internal Code.
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