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Licence Agreement
To the extent You create, contribute or supply any terms or
translations for inclusion in Sun Gloss, You agree as follows:
- This Sun Gloss tool website (“Website”) is a
service made available by Sun Microsystems, Inc. ("Sun").
All on-line services available via this Website (“Services”),
and all software, documentation, data, information and other
materials provided on or through this Website ("Content")
may be used only under the following terms and conditions ("Terms
of Use") and any applicable licenses.
- Sun and the users of this Website ("Users") do not
want to receive confidential information from you through this
Website. ANY INFORMATION OR MATERIAL YOU SUBMIT TO THIS WEBSITE WILL
BE DEEMED NOT TO BE CONFIDENTIAL. You are responsible for the Content
that you submit, and you, not Sun, have full responsibility for that
Content, including its legality, reliability, appropriateness,
originality, and related patent and copyright matters.
- You are prohibited from posting or transmitting to or from this
Website any unlawful, threatening, libelous, defamatory, obscene,
pornographic, or profane material, any software virus, worm or other
material of a disruptive or destructive nature, or any other material
that could give rise to any civil or criminal liability under the
law. You are further prohibited from using this Website to: (a)
transmit spam, bulk or unsolicited communications; (b) pretend to be
Sun or someone else, or spoof Sun's or someone else's identity; (c)
forge headers or otherwise manipulate identifiers (including URLs) in
order to disguise the origin of any Service or Content transmitted
via this Website; (d) misrepresent your affiliation with a person or
entity; (e) disrupt the normal flow of dialogue or otherwise act in a
manner that negatively affects Users' ability to use this Website;
(f) engage in activities that would violate any applicable local,
state, national or international law, or any regulations having the
force of law, including but not limited to attempting to compromise
the security of any networked account or site, stalking, or making
threats of harm; or (g) collect or store personal data about other
Users unless specifically authorized by such Users.
- TO THE FULL EXTENT PERMITTED BY LAW, SUN IS NOT LIABLE TO YOU
OR ANY OTHER INDIVIDUAL OR ENTITY FOR ANY DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES RELATED TO OR
ARISING OUT OF ANY USE OF, ACCESS TO, OR INABILITY TO ACCESS THIS
WEBSITE, CONTENT, SERVICES, OR OF ANY OTHER LINKED WEBSITE OR
EXTERNAL RESOURCE INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS,
LOST SALES, LOST REVENUE, LOSS OF GOODWILL, BUSINESS INTERRUPTION,
LOSS OF PROGRAMS OR OTHER DATA EVEN IF SUN IS EXPRESSLY ADVISED OR
AWARE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOU ASSUME ALL
RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING ANY
DAMAGES RESULTING FROM COMPUTER VIRUSES, WORMS, OR OTHER ITEMS OF A
DESTRUCTIVE NATURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO
THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
- ALL SERVICES AND CONTENT ARE PROVIDED BY SUN ON AN "AS
IS", "AS AVAILABLE", AND "WITH ALL FAULTS"
BASIS ONLY. YOU ASSUME ALL RISK OF LOSS OR OTHER HARM FOR THE USE
THEREOF. SUN PROVIDES NO REPRESENTATIONS, CONDITIONS AND/OR
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE,
MERCHANTABILITY AND NONINFRINGEMENT. SUN MAKES NO WARRANTY OR
REPRESENTATION THAT: (A) THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE; (B) CONTENT, SERVICES, OR RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THIS WEBSITE WILL BE ACCURATE OR RELIABLE; ©
THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED FROM THIS WEBSITE WILL MEET YOUR
EXPECTATIONS OR REQUIREMENTS; OR (D) ANY ERRORS IN THIS WEBSITE,
CONTENT OR SERVICES WILL BE CORRECTED.
- Sun reserves the right to investigate complaints or reported
violations of these Terms of Use, and/or applicable licenses and
copyright information on the Website and to take any action Sun deems
appropriate including, without limitation, reporting and providing
information of any suspected unlawful activity to law enforcement
officials, regulators, or other third parties, including disclosing
any information necessary or appropriate to such persons or entities
relating to user profiles, e-mail addresses, usage history, posted
materials, IP addresses, and traffic information.
- Sun reserves the right to seek all remedies available at law
and in equity for violations of these Terms of Use, including, but
not limited to, the right to block access from a particular Internet
address to this Website.
- This Website may contain other proprietary notices, licenses
and copyright information, the terms of which must be observed and
followed by you. In the event of any conflict between the license(s)
applicable to Content or Services and the Terms of Use, the
applicable license(s) prevail. Except as otherwise expressly stated,
by providing the Content or Services, Sun does not grant any licenses
to any copyrights, patents or any other intellectual property rights.
- The Content provided on this Website is provided under the terms
and conditions of the applicable license(s) on the Website. Any
Content provided by you is made available to Users and Sun under the
terms of the license(s) applicable to contributing such Content to
the Website. For all Content, including, without limitation, patent,
copyright, and other intellectual property rights in such Content,
owned or licensable by you at any time without payment, ideas,
concepts, know-how and techniques, uploaded, submitted or otherwise
made available by you on the Website or to the Users and/or Sun
(collectively "Material"), you grant (or warrant that the
owner of such rights has expressly granted) Sun a worldwide,
unrestricted, royalty-free, fully paid up, irrevocable, perpetual,
non-exclusive license to use, make, reproduce, import, compile,
prepare derivative works of, publicly display, publicly perform,
transmit, sell, distribute, sublicense, demonstrate, market,
disclose, have made, offer for sale, lease, transfer or otherwise
exploit such Materials, and/or derivative works thereof, and
authorize third parties to do any, some or all of the foregoing
including, but not limited to, sublicensing others to do any, some or
all of the foregoing indefinitely. You represent that you are legally
entitled to grant the rights and privileges conveyed by this section
and warrant that your Material, to the best of your knowledge, does
not violate any other party's patents, copyrights, trademarks or
other intellectual property rights. Sun's use of the Content You
provide will be without restriction of any kind. Sun has no
obligation to include any copyright or legal notice attributable on
such Content provided by You.
- You agree that with respect to any “moral” or
equivalent rights (including, without limitation, rights of
attribution, integrity, disclosure, and withdrawal) You hereby: (i)
assign such rights to Sun, (ii) waive such rights and (iii) agree
never to assert such rights or to institute or maintain any action
against Sun relative to any such rights in the Content You provide.
To the extent that such rights cannot be assigned or waived by
operation of law, You grant to Sun, a royalty-free, perpetual,
irrevocable and worldwide license to fully exercise all such rights
akin to ownership, with rights to sublicense through multiple levels
of sublicensees and further, You consent to Sun's use sufficient to
allow Sun to exercise the rights granted herein.
- You acknowledge that Sun: (i) does not pre-screen Content; (ii)
has discretion to determine whether to post or not post Content; and
(iii) can delete, cease providing, or modify the Content at any time
for any reason. The Content on this Website may contain technical
inaccuracies or typographical errors. Sun may also improve or change
the Content at any time without notice. Sun reserves the right, at
any time, with or without cause and without notice, to modify,
suspend or terminate in whole or in part: (i) the Services, (ii) your
use or access to the Services, or (iii) both. Sun is not liable to
you or any third party for any modification or deletion of Content,
for any posting refusal to post Content, or any modification,
suspension or termination of Services. Please understand that this is
an active Website and we expect that the Content is likely to change.
- If you choose to register on this Website, you are responsible
for providing accurate and complete information about yourself during
registration and to updating such information to keep it current. You
accept all risks of unauthorized access to the information that you
provide. Sun may, in its sole discretion, terminate the accounts or
access rights of Users who may have provided inaccurate or incomplete
information during registration. We hope that, given these
restrictions, you still take the time to provide a full profile which
lets other people in the community get to know you.
- Sun is committed to respecting the intellectual property
rights of others, and we ask our Users to do the same. Sun may, in
its sole discretion, terminate the accounts or access rights of Users
who may be infringing or may otherwise be violating the intellectual
property rights of others. If you believe that your work has been
copied on this Website in a way that constitutes infringement, please
contact the copyright agent as described in the copyright policy set
forth in detail elsewhere on the Website. The Website, Services, and
Content are protected by copyright, trademark, and other laws of both
the United States and foreign countries. Except as expressly
permitted in these Terms of Use and any applicable license, you may
not reproduce, modify, or prepare derivative works based upon,
distribute, sell, transfer, publicly display, publicly perform,
transmit, or otherwise use the Website, Services, or Content. You may
not copy or modify the HTML code used to generate web pages on the
Website.
- California law and controlling U.S. Federal law govern any
action relating to these Terms of Use without regard to any
jurisdiction's choice law rules. You agree to submit all such
disputes to the personal and exclusive jurisdiction of the state and
federal courts located within the county of Santa Clara, California
USA.
- Sun may amend these Terms of Use at any time by posting the
amended terms on this Website. By continuing to access or use the
Website, Services or Content after Sun makes any such revision, you
agree to be bound by the revised Terms of Use.
- "Sun Trademarks" means all names, marks, brands,
logos, designs, trade dress, slogans and other designations Sun uses
in connection with its products and services. You agree to comply
with the Trademark and Logo Usage Requirements located at
http://www.sun.com/policies/trademarks.
You may not remove or alter any Sun Trademarks, or co-brand your own
products or material with Sun Trademarks, without Sun's prior written
consent. You acknowledge Sun's rights in Sun Trademarks and agree
that any use of Sun Trademarks by you shall inure to Sun's sole
benefit. You agree not to incorporate any Sun Trademarks into your
trademarks, service marks, company names, Internet addresses, domain
names, or any other similar designations, for use on or in connection
with computer or Internet-related products, services or technologies.
- You consent to the collection, processing and storage by Sun
of your personal information in accordance with the terms of Sun's
Privacy Policy, which is available at http://www.sun.com/privacy.
You agree to comply with all applicable laws and regulations, and the
terms of that privacy policy, with respect to any access, use and/or
submission by you of any personal information in connection with this
Website.
- Any express waiver or failure to exercise promptly any right
under the Terms of Use will not create a continuing waiver or any
expectation of non-enforcement. If any provision of the Terms of Use
is held invalid by any law or regulation of any government, or by any
court or arbitrator, such provision will be replaced with a new
provision that accomplishes the original business purpose, and the
other provisions of the Terms of Use will remain in full force and
effect.
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