I am SOO sorry, pardon me.. I was too quick.. I was downloading EA javamail 1.4ea which is of course for evaluation.
JavaMail 1.3.3 allows the jar file to be redistributed: https://jsecom15a.sun.com/ECom/EComActionServlet/DownloadPage:~:com.sun.sunit.sdlc.content.DownloadPageInfo;jsessionid=7F830C1ABE6203C9F9794DC4A1448B89;jsessionid=7F830C1ABE6203C9F9794DC4A1448B89?viewLicenceId_6= Sun Microsystems, Inc. ("Sun") SOFTWARE LICENSE AGREEMENT and ENTITLEMENT for SOFTWARE A. ENTITLEMENTS for SOFTWARE Licensee/Company: Entity receiving Software. Effective Date: Date of delivery of the Software to You. Software: JAVAMAIL, VERSION 1.3.3 License Term: Perpetual (subject to termination under the SLA) Licensed Unit: Software Copy Licensed unit Count: Unlimited Permitted Uses: 1. You may reproduce and use the Software for Individual, Commercial, or Research and Instructional Use for the purposes of designing, developing, testing, and running Your applets and applications ("Programs"). On 1/10/06, Edward Tan <[EMAIL PROTECTED]> wrote: > > Hi, > > I am concerned with Sun JavaMail licensing that restrict only to evaluation > purpose. And James uses JavaMail. > > Does it mean that James can only be distributed without Javamail jar > (mail.jar)? > > Am I missing something? > > Edward > > quote from Sun: > > 2.2 Binary Code. Sun grants to Licensee, a > non-exclusive, non-transferable, royalty-free and > limited license to use the binary code portions of the > Licensed Software internally for the purposes of > > evaluation only. > > > > > https://jsecom15b.sun.com/ECom/EComActionServlet/DownloadPage:~:com.sun.sunit.sdlc.content.DownloadPageInfo;jsessionid=2C496475DA352A33A848CF48DAC7DC12;jsessionid=2C496475DA352A33A848CF48DAC7DC12?viewLicenceId_6= > > <https://jsecom15b.sun.com/ECom/EComActionServlet/DownloadPage:%7E:com.sun.sunit.sdlc.content.DownloadPageInfo;jsessionid=2C496475DA352A33A848CF48DAC7DC12;jsessionid=2C496475DA352A33A848CF48DAC7DC12?viewLicenceId_6=> > > > Pre-Release > Software Evaluation Agreement > > SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE > THE PRE-RELEASE SOFTWARE IDENTIFIED BELOW TO LICENSEE > ONLY UPON THE CONDITION THAT LICENSEE ACCEPTS ALL OF > > THE TERMS CONTAINED IN THIS LICENSE AGREEMENT > ("AGREEMENT"). PLEASE READ THE TERMS AND CONDITIONS > OF THIS AGREEMENT CAREFULLY. BY DOWNLOADING OR > INSTALLING THIS SOFTWARE, LICENSEE ACCEPTS THE TERMS > > AND CONDITIONS OF THIS LICENSE AGREEMENT. INDICATE > ACCEPTANCE BY SELECTING THE "ACCEPT" BUTTON AT THE > BOTTOM OF THIS AGREEMENT. IF LICENSEE IS 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 > > "Licensed Software" means the Java Mail 1.4 API > Interface Classes Early Access software in binary > > and/or source code forms, 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 Licensee by Sun under this > Agreement. > > 2.0 LIMITED LICENSE > > 2.1 Source Code. Sun grants to Licensee, a > non-exclusive, non-transferable, royalty-free and > limited license to view the source code portions of > > the Licensed Software internally for the purposes of > evaluation only. > > 2.2 Binary Code. Sun grants to Licensee, a > non-exclusive, non-transferable, royalty-free and > limited license to use the binary code portions of the > > Licensed Software internally for the purposes of > evaluation only. > > 2.3 No licenses are granted to Licensee for any other > purposes, Licensee may not sell, rent, loan or > otherwise encumber or transfer Licensed Software in > > whole or in part, to any third party. > > 3.0 LICENSE RESTRICTIONS > > 3.1 Licensee may not duplicate Licensed Software other > than for a single copy of Licensed Software for > archival purposes only. Licensee agrees to reproduce > > any copyright and other proprietary right notices on > any such copy. > > 3.2 Except as otherwise provided by law, Licensee may > not modify or create derivative works of the Licensed > Software, or reverse engineer, disassemble or > > decompile binary portions of the Licensed Software, or > otherwise attempt to derive the source code from such > portions. > > 3.3 No right, title, or interest in or to Licensed > Software, any trademarks, service marks, or trade > > names of Sun or Sun's licensors is granted under this > Agreement. > > 3.4 Licensee shall have no right to use the Licensed > Software for productive or commercial use. > > 4.0 NO SUPPORT > > Sun is under no obligation to support Licensed > > Software or to provide Licensee with updates or error > corrections (collectively "Software Updates"). If Sun, > at its sole option, supplies Software Updates to > Licensee, the Software Updates will be considered part > > of Licensed Software, and subject to the terms of this > Agreement. > > 5.0 LICENSEE DUTIES > > Licensee agrees to evaluate and test the Software for > use in Licensee's software environment and provide > > feedback to Sun in a manner reasonably requested by > Sun. Any and all test results, error data, reports or > other information, feedback or materials made or > provided by Licensee relating to Software > (collectively, "Feedback") are the exclusive property > > of Sun and Licensee hereby assigns all Feedback to Sun > at no cost to Sun. Sun may use such Feedback in any > manner and for any purpose, without limitation, > liability or obligation to Licensee. > > 6.0 TERM AND TERMINATION OF AGREEMENT > > > 6.1 This Agreement will commence on the date on which > Licensee receives Licensed Software (the "Effective > Date") and will expire sixty (60) days from the > Effective Date, unless terminated earlier as provided > > herein. > > 6.2 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 Licensed 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. > > 6.3 Sun may terminate this Agreement immediately > should Licensee materially breach any of its > provisions or take any action in derogation of Sun's > > rights to the Confidential Information licensed to > Licensee. > > 6.4 Upon termination or expiration of this Agreement, > Licensee will immediately cease use of and destroy > Licensed Software, any copies thereof and provide to > > Sun a written statement certifying that Licensee has > complied with the foregoing obligations. > > 6.5 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 For purposes of this Agreement, "Confidential > Information" means: (i) business and technical > information and any source code or binary code, which > > Sun discloses to Licensee related to Licensed > Software; (ii) Licensee's feedback based on Licensed > Software; and (iii) the terms, conditions, and > existence of this Agreement. Licensee may not > disclose or use Confidential Information, except for > > the purposes specified in this Agreement. Licensee > will protect the Confidential Information with the > same degree of care, but not less than a reasonable > degree of care, as Licensee uses to protect its own > > Confidential Information. Licensee's obligations > regarding Confidential Information will expire no less > than five (5) years from the date of receipt of the > Confidential Information, except for Sun source code > > which will be protected in perpetuity. Licensee > agrees that Licensed Software contains Sun trade > secrets. > > 7.2 Notwithstanding any provisions contained in this > Agreement concerning nondisclosure and non-use of the > > Confidential Information, the nondisclosure > obligations of Section 7.1 will not apply to any > portion of Confidential Information that Licensee can > demonstrate in writing is: (i) now, or hereafter > through no act or failure to act on the part of > > Licensee becomes, generally known to the general > public; (ii) known to Licensee at the time of > receiving the Confidential Information without an > obligation of confidentiality; (iii) hereafter > rightfully furnished to Licensee by a third party > > without restriction on disclosure; or (iv) > independently developed by Licensee without any use of > the Confidential Information. > > 7.3 Licensee must restrict access to Confidential > Information to its employees or contractors with a > > need for this access 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 DISCLAIMER OF WARRANTY > > 8.1 Licensee acknowledges that Licensed Software may > contain errors and is not designed, licensed, or > intended for use in the design, construction, > > operation or maintenance of any nuclear facility > ("High Risk Activities"). Sun disclaims any express or > implied warranty of fitness for such uses. Licensee > represents and warrants to Sun that it will not use, > > distribute or license the Licensed Software for High > Risk Activities. > > 8.2 LICENSED 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. > > 9.0 LIMITATION OF LIABILITY > > > 9.1 Licensee acknowledges that the Licensed Software > may be experimental and that the Licensed Software may > have defects or deficiencies, which cannot or will not > be corrected by Sun. Licensee will hold Sun harmless > > from any claims based on Licensee's use of the > Licensed Software for any purposes other than those of > internal evaluation, and from any claims that later > versions or releases of any Licensed Software > furnished to Licensee are incompatible with the > > Licensed Software provided to Licensee under this > Agreement. > > 9.2 To the extent not prohibited by law, in no event > will Sun be liable for any indirect, punitive, > special, incidental or consequential damage 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 has been > > previously advised of the possibility of such damage. > > 10.0 U.S. GOVERNMENT RESTRICTED 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 the Software and accompanying > documentation shall be only as set forth in this > license; this is in accordance with 48 C.F.R. > 227.7202-4 > (for Department of Defense (DOD) > acquisitions) and with 48 C.F.R. 2.101 and 12.212 (for > non-DOD acquisitions). > > 11.0 GENERAL TERMS > > 11.1 Any action relating to or arising out of 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. > > 11.2 Licensed 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. Licensee agrees to > comply strictly with all such laws and regulations and > > acknowledges that it has the responsibility to obtain > such licenses to export, re-export or import as may be > required after delivery to Licensee. > > 11.3 It is understood and agreed that, notwithstanding > > any other provision of this Agreement, Licensee's > breach of the provisions of Section 7 of this > Agreement will 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. > > 11.4 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. > > 11.5 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 Licensed Software. No modification > > to this Agreement will be binding, unless in writing > and signed by an authorized representative of each > party. > >
