Terms of Use

Java Warehouse Developer

Terms and Conditions of Use

Version 10/29/2009

These Java Warehouse Developer Terms and Conditions of Use (“Terms”) are entered into by and between Sun Microsystems, Inc., its U.S. affiliates, its contractors, and any successors–in–interest to any of the foregoing (collectively, “Sun”), which have created the Java Warehouse, and the party referred to in this Agreement as “You” that has created one or more applications it wishes to post to the Java Warehouse. If You wish to Post Software to the Java Warehouse, You may do so only upon the condition that You accept all of the following Terms, which may be modified by Sun from time to time. Please read the Terms carefully. INDICATE ACCEPTANCE BY SELECTING THE “ACCEPT” BUTTON AT THE BOTTOM OF THIS PAGE. IF YOU ARE NOT WILLING TO BE BOUND BY THEM, SELECT THE "DECLINE" BUTTON AT THE BOTTOM OF THIS PAGE.

1. Definitions

1.1 "Content" means any and all comments, data, information, rating and any other material that either You Post to the Java Warehouse or that is available on or through the Java Store or through similar customer–facing, on–line storefronts that connect to the Java Warehouse, but does not include either the Java Store or Software.

1.2 “Distributed Services Application” means Software that You Post to to the Java Warehouse and for which you do not charge any fee when the Software is downloaded from the Java Store but for which you may nonetheless benefit, either from having your application being promoted as a featured application on the Java Store or from your being compensated indirectly for the application at a later point in time, for example, through one or more mechanisms such as receiving payment after a “free trial” period or through an upgrade provided in the application or via a service associated with the application.

1.3 “End User License Agreement” or “EULA” means the license agreement for Software You Post to the Java Warehouse that is between You, as the licensor of Your Software, and the Java Store User that downloads such Software.

1.4 "Java Store" means the consumer–facing application known as “Java Store” that provides access to applications posted to the Java Warehouse and other Content, including, without limitation, updates to or upgrades of the Java Store that are provided by Sun in its sole discretion.

1.5 “Java Store User” means a person or entity who access the Java Store and includes those persons or entities who download Software You Post to Java Warehouse.

1.6 “Java Warehouse” means the application repository known as “Java Warehouse” maintained by or on behalf of Sun or its successor(s) for Software Posted by You and by other application developers.

1.7 "Post" is meant in its broadest sense, including, but not limited to, the acts of uploading to, posting to, providing to, submitting to, linking to, and/or transmitting to.

1.8 "Registered User" means a party registered to post Software to the Java Warehouse.

1.9 "Services" means functionality or services available by means of, or enabled by, the Java Store, its Content, or the Java Warehouse.

1.10 "Software" means any Java– or JavaFX–based applet or application that You Post to the Java Warehouse, including but not limited to source code, object code, byte code, scripts, data structures, compilers, icons, images and any associated documentation (“Software You Post” or “Your Software”).

1.11 "You" or "Your" means you personally, as well as any person or entity on whose behalf you use the Java Warehouse.

2. Accepting the Terms

2.1 In order to Post Software to the Java Warehouse, You must accept these Terms and also be a Registered User of the Java Warehouse in accordance with the procedures set forth by Sun at How to – Registration at the time you register, which may be revised by Sun from time–to–time in its reasonable discretion.

2.2 If You are accepting these Terms on behalf of Your employer or another entity, then You represent and warrant that You have full legal authority to bind Your employer or such entity to the Terms.

2.3 You may not use the Services, including but not limited to Posting Content or Software, if:

1. You are not of legal age to form a binding contract with Sun; or
2. You are prohibited by law from receiving the Services.

In addition, Sun reserves the right, in its reasonable discretion, not to allow You to use the Services, including but not limited to Posting Content or Software if you are not located in the United States.

3. Software Submitted to Sun

3.1 Sun does not claim ownership of the Software You Post to the Java Warehouse and undertakes not to alter such Software. Unless otherwise stated herein, any Software You Post to the Java Warehouse shall be deemed to be Posted on a non–confidential basis. You understand that, subject to any of Your patents and copyrights, Sun may develop or acquire technology or Software similar to Software You Post to the Java Warehouse.

3.2 Sun may, in its sole discretion, display Software You Post as well as suspend or remove Software You Post, including but not limited to Software You Post that violates the Terms. Sun shall use its reasonable efforts to give you prior notice before removing Software that does not violate the Terms.

3.3 Without prejudice to Sun´s rights as set forth in Section 3.2, Sun reserves the right not to make Distributed Services Applications available from the Java Store unless and until You and Sun mutually agree to supplemental terms to these Terms concerning such Applications.

3.4 You represent and warrant that You have the right and power to grant the licenses set forth in the Terms and EULA.

3.5 Sun may, in its reasonable discretion, rank any new Software You Post or alter any ranking of Your Software that Sun believes has been tampered with.

3.6 Upon your specific, written request to Sun, Sun will use its reasonable commercial efforts to remove Software that You have Posted to the Java Warehouse, but may retain and use copies of Your Software for archival and support purposes related to the administration of the Java Warehouse and Java Store.

4. Your Obligations

4.1 You agree to Post Software to the Java Warehouse consistent with the Terms, any requirements associated with the registration process referenced in Section 2.1 and any applicable laws or regulations.

4.2 You, and not Sun, will be solely responsible for support and maintenance of any Software You Post to the Java Warehouse that is downloaded by a Java Store User as well as for responding to comments (including any complaints) about Your Software in Your reasonable discretion.

4.3 You agree You will not violate the legal rights of Java Store Users. In addition, 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 Sun´s Privacy Policy, with respect to any access, use and/or submission by You of any personal information in connection with the Java Warehouse.

4.4 You acknowledge that You have had the opportunity to review the developer guidelines at http://java.sun.com/warehouse/reference/docs/dev_guidelines/index.jsp, which may be revised by Sun from time–to–time in its reasonable discretion. Sun may consider Your Software´s conformance with the guidelines in determining whether to allow Your Software to be made available in the Java Store. However, Your failure to comply with any particular guideline shall not be considered a breach of these Terms.

4.5 You are entirely responsible for all Software You Post to the Java Warehouse. You agree not to Post to the Java Warehouse any Software that: (a) is inaccurate, obscene, pornographic, defamatory, racist, violent, knowingly false or harassing; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone´s intellectual property rights; (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (e) surreptitiously collects personal information or other data from users of the Software or the computer on which the Software is running; (f) is for military, nuclear, missile, or chemical or biological weaponry use; or (g) may be used for gambling.

4.6 You agree that You will not use the Java Warehouse or Java Store to: (a) misrepresent your affiliation with a person or entity; (b) disrupt the normal flow of dialogue or otherwise in a manner that negatively affects Java Store Users´ ability to use the Java Store; or (c) collect or use personal data about Java Store Users unless specifically authorized to do so by such Java Store Users.

4.7 All Software You Post shall be Java– or JavaFX–related applications documentation, icons and/or images only.

4.8 You agree that You will comply with any third party license requirements in Software You Post to the Java Warehouse and in Your licensing of that Software to Java Store Users.

4.9 You agree that any Software You Post to the Java Warehouse shall be subject to a EULA. You may Post Software with a EULA of Your choice, provided that it identifies You as the licensor of Your Software. If You do not Post Software with a EULA, You agree that the Sun–provided EULA will be used for Your Software, a current copy of which is available at http://java.com/javastore-thirdpartyterms, which may be revised from time to time by Sun in its reasonable discretion. In either instance, You acknowledge that the EULA is intended to be a binding agreement between You and the Java Store User of Your Software and that Sun is not a party to that agreement.

4.10 You agree that if You charge any license fees for any Software You Post to the Java Warehouse that You will comply with the Supplemental Terms For For–Fee Applications Posted to the Java Warehouse posted at http://java.sun.com/warehouse/termsofuse_content/revenue_addendum.jsp which may be revised from time to time at Sun´s reasonable discretion.

5. License Grants

5.1 You grant to Sun the right under Your intellectual property rights, including trademark rights, to reproduce, publicly perform, publicly display, promote and otherwise use Software You Post to the Java Warehouse for the period of this agreement for the purposes of facilitating Your licensing of such Software to Java Store Users and promoting the Java Store in association with Your participation in it. If You cease to participate in the Java Store, Sun shall use its reasonable efforts to stop identifying You or Software You had Posted in association with promotional activities for the Java Store as soon as feasible. The foregoing license may only be sublicensed or transferred by Sun (i) to one or more third parties working with Sun in the management of the Java Warehouse and/or Java Store, or (ii) to Sun´s successor in the case of a change of control of Sun.

5.2 After termination of these Terms, Sun will no longer make Your Software available for licensing to Java Store Users pursuant to Section 5.1, but you expresly authorize Sun to retain and use copies of Your Software for archival and support purposes related to the Java Store.

6. Modification and Termination of Services; Amendment of Terms

6.1 Sun reserves the right at any time to modify, suspend or terminate Java Store, and/or Your use of or access to Java Warehouse, provided that except in cases of emergency or a violation of the Terms Sun will use its reasonable efforts to give You prior notice before suspending or terminating Your use of or access to the Java Warehouse if such suspension or termination is not generally applicable to Registered Users. Sun may also delete, or bar access to or use of, any of Your Software if Sun, in its sole discretion, determines that Your Software is in violation of these Terms, including but not limited to Section 4.5 of these Terms. Sun will not be liable to You or any third party for any modification, suspension, or termination of Java Store or Java Warehouse, or loss of related information.

6.2 Upon at least 30 days prior notice from Sun to You, which shall be posted to the Java Warehouse developer portal and which shall also be reasonably designed to reach You even if you are not accessing the developer portal on a regular basis, Sun may amend the Terms. Your continued use of Java Warehouse following the posting of the amended Terms will mean that You accept and agree to the amended Terms.

7. Export Regulations

7.1 You will access and use Java Warehouse, including Posting Software, only in compliance with all U.S. and foreign export and re–export control laws and their implementing regulations, including but not limited to the U.S. Export Administration Regulations and International Traffic in Arms Regulations, where the terms "export" and "re–export" refer to any transfer or release of technology or software or direct products to another country or to a national of another country by any means. Pursuant to this obligation, You agree to provide Sun with any data it requests related to its and your compliance with this Section 7.

7.2 You represent and warrant that You are not a party identified on U.S. or foreign governments´ export exclusion lists, including but not limited to the Denied Persons, Entity, and Specially Designated Nationals Lists, and that You are not a national of any country or countries subject to U.S. embargo or trade sanctions that would prohibit your access to the Java Warehouse.

7.3 You will not permit access or use of the Java Warehouse by parties identified on U.S. Government export exclusion lists, including but not limited to the Denied Persons, Entity, and Specially Designated Nationals Lists, or nationals of countries subject to U.S. embargo or trade sanctions.

7.4 You will not use the Java Warehouse for military, nuclear, missile, chemical or biological weaponry end uses.

8. Warranties

8.1 THE JAVA STORE AND JAVA WAREHOUSE ARE PROVIDED "AS IS." ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, AND PERFORMANCE OF THE JAVA STORE AND JAVA WAREHOUSE, ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. SUN MAKES NO WARRANTY THAT JAVA STORE AND JAVA WAREHOUSE WILL BE UNINTERRUPTED, TIMELY, OR ERROR–FREE OR THAT ANY INFORMATION OBTAINED FROM THE USE OF JAVA STORE AND JAVA WAREHOUSE WILL BE ACCURATE OR RELIABLE.

8.2 YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USING JAVA STORE AND JAVA WAREHOUSE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.

8.3 You acknowledge that neither the Java Store nor the Java Warehouse is designed for use in the design, construction, operation or maintenance of any nuclear facility. Sun disclaims any express or implied warranty of fitness for such uses.

8.4 You acknowledge that Java Store and Java Warehouse may have defects or deficiencies which cannot or will not be corrected by Sun.

9. Limitation of Liability; Hold Harmless

9.1 TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THE TERMS OR USE OF THE JAVA STORE OR JAVA WAREHOUSE (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN BREACH OF CONTRACT, BREACH OF WARRANTY OR IN TORT, INCLUDING NEGLIGENCE, AND EVEN IF SUN HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, SUN´S TOTAL CUMULATIVE LIABILITY TO YOU IN CONNECTION WITH OR ARISING OUT OF THESE TERMS OF USE OF THE JAVA STORE OR JAVEA WAREHOUSE SHALLBE LIMITED TO YOUR DIRECT CONTRACTUAL DAMAGES UP TO AN AMOUNT NOT TO EXCEED FIFTY THOUSAND DOLLARS (US$50,000).

9.2 YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA, INCLUDING YOUR SOFTWARE, AND WILL NOT MAKE A CLAIM AGAINST SUN FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF THE SERVICES. YOU AGREE TO HOLD SUN HARMLESS FROM, AND YOU CONVENANT NOT TO SUE SUN FOR, ANY CLAIMS BASED ON YOUR USE OF THE SERVICES OR THE JAVA WAREHOUSE OR JAVE STORE OR ANY CONTENT OR YOUR SOFTWARE.

10. Term and Termination

10.1 The Terms are effective on the date You accept the terms and conditions and remain effective until terminated. Sun reserves the right to terminate the Terms at any time,provided that except in cases of emergency or a violation of the Terms Sun shall use its reasonable efforts to give You prior notice before taking such action. Your rights under the Terms will terminate immediately without notice from Sun if You materially breach the Terms or take any action in derogation of Sun´s rights to the Services or the Java Warehouse. You may terminate these Terms in Your discretion upon giving prior written notice to Sun.

10.2 Sections 1, 3.1, 3.3, 4.2, 4.5, 5.2, 6, 7, 8, 9, 10, and 11 will survive termination of the Terms.

10.3 At Sun´s discretion, termination of the Terms may include: (a) removal of Your access to and/or use of Java Warehouse; and (b) deletion of Your Software from Java Warehouse and/or Java Store.

11. General Legal Terms

11.1 These Terms constitute the entire agreement between You and Sun relating to their subject, and cancel and supersede, with respect to Your Posting Software to the Java Warehouse, both the Sun Websites Terms of Use and any prior version of these Terms. For the avoidance of doubt, these Terms are intended to work together with and not to cancel, supersede or amend the Consumer Terms of Use should you access the Java Store as a visitor. You must not assign or otherwise transfer the Terms or any right granted hereunder.

11.2 Any action related to the Terms will be governed by California law and controlling U.S. Federal law. Any litigation arising hereunder will be brought in a court of competent jurisdiction in Santa Clara County, California. The parties agree and consent to the venue and personal jurisdiction of such courts.

11.3 In the event of a dispute, complaint or investigation arises from access, use or Posting of the Software, You agree cooperate with and comply fully with any direction or request from Sun for the purpose of resolving the dispute, complaint or investigation. You also agree that Sun may do all things it considers reasonable in assisting with the resolution of any dispute, complaint or investigation process, including by supplying documents or records in its possession, or a copy of the Software.

11.4 Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non–enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purposes, and the other provisions of the Terms will remain in full force and effect.

11.5 If a non–English version of these Terms is made available to You, to the extent there is a conflict between the non–English and English version of the Terms, the English version of these Terms shall govern Your use and access to the Services and the Java Warehouse.