Binary Code License (BCL) definition
Binary Code License (BCL) means an End User license to use the Binary Product(s) pursuant to Attachment 1 hereto, or as otherwise specified by Sun for specific Products. 1.4 "Binary Products" means the machine-readable, executable code for the Product and End User Documentation listed in Attachment 2 hereto, any Updates, Version Release or Product Release to the Binary Product provided to Customer, if any, and any Error Corrections. 1.5 "Confidential Information" means that information which Customer and/or Sun desire to protect against unauthorized disclosure or use and which the disclosing party designates as confidential (i) in writing, if communicated in writing, or (ii) orally, prior to any oral disclosure of the Confidential Information. Confidential Information may include information of third parties. The terms and conditions of this Agreement shall be considered Confidential Information of Sun. 1.6 "Distributor" means an entity that distributes Customer's Products and which is under a contractual obligation to Customer as set forth in this Agreement. 1.7 "Dollar" or "$" means the currency of the United States of America. 1.8 "End User" means the entity to whom the BCL applies and to whom Customer and/or Distributors furnish the Binary Products for use on or with Customer's Products for internal use and not for resale, marketing, or leasing. 1.9 "End User Documentation" means users' manuals, programmers' guides and system guides which Sun may provide for use with the Products, and which are specified in the Attachments and/or the Price List. 1.10 "Error" means any reproducible failure of the Products to perform its intended functions or any significant inaccuracies in the End User Documentation. 1.11 "Error Correction" means a modification, addition, procedure or routine intended to correct the practical adverse effect of an Error. 1.12 "Customer's Product(s)" means (i) the hardware system(s) manufactured by or for Customer with which the full operating system environment Product(s) is (are) intended to operate; and/or (ii) the hardware and/or software system manufactured by or for Customer and which is shipped with the unbundled and other technology Products. 1.13 "Master Media" means the Binary Product delivered to Customer for the purpose of mass duplication in accordance with Section 2.0 herein. 1.14 "Packaged Product" means the Binary Product, including End User Documentation, delivered to Customer in prepackaged (shrink-wrap) form. 1.15 "Price List" means the then cur...