Licensing Policies Regarding the Solaris Operating System

A. Getting the License

The Solaris 10 code can be obtained via a free Web download, obtaining a Solaris 10 media kit through the Sun store, receiving Solaris 10 pre-installed on Sun systems, among other methods. Use of the operating system is governed by the terms of the Software License Agreement (SLA).

B. Terms of the License -- the Entitlement

In order to use the Solaris 10 software for perpetual commercial use, you must obtain the Entitlement Document. The Entitlement Document is delivered to you either with a new Sun machine, from Sun Service as part of your service agreement, or via email when you register your machines through the Sun Download Center. For this reason, ensure that you have the correct email address in your Sun Download Center account before trying to register your Solaris 10 machines. If you do not receive the Entitlement Document, you are only allowed to use the software for 90 days of evaluation usage.

The Entitlement Document is an adjunct to the Software License Agreement (SLA), which always accompanies the Solaris Operating System software. The SLA sets forth the terms under which Sun Microsystems, Inc. allows an end user to use the Solaris software for evaluation purposes for 90 days and is a binding legal agreement between Sun and the end user. End users should be sure to review the SLA in its entirety; any legal questions should be directed to the end user's own legal counsel.

Please note that because the license granted by Sun is non-transferable, end users may not give the Solaris software to any third party.

C. Getting the Software Initially

Many new Sun computer systems ship with the latest Solaris software pre-installed. End users of Sun systems who purchase a support contract from Sun or an authorized Sun reseller receive access to the latest Solaris updates and upgrades throughout the term of their contract. End users with a valid license can also get the latest Solaris software by purchasing a media kit from a Sun sales rep, Sun authorized reseller or from Sun's online store (US only). Free downloads of Solaris software are available; some restrictions apply. Downloads are only recommended for end users with a high-speed Internet connection.www.sun.com/solaris/get.jsp.

D. Solaris OS Updates

The Solaris Operating System has Solaris Named Releases, such as Solaris 9 and Solaris 10. Each Solaris Named Release may also have Solaris Updates and Software Updates. Solaris Named Releases, Solaris Updates, and Software Updates are more fully described on the following website: http://www.sun.com/service/subscriptions/entitlements.xml

• Solaris Named Releases: A license to use a Solaris Named Release, such as Solaris 8, does not include the right to use any other Solaris Named Release, such as Solaris 9.


• Solaris Updates: Customers who purchase appropriate support contracts through Sun or an authorized Sun partner are entitled to receive Solaris Updates for the Solaris Named Release they have licensed. Solaris Updates may only be used in connection with the systems covered by the support contract purchased by the customer.


• Software Updates: Customers who purchase appropriate support contracts through Sun or an authorized Sun partner are entitled to receive Software Updates for the Solaris Named Release they have licensed. Software Updates may only be used in connection with the systems covered by the support contract purchased by the customer.

E. Used Sun Computer Equipment

• Remanufactured or Used Sun Computer Systems Sold by Sun: When Sun sells a used or remanufactured Sun system, the price includes the right for the end user to install and use the latest version of Solaris (or any other version still commercially offered by Sun). End users can buy a media kit from their Sun sales rep, authorized reseller or Sun's online store (US only) or download the latest Solaris software from the web.
• Used Sun Computer Systems Sold by Others:A very limited number of companies are authorized to include a valid Solaris license when they resell used Sun equipment. Except for these few authorized used equipment resellers, no broker, dealer, auction house or other third party that sells a used Sun system has any right to distribute Solaris software with that system. An end user buying from such non-authorized brokers, dealers etc. should be aware that it has no valid license to use the Solaris software, and must obtain the Solaris 10 software and register the purchased system with Sun or purchase a Right To Use (RTU) license for Solaris 8 or 9. In almost all cases, the Solaris Operating System should be stripped from used Sun equipment sold by brokers, dealers, etc. before it is transferred to a new end user.

  Unless otherwise required by law or specifically authorized by Sun, any Sun system that is acquired from a non-authorized reseller does not include a valid license to the Solaris OS. In such a situation, Sun Microsystems and its authorized subsidiaries are the only source for obtaining the Solaris software and rights to use the Solaris OS.

F. Leased Sun Computer Systems

When Sun computer systems are leased commercially to third parties, the lessor of the system has the license to use the Solaris software, but may permit the lessee to use the Solaris software under the lease. When the lease expires, the Solaris license remains with the lessor, not the party who leased the computer. If and when the lessor of the Sun equipment sells the system, the same rules apply as noted above, and the Solaris license does NOT transfer with the system. The new purchaser is responsible for obtaining a valid Solaris license as well as the appropriate software.