| Sun Microsystems, Inc. |
| Binary Code License Agreement |
| |
| READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE |
| TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE |
| MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO |
| THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE |
| ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING |
| THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE |
| TO ALL THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE |
| OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED |
| ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THIS |
| AGREEMENT. |
| |
| 1. LICENSE TO USE. |
| Sun grants you a non-exclusive and non-transferable license for the |
| internal use only of the accompanying software and documentation and |
| any error corrections provided by Sun (collectively "Software"), by |
| the number of users and the class of computer hardware for which the |
| corresponding fee has been paid. |
| |
| 2. RESTRICTIONS. |
| Software is confidential and copyrighted. Title to Software and all |
| associated intellectual property rights is retained by Sun and/or |
| its licensors. Except as specifically authorized in any |
| Supplemental License Terms, you may not make copies of Software, |
| other than a single copy of Software for archival purposes. Unless |
| enforcement is prohibited by applicable law, you may not modify, |
| decompile, or reverse engineer Software. Licensee acknowledges that |
| Software is not designed or intended for use in the design, |
| construction, operation or maintenance of any nuclear facility. Sun |
| Microsystems, Inc. disclaims any express or implied warranty of |
| fitness for such uses. No right, title or interest in or to any |
| trademark, service mark, logo or trade name of Sun or its licensors |
| is granted under this Agreement. |
| |
| 3. LIMITED WARRANTY. |
| Sun warrants to you that for a period of ninety (90) days from the |
| date of purchase, as evidenced by a copy of the receipt, the media on |
| which Software is furnished (if any) will be free of defects in |
| materials and workmanship under normal use. Except for the foregoing, |
| Software is provided "AS IS". Your exclusive remedy and Sun's entire |
| liability under this limited warranty will be at Sun's option to |
| replace Software media or refund the fee paid for Software. |
| |
| 4. DISCLAIMER OF WARRANTY. |
| UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, |
| REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF |
| MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR |
| NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE |
| DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. |
| |
| 5. LIMITATION OF LIABILITY. |
| TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS |
| LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR |
| SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, |
| HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF |
| OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN |
| HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event |
| will Sun's liability to you, whether in contract, tort (including |
| negligence), or otherwise, exceed the amount paid by you for |
| Software under this Agreement. The foregoing limitations will apply |
| even if the above stated warranty fails of its essential purpose. |
| |
| 6. Termination. |
| This Agreement is effective until terminated. You may terminate this |
| Agreement at any time by destroying all copies of Software. This |
| Agreement will terminate immediately without notice from Sun if you |
| fail to comply with any provision of this Agreement. Upon |
| Termination, you must destroy all copies of Software. |
| |
| 7. Export Regulations. |
| All Software and technical data delivered under this Agreement are |
| subject to US export control laws and may be subject to export or |
| import regulations in other countries. You agree to comply strictly |
| with all such laws and regulations and acknowledge that you have the |
| responsibility to obtain such licenses to export, re-export, or |
| import as may be required after delivery to you. |
| |
| 8. U.S. Government Restricted Rights. |
| If 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 Software and accompanying |
| documentation will be only as set forth in this Agreement; this is |
| in accordance with 48 CFR 227.7201 through 227.7202-4 (for |
| Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and |
| 12.212 (for non-DOD acquisitions). |
| |
| 9. Governing Law. |
| Any action related to this Agreement will be governed by California |
| law and controlling U.S. federal law. No choice of law rules of any |
| jurisdiction will apply. |
| |
| 10. Severability. |
| If any provision of this Agreement is held to be unenforceable, this |
| Agreement will remain in effect with the provision omitted, unless |
| omission would frustrate the intent of the parties, in which case |
| this Agreement will immediately terminate. |
| |
| 11. Integration. |
| This Agreement is the entire agreement between you |
| and Sun relating to its subject matter. It supersedes all prior |
| or contemporaneous oral or written communications, proposals, |
| 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 |
| during the term of this Agreement. No modification of this |
| Agreement will be binding, unless in writing and signed by an |
| authorized representative of each party. |
| |
| For inquiries please contact: |
| Sun Microsystems, Inc. |
| 4150 Network Circle |
| Santa Clara, California 95054. |
| |
| |
| DEVELOPMENT TOOLS |
| |
| JVMSTAT 3.0 |
| |
| SUPPLEMENTAL LICENSE TERMS |
| |
| These supplemental license terms ("Supplemental Terms") add to or |
| modify the terms of the Binary Code License Agreement (collectively, |
| the "Agreement"). Capitalized terms not defined in these Supplemental |
| Terms shall have the same meanings ascribed to them in the |
| Agreement. These Supplemental Terms shall supersede any inconsistent |
| or conflicting terms in the Binary Code License Agreement, or in any |
| license contained within the Software. |
| |
| A. Software Internal Use and Development License Grant. |
| Subject to the terms and conditions of this Agreement, including, |
| but not limited to Section B (Java Technology Restrictions) of these |
| Supplemental Terms, Sun grants you a non-exclusive, non-transferable, |
| limited license to reproduce internally and use internally the binary |
| form of the Software complete and unmodified for the sole purpose of |
| designing, developing and testing your Java applets and applications |
| intended to run on the Java platform ("Programs"). |
| |
| B. Java Technology Restrictions. |
| You may not create, modify, or change the behavior of, or authorize your |
| licensees to create, modify, or change the behavior of, classes, |
| interfaces, or subpackages that are in any way identified as "java", |
| "javax", "sun" or similar convention as specified by Sun in any naming |
| convention designation. |
| |
| C. Trademarks and Logos. |
| You acknowledge and agree as between you and Sun that Sun owns the |
| SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET trademarks and all SUN, |
| SOLARIS, JAVA, JINI, FORTE, and iPLANET-related trademarks, service |
| marks, logos and other brand designations ("Sun Marks"), and you agree |
| to comply with the Sun Trademark and Logo Usage Requirements currently |
| located at http://www.sun.com/policies/trademarks. Any use you make of |
| the Sun Marks inures to Sun's benefit. |
| |
| D. Source Code. |
| Software may contain source code that is provided solely for reference |
| purposes pursuant to the terms of this Agreement. Source code may not |
| be redistributed unless expressly provided for in this Agreement. |
| |
| E. Termination for Infringement. |
| Either party may terminate this Agreement immediately should any |
| Software become, or in either party's opinion be likely to become, the |
| subject of a claim of infringement of any intellectual property right. |
| |
| For inquiries please contact: |
| Sun Microsystems, Inc. |
| 4150 Network Circle, Santa Clara |
| California 95054 |
| |
| (LFI#143715/Form ID#011801) |