| 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. You acknowledge that Software is not designed, |
| licensed or intended 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. 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. |
| |
| Java(TM) 2, Enterprise Edition (J2EE), |
| Version 1.3.x, Reference Implementation |
| 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 Agreement, or in any license |
| contained within the Software. |
| |
| 1. Software Internal Use and Development License Grant. |
| Subject to the terms and conditions of this Agreement, |
| including, but not limited to, Section 4 (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 ("Programs"), provided that you do not |
| redistribute the Software in whole or in part, either |
| separately or included with any Programs. |
| |
| 2. Java Technology Restrictions. You may not modify the |
| Java Platform Interface ("JPI", identified as classes |
| contained within the "java" package or any subpackages of |
| the "java" package), by creating additional classes within |
| the JPI or otherwise causing the addition to or |
| modification of the classes in the JPI. In the event that |
| you create an additional class and associated API(s) which |
| (i) extends the functionality of the Java Platform, and |
| (ii) is exposed to third party software developers for the |
| purpose of developing additional software which invokes |
| such additional API, you must promptly publish broadly an |
| accurate specification for such API for free use by all |
| developers. You may not create, or authorize your licensees |
| to create additional 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. |
| |
| 3. Verifier Restrictions. The Software contains application |
| testing software components ("Verifier") for your |
| convenience. However, you may not use the Sun tagline |
| "J2EE(TM) Verified" or similar phrase designated by Sun to |
| indicate a Program's satisfaction of the J2EE Application |
| Verification Criteria ("Verification Tagline") based on the |
| use of the Software or Verifier under this Agreement. To |
| obtain the right to use a Verification Tagline, you must |
| license the J2EE Application Verification Kit from Sun, pay |
| applicable fees, and execute a separate trademark license |
| for the Verification Tagline. |
| |
| 4. Java Runtime Availability. Refer to the appropriate |
| version of the Java Runtime Environment binary code license |
| (currently located at |
| http://www.java.sun.com/jdk/index.html) for the |
| availability of runtime code which may be distributed with |
| Programs. |
| |
| 5. 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. |
| |
| 6. 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. |
| |
| 7. 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. 901 |
| San Antonio Road, Palo Alto, California 94303 |
| (LFI#109549/Form ID#011801) |