| Sun Microsystems, Inc. |
| Software 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 Licensed 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. |
| |
| JAVATM INTERFACE CLASSES |
| JAVA METADATA INTERFACE ("JMI"), VERSION 1.0, SAMPLE CLASS INTERFACES |
| SUPPLEMENTAL LICENSE TERMS |
| |
| These supplemental license terms ("Supplemental Terms") add to or modify the terms |
| of the Software 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 3 (Java Technology Restrictions) |
| of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited |
| license to reproduce internally and use internally the Software, complete and unmodified, |
| for the sole purpose of designing, developing, testing and running your Java applets |
| and applications. For clarification, the Software will be considered unmodified if you have |
| compiled the Software using a compliant Java compiler. |
| |
| 2. License to Distribute Software. In addition to the license granted in Section 1 |
| (Software Internal Use and Development License Grant) of these Supplemental Terms, |
| subject to the terms and conditions of this Agreement, including but not limited |
| to Section 3 (Java Technology Restrictions), Sun grants you a non-exclusive, |
| non-transferable, limited license to reproduce and distribute the Software provided |
| that you (i) distribute the Software complete and unmodified and only bundled as part |
| of your Programs, (ii) do not distribute additional software intended to replace any |
| component(s) of the Software, (iii) do not remove or alter any proprietary legends |
| or notices contained in the Software, (iv) only distribute the Software subject to a license |
| agreement that protects Sun's interests consistent with the terms contained |
| in this Agreement, and (v) agree to defend and indemnify Sun and its licensors from |
| and against any damages, costs, liabilities, settlement amounts and/or expenses (including |
| attorneys' fees) incurred in connection with any claim, lawsuit or action by any third |
| party that arises or results from the use or distribution of any and all Programs and/or |
| Software. |
| |
| 3. 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. |
| |
| 4. 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. |
| |
| 5. 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#115025/Form ID#011801) |