| Sun Microsystems, Inc. |
| Binary Code License Agreement |
| |
| READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMEN |
| TAL LICENSE TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFO |
| RE OPENING THE SOFTWARE MEDIA PACKAGE. BY OPENING THE SOFT |
| WARE MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMEN |
| T. IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDIC |
| ATE 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 TH |
| E 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 acco |
| mpanying software and documentation and any error correctio |
| ns 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 propert |
| y rights is retained by Sun and/or its licensors. Except a |
| s 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, decom |
| pile, or reverse engineer Software. Licensee acknowledges |
| that Licensed Software is not designed or intended for use |
| in the design, construction, operation or maintenance of an |
| y nuclear facility. Sun Microsystems, Inc. disclaims any ex |
| press or implied warranty of fitness for such uses. No ri |
| ght, title or interest in or to any trademark, service mark |
| , logo or trade name of Sun or its licensors is granted und |
| er this Agreement. |
| |
| 3. LIMITED WARRANTY. Sun warrants to you that for a perio |
| d of ninety (90) days from the date of purchase, as evidenc |
| ed by a copy of the receipt, the media on which Software is |
| furnished (if any) will be free of defects in materials an |
| d workmanship under normal use. Except for the foregoing, |
| Software is provided "AS IS". Your exclusive remedy and Su |
| n's entire liability under this limited warranty will be at |
| Sun's option to replace Software media or refund the fee p |
| aid for Software. |
| |
| 4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREE |
| MENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AN |
| D WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABI |
| LITY, 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 CA |
| USED 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 cont |
| ract, 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 termina |
| ted. You may terminate this Agreement at any time by destr |
| oying all copies of Software. This Agreement will terminat |
| e immediately without notice from Sun if you fail to comply |
| with any provision of this Agreement. Upon Termination, y |
| ou must destroy all copies of Software. |
| |
| 7. Export Regulations. All Software and technical data del |
| ivered under this Agreement are subject to US export contro |
| l laws and may be subject to export or import regulations i |
| n other countries. You agree to comply strictly with all s |
| uch 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 bein |
| g acquired by or on behalf of the U.S. Government or by a U |
| .S. Government prime contractor or subcontractor (at any ti |
| er), then the Government's rights in Software and accompany |
| ing documentation will be only as set forth in this Agreeme |
| nt; this is in accordance with 48 CFR 227.7201 through 227. |
| 7202-4 (for Department of Defense (DOD) acquisitions) and w |
| ith 48 CFR 2.101 and 12.212 (for non-DOD acquisitions). |
| |
| 9. Governing Law. Any action related to this Agreement wi |
| ll be governed by California law and controlling U.S. feder |
| al law. No choice of law rules of any jurisdiction will ap |
| ply. |
| |
| 10. Severability. If any provision of this Agreement is hel |
| d to be unenforceable, this Agreement will remain in effect |
| with the provision omitted, unless omission would frustrat |
| e the intent of the parties, in which case this Agreement w |
| ill immediately terminate. |
| |
| 11. Integration. This Agreement is the entire agreement be |
| tween you and Sun relating to its subject matter. It super |
| sedes all prior or contemporaneous oral or written communic |
| ations, proposals, representations and warranties and preva |
| ils over any conflicting or additional terms of any quote, |
| order, acknowledgment, or other communication between the p |
| arties relating to its subject matter during the term of th |
| is Agreement. No modification of this Agreement will be bi |
| nding, unless in writing and signed by an authorized repres |
| entative of each party. |
| |
| JAVA(TM) INTERFACE CLASSES |
| J2EE(TM) DEPLOYMENT SPECIFICATION INTERFACE CLASSES 1.1 |
| SUPPLEMENTAL LICENSE TERMS |
| |
| These supplemental license terms ("Supplemental Terms") add |
| to or modify the terms of the Binary Code License Agreemen |
| t (collectively, the "Agreement"). Capitalized terms not de |
| fined in these Supplemental Terms shall have the same meani |
| ngs ascribed to them in the Agreement. These Supplemental T |
| erms shall supersede any inconsistent or conflicting terms |
| in the Agreement, or in any license contained within the So |
| ftware. |
| |
| 1. Software Internal Use and Development License Grant. Sub |
| ject to the terms and conditions of this Agreement, includi |
| ng, but not limited to Section 3 (Java(TM) Technology Restr |
| ictions) of these Supplemental Terms, Sun grants you a non- |
| exclusive, non-transferable, limited license to reproduce i |
| nternally and use internally the binary form of the Softwar |
| e, complete and unmodified, for the sole purpose of designi |
| ng, developing and testing your Java applets and applicatio |
| ns ("Programs"). |
| |
| 2. License to Distribute Software. In addition to the lice |
| nse granted in Section 1 (Software Internal Use and Develop |
| ment 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), Su |
| n grants you a non-exclusive, non-transferable, limited lic |
| ense to reproduce and distribute the Software in binary for |
| m only, provided that you (i) distribute the Software compl |
| ete and unmodified and only bundled as part of your Program |
| s, (ii) do not distribute additional software intended to r |
| eplace any component(s) of the Software, (iii) do not remov |
| e 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 consisten |
| t with the terms contained in this Agreement, and (v) agree |
| to defend and indemnify Sun and its licensors from and aga |
| inst any damages, costs, liabilities, settlement amounts an |
| d/or expenses (including attorneys' fees) incurred in conne |
| ction 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 Jav |
| a Platform Interface ("JPI", identified as classes containe |
| d within the "java" package or any subpackages of the "java |
| " package), by creating additional classes within the JPI o |
| r otherwise causing the addition to or modification of the |
| classes in the JPI. In the event that you create an additi |
| onal class and associated API(s) which (i) extends the func |
| tionality of the Java Platform, and (ii) is exposed to thir |
| d party software developers for the purpose of developing a |
| dditional software which invokes such additional API, you m |
| ust 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 specifie |
| d by Sun in any naming convention designation. |
| |
| 4. Trademarks and Logos. You acknowledge and agree as betwe |
| en you and Sun that Sun owns the SUN, SOLARIS, JAVA, JINI, |
| FORTE, and iPLANET trademarks and all SUN, SOLARIS, JAVA, J |
| INI, FORTE, and iPLANET-related trademarks, service marks, |
| logos and other brand designations ("Sun Marks"), and you a |
| gree to comply with the Sun Trademark and Logo Usage Requir |
| ements currently located at http://www.sun.com/policies/tra |
| demarks. Any use you make of the Sun Marks inures to Sun's |
| benefit. |
| |
| 5. Source Code. Software may contain source code that is pr |
| ovided solely for reference purposes pursuant to the terms |
| of this Agreement. Source code may not be redistributed un |
| less expressly provided for in this Agreement. |
| |
| 6. Termination for Infringement. Either party may termina |
| te this Agreement immediately should any Software become, o |
| r in either party's opinion be likely to become, the subjec |
| t of a claim of infringement of any intellectual property r |
| ight. |
| |
| For inquiries please contact: Sun Microsystems, Inc. 4150 N |
| etwork Circle, Santa Clara, California 95054. |