| Sun Microsystems, Inc. |
| Binary Code License Agreement |
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| |
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| 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 TRANSACTION API (JTA), VERSION 1.0.1B, MAINTENANCE |
| RELEASESUPPLEMENTAL 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 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 binary form of the Software, complete and unmodified, for the |
| sole purpose of designing, developing and testing your Java applets and |
| applications ("Programs"). 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 in binary form only, 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. 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. 6. 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#121049/Form ID#011801) |