| ENTITLEMENT |
| for |
| SOFTWARE |
| |
| THIS ENTITLEMENT EVIDENCES YOUR LICENSE TO USE THE SUN |
| SOFTWARE SET FORTH BELOW UNDER THE TERMS OF THE SUN |
| MICROSYSTEMS, INC. SOFTWARE LICENSE AGREEMENT. |
| |
| Licensee/Company: Entity receiving Software. |
| |
| Effective Date: Date Sun delivers the Software to You. |
| |
| Software: J2ME Wireless Toolkit 2.2 Patch. |
| |
| Host Software: The software product described in the |
| Software's documentation for which the Software is |
| intended to be used. |
| |
| Permitted Use: The Permitted Use shall be the same as |
| the permitted use in Your Host Software's software |
| license agreement. Software may only be used in |
| conjunction with the Host Software. Use of the |
| Software on a stand-alone basis is not permitted under |
| this license. If You do not have a valid license to |
| use the Host Software, You have no license to use the |
| Software for any purpose. |
| |
| License Term: The License Term shall be the same as |
| the license term set forth in your Host Software's |
| software license agreement. |
| |
| Licensed Unit: The Licensed Unit shall be the same as |
| the licensed unit set forth in your Host Software's |
| software license agreement. |
| |
| Licensed Unit Count: The License Unit Count shall be |
| the same as the licensed unit count set forth in your |
| Host Software's software license agreement. |
| |
| |
| Sun Microsystems, Inc. ("Sun") |
| SOFTWARE LICENSE AGREEMENT |
| |
| READ THE TERMS OF THIS AGREEMENT ("AGREEMENT") |
| CAREFULLY BEFORE OPENING SOFTWARE MEDIA PACKAGE. BY |
| OPENING SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS |
| OF THIS AGREEMENT. IF YOU ARE ACCESSING 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 OF THE |
| TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR |
| PLACE OF PURCHASE FOR A REFUND OR, IF SOFTWARE IS |
| ACCESSED ELECTRONICALLY, SELECT THE "DECLINE" (OR |
| "EXIT") BUTTON AT THE END OF THIS AGREEMENT. IF YOU |
| HAVE SEPARATELY AGREED TO LICENSE TERMS ("MASTER |
| TERMS") FOR YOUR LICENSE TO THIS SOFTWARE, THEN |
| SECTIONS 1-5 OF THIS AGREEMENT ("SUPPLEMENTAL LICENSE |
| TERMS") SHALL SUPPLEMENT AND SUPERSEDE THE MASTER |
| TERMS IN RELATION TO THIS SOFTWARE. |
| |
| 1. Definitions. |
| |
| (a) "Entitlement" means the collective set of |
| applicable documents authorized by Sun evidencing your |
| obligation to pay associated fees (if any) for the |
| license, associated Services, and the authorized scope |
| of use of Software under this Agreement. |
| |
| (b) "Licensed Unit" means the unit of measure by |
| which your use of Software and/or Service is licensed, |
| as described in your Entitlement. |
| |
| (c) "Permitted Use" means the licensed Software |
| use(s) authorized in this Agreement as specified in |
| your Entitlement. The Permitted Use for any bundled |
| Sun software not specified in your Entitlement will be |
| evaluation use as provided in Section 3. |
| |
| (d) "Service" means the service(s) that Sun or its |
| delegate will provide, if any, as selected in your |
| Entitlement and as further described in the applicable |
| service listings at www.sun.com/service/servicelist. |
| |
| (e) "Software" means the Sun software described in |
| your Entitlement. Also, certain software may be |
| included for evaluation use under Section 3. |
| |
| (f) "You" and "Your" means the individual or legal |
| entity specified in the Entitlement, or for evaluation |
| purposes, the entity performing the evaluation. |
| |
| 2. License Grant and Entitlement. |
| |
| Subject to the terms of your Entitlement, Sun grants |
| you a nonexclusive, nontransferable limited license to |
| use Software for its Permitted Use for the license |
| term. Your Entitlement will specify (a) Software |
| licensed, (b) the Permitted Use, (c) the license term, |
| and (d) the Licensed Units. |
| |
| Additionally, if your Entitlement includes Services, |
| then it will also specify the (e) Service and (f) |
| service term. |
| |
| If your rights to Software or Services are limited in |
| duration and the date such rights begin is other than |
| the purchase date, your Entitlement will provide that |
| beginning date(s). |
| |
| The Entitlement may delivered to you in various ways |
| depending on the manner in which you obtain Software |
| and Services, for example, the Entitlement may be |
| provided in your receipt, invoice or your contract |
| with Sun or authorized Sun reseller. It may also be in |
| electronic format if you download Software. |
| |
| 3. Permitted Use. |
| |
| As selected in your Entitlement, one or more of the |
| following Permitted Uses will apply to your use of |
| Software. Unless you have an Entitlement that |
| expressly permits it, you may not use Software for any |
| of the other Permitted Uses. If you don't have an |
| Entitlement, or if your Entitlement doesn't cover |
| additional software delivered to you, then such |
| software is for your Evaluation Use. |
| |
| (a) Evaluation Use. You may evaluate Software |
| internally for a period of 90 days from your first |
| use. |
| |
| (b) Research and Instructional Use. You may use |
| Software internally to design, develop and test, and |
| also to provide instruction on such uses. |
| |
| (c) Individual Use. You may use Software internally |
| for personal, individual use. |
| |
| (d) Commercial Use. You may use Software internally |
| for your own commercial purposes. |
| |
| (e) Service Provider Use. You may make Software |
| functionality accessible (but not by providing |
| Software itself or through outsourcing services) to |
| your end users in an extranet deployment, but not to |
| your affiliated companies or to government agencies. |
| |
| 4. Licensed Units. |
| |
| Your Permitted Use is limited to the number of |
| Licensed Units stated in your Entitlement. If you |
| require additional Licensed Units, you will need |
| additional Entitlement(s). |
| |
| 5. Restrictions. |
| |
| (a) The copies of Software provided to you under this |
| Agreement are licensed, not sold, to you by Sun. Sun |
| reserves all rights not expressly granted. (b) You may |
| make a single archival copy of Software, but otherwise |
| may not copy, modify, or distribute Software. However |
| if the Sun documentation accompanying Software lists |
| specific portions of Software, such as header files, |
| class libraries, reference source code, and/or |
| redistributable files, that may be handled |
| differently, you may do so only as provided in the Sun |
| documentation. (c) You may not rent, lease, lend or |
| encumber Software. (d) Unless enforcement is |
| prohibited by applicable law, you may not decompile, |
| or reverse engineer Software. (e) The terms and |
| conditions of this Agreement will apply to any |
| Software updates, provided to you at Sun's discretion, |
| that replace and/or supplement the original Software, |
| unless such update contains a separate license. (f) |
| You may not publish or provide the results of any |
| benchmark or comparison tests run on Software to any |
| third party without the prior written consent of Sun. |
| (g) Software is confidential and copyrighted. (h) |
| Unless otherwise specified, if Software is delivered |
| with embedded or bundled software that enables |
| functionality of Software, you may not use such |
| software on a stand-alone basis or use any portion of |
| such software to interoperate with any program(s) |
| other than Software. (i) Software may contain programs |
| that perform automated collection of system data |
| and/or automated software updating services. System |
| data collected through such programs may be used by |
| Sun, its subcontractors, and its service delivery |
| partners for the purpose of providing you with remote |
| system services and/or improving Sun's software and |
| systems. (j) Software is not designed, licensed or |
| intended for use in the design, construction, |
| operation or maintenance of any nuclear facility and |
| Sun and its licensors disclaim any express or implied |
| warranty of fitness for such uses. (k) 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. |
| |
| 6. Term and Termination. |
| |
| The license and service term are set forth in your |
| Entitlement(s). Your rights under this Agreement will |
| terminate immediately without notice from Sun if you |
| materially breach it or take any action in derogation |
| of Sun's and/or its licensors' rights to Software. Sun |
| may terminate this Agreement should any Software |
| become, or in Sun's reasonable opinion likely to |
| become, the subject of a claim of intellectual |
| property infringement or trade secret |
| misappropriation. Upon termination, you will cease use |
| of, and destroy, Software and confirm compliance in |
| writing to Sun. Sections 1, 5, 6, 7, and 9-15 will |
| survive termination of the Agreement. |
| |
| 7. Java Compatibility and Open Source. |
| |
| Software may contain Java technology. You may not |
| create additional classes to, or modifications of, the |
| Java technology, except under compatibility |
| requirements available under a separate agreement |
| available at www.java.net. |
| |
| Sun supports and benefits from the global community of |
| open source developers, and thanks the community for |
| its important contributions and open standards-based |
| technology, which Sun has adopted into many of its |
| products. |
| |
| Please note that portions of Software may be provided |
| with notices and open source licenses from such |
| communities and third parties that govern the use of |
| those portions, and any licenses granted hereunder do |
| not alter any rights and obligations you may have |
| under such open source licenses, however, the |
| disclaimer of warranty and limitation of liability |
| provisions in this Agreement will apply to all |
| Software in this distribution. |
| |
| 8. Limited Warranty. |
| |
| Sun warrants to you that for a period of 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. |
| Some states do not allow limitations on certain |
| implied warranties, so the above may not apply to you. |
| This limited warranty gives you specific legal rights. |
| You may have others, which vary from state to state. |
| |
| 9. 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. |
| |
| 10. 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. Some states |
| do not allow the exclusion of incidental or |
| consequential damages, so some of the terms above may |
| not be applicable to you. |
| |
| 11. Export Regulations. |
| |
| All Software, documents, technical data, and any other |
| materials delivered under this Agreement are subject |
| to U.S. export control laws and may be subject to |
| export or import regulations in other countries. You |
| agree to comply strictly with these laws and |
| regulations and acknowledge that you have the |
| responsibility to obtain any licenses to export, |
| re-export, or import as may be required after delivery |
| to you. |
| |
| 12. 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). |
| |
| 13. 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. |
| |
| 14. 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. |
| |
| 15. Integration. |
| |
| This Agreement, including any terms contained in your |
| Entitlement, 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. |
| |
| Please contact Sun Microsystems, Inc. 4150 Network |
| Circle, Santa Clara, California 95054 if you have |
| questions. |