nbbuild/licenses/Northwoods

JGO 5.1 IN NETBEANS 6.0

Sun Microsystems, Inc. ("Sun") ENTITLEMENT for SOFTWARE

Licensee/Company: Entity receiving Software.

Effective Date:  Date Sun delivers the Software to You.

Software: JGo 5.1

License Term:  Perpetual (subject to termination under the SLA).

Licensed Unit: Software Copy.

Licensed unit Count: Unlimited.

Permitted Uses: You may reproduce and use the Software for Individual,
Commercial, Research and Instructional and Service Provider Use, subject
to and conditioned on Your compliance with the Additional Terms below.

Additional Terms:

1. Software includes only the versions of the above products that are
made initially available to You.

2. Notwithstanding anything to the contrary in any Master Terms between
the parties or in the SLA, Master Terms do not apply to Software under
this Agreement.

3. You may only use the Software in binary form and only in conjunction
with NetBeans.

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 1-6 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 be 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.


LICENSE #3


Pre-Release Software Evaluation Agreement

SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE SUN JAVA
APPLICATION SERVER 9.1 BETA PRE-RELEASE SOFTWARE TO LICENSEE ONLY
UPON THE CONDITION THAT LICENSEE ACCEPTS ALL OF THE TERMS CONTAINED
IN THIS LICENSE AGREEMENT ("AGREEMENT"). PLEASE READ THE TERMS AND
CONDITIONS OF THIS AGREEMENT CAREFULLY. BY DOWNLOADING OR INSTALLING
THIS SOFTWARE, LICENSEE ACCEPTS THE TERMS AND CONDITIONS OF THIS LICENSE
AGREEMENT. INDICATE ACCEPTANCE BY SELECTING THE "ACCEPT" BUTTON AT THE
BOTTOM OF THIS AGREEMENT. IF LICENSEE IS NOT WILLING TO BE BOUND BY ALL
THE TERMS, SELECT THE "DECLINE" BUTTON AT THE BOTTOM OF THE AGREEMENT
AND THE DOWNLOAD OR INSTALL PROCESS WILL NOT CONTINUE.

1.0 DEFINITIONS

"Licensed Software" means the Sun Java Application Server 9.1 pre-release
software in binary and/or source code forms, any other machine readable
materials (including, but not limited to, libraries, source files,
header files, and data files) and any user manuals, programming guides
and other documentation provided to Licensee by Sun under this Agreement.

2.0 LIMITED LICENSE

2.1 Source Code. Sun grants to Licensee, a non-exclusive,
non-transferable, royalty-free and limited license to view the source
code portions of the Licensed Software internally for the purposes of
evaluation only.

2.2 Binary Code. Sun grants to Licensee, a non-exclusive,
non-transferable, royalty-free and limited license to use the binary
code portions of the Licensed Software internally for the purposes of
evaluation only.

2.3 No licenses are granted to Licensee for any other purposes, Licensee
may not sell, rent, loan or otherwise encumber or transfer Licensed
Software in whole or in part, to any third party.

3.0 LICENSE RESTRICTIONS

3.1 Licensee may not duplicate Licensed Software other than for a single
copy of Licensed Software for archival purposes only. Licensee agrees
to reproduce any copyright and other proprietary right notices on any
such copy.

3.2 Except as otherwise provided by law, Licensee may not modify or
create derivative works of the Licensed Software, or reverse engineer,
disassemble or decompile binary portions of the Licensed Software,
or otherwise attempt to derive the source code from such portions.

3.3 No right, title, or interest in or to Licensed Software, any
trademarks, service marks, or trade names of Sun or Sun's licensors is
granted under this Agreement.

3.4 Licensee shall have no right to use the Licensed Software for
productive or commercial use.

4.0 NO SUPPORT

Sun is under no obligation to support Licensed Software or to provide
Licensee with updates or error corrections (collectively "Software
Updates"). If Sun, at its sole option, supplies Software Updates to
Licensee, the Software Updates will be considered part of Licensed
Software, and subject to the terms of this Agreement.

5.0 LICENSEE DUTIES

Licensee agrees to evaluate and test the Software for use in Licensee's
software environment and provide feedback to Sun in a manner reasonably
requested by Sun. Any and all test results, error data, reports or other
information, feedback or materials made or provided by Licensee relating
to Software (collectively, "Feedback") are the exclusive property of Sun
and Licensee hereby assigns all Feedback to Sun at no cost to Sun. Sun may
use such Feedback in any manner and for any purpose, without limitation,
liability or obligation to Licensee.

6.0 TERM AND TERMINATION OF AGREEMENT

6.1 This Agreement will commence on the date on which Licensee receives
Licensed Software (the "Effective Date") and will expire ninety (90) days
from the Effective Date, unless terminated earlier as provided herein.

6.2 Either party may terminate this Agreement upon ten (10) days' written
notice to the other party. However, Sun may terminate this Agreement
immediately should any Licensed Software become, or in Sun's opinion be
likely to become, the subject of a claim of infringement of a patent,
trade secret or copyright.

6.3 Sun may terminate this Agreement immediately should Licensee
materially breach any of its provisions or take any action in derogation
of Sun's rights to the Confidential Information licensed to Licensee.

6.4 Upon termination or expiration of this Agreement, Licensee will
immediately cease use of and destroy Licensed Software, any copies
thereof and provide to Sun a written statement certifying that Licensee
has complied with the foregoing obligations.

6.5 Rights and obligations under this Agreement which by their nature
should survive, will remain in effect after termination or expiration
hereof.

7.0 CONFIDENTIAL INFORMATION

7.1 For purposes of this Agreement, "Confidential Information" means:
(i) business and technical information and any source code or binary
code, which Sun discloses to Licensee related to Licensed Software; (ii)
Licensee's feedback based on Licensed Software; and (iii) the terms,
conditions, and existence of this Agreement. Licensee may not disclose
or use Confidential Information, except for the purposes specified in
this Agreement. Licensee will protect the Confidential Information with
the same degree of care, but not less than a reasonable degree of care,
as Licensee uses to protect its own Confidential Information. Licensee's
obligations regarding Confidential Information will expire no less than
five (5) years from the date of receipt of the Confidential Information,
except for Sun source code which will be protected in perpetuity.
Licensee agrees that Licensed Software contains Sun trade secrets.

7.2 Notwithstanding any provisions contained in this Agreement
concerning nondisclosure and non-use of the Confidential Information,
the nondisclosure obligations of Section 7.1 will not apply to any portion
of Confidential Information that Licensee can demonstrate in writing is:
(i) now, or hereafter through no act or failure to act on the part of
Licensee becomes, generally known to the general public; (ii) known to
Licensee at the time of receiving the Confidential Information without
an obligation of confidentiality; (iii) hereafter rightfully furnished
to Licensee by a third party without restriction on disclosure; or (iv)
independently developed by Licensee without any use of the Confidential
Information.

7.3 Licensee must restrict access to Confidential Information to its
employees or contractors with a need for this access to perform their
employment or contractual obligations and who have agreed in writing
to be bound by a confidentiality obligation, which incorporates the
protections and restrictions substantially as set forth in this Agreement.

8.0 DISCLAIMER OF WARRANTY

8.1 Licensee acknowledges that Licensed Software may contain errors
and is not designed, licensed, or intended for use in the design,
construction, operation or maintenance of any nuclear facility ("High Risk
Activities"). Sun disclaims any express or implied warranty of fitness
for such uses. Licensee represents and warrants to Sun that it will not
use, distribute or license the Licensed Software for High Risk Activities.

8.2 LICENSED SOFTWARE IS PROVIDED "AS IS". ALL EXPRESS OR IMPLIED
CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING ANY IMPLIED
WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE
EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

9.0 LIMITATION OF LIABILITY

9.1 Licensee acknowledges that the Licensed Software may be experimental
and that the Licensed Software may have defects or deficiencies, which
cannot or will not be corrected by Sun. Licensee will hold Sun harmless
from any claims based on Licensee's use of the Licensed Software for any
purposes other than those of internal evaluation, and from any claims
that later versions or releases of any Licensed Software furnished to
Licensee are incompatible with the Licensed Software provided to Licensee
under this Agreement.

9.2 To the extent not prohibited by law, in no event will Sun be liable
for any indirect, punitive, special, incidental or consequential damage
in connection with or arising out of this Agreement (including loss
of business, revenue, profits, use, data or other economic advantage),
however it arises, whether for breach or in tort, even if Sun has been
previously advised of the possibility of such damage.

10.0 U.S. GOVERNMENT RESTRICTED RIGHTS

If this 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 the Software and accompanying
documentation shall be only as set forth in this license; this is
in accordance with 48 C.F.R. 227.7202-4 (for Department of Defense
(DOD) acquisitions) and with 48 C.F.R. 2.101 and 12.212 (for non-DOD
acquisitions).

11.0 GENERAL TERMS

11.1 Any action relating to or arising out of this Agreement will be
governed by California law and controlling U.S. federal law. The U.N.
Convention for the International Sale of Goods and the choice of law
rules of any jurisdiction will not apply.

11.2 Licensed Software and technical data delivered under this Agreement
are subject to U.S. export control laws and may be subject to export
or import regulations in other countries. Licensee agrees to comply
strictly with all such laws and regulations and acknowledges that it
has the responsibility to obtain such licenses to export, re-export or
import as may be required after delivery to Licensee.

11.3 It is understood and agreed that, notwithstanding any other provision
of this Agreement, Licensee's breach of the provisions of Section 7 of
this Agreement will cause Sun irreparable damage for which recovery
of money damages would be inadequate, and that Sun will therefore be
entitled to seek timely injunctive relief to protect Sun's rights under
this Agreement in addition to any and all remedies available at law.

11.4 Neither party may assign or otherwise transfer any of its rights
or obligations under this Agreement, without the prior written consent
of the other party, except that Sun may assign this Agreement to an
affiliated company.

11.5 This Agreement is the parties' entire agreement relating to its
subject matter. It supersedes all prior or contemporaneous oral or written
communications, proposals, conditions, 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, including any Binary Code Licenses, Supplemental Terms,
or other licenses contained within Licensed Software. No modification
to this Agreement will be binding, unless in writing and signed by an
authorized representative of each party.



Pre-Release Software Evaluation Agreement

SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE SUN JAVA SYSTEM
OPEN ESB 2.0 PRE-RELEASE SOFTWARE TO LICENSEE ONLY UPON THE CONDITION THAT
LICENSEE ACCEPTS ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT
("AGREEMENT"). PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT
CAREFULLY. BY DOWNLOADING OR INSTALLING THIS SOFTWARE, LICENSEE ACCEPTS
THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. INDICATE ACCEPTANCE
BY SELECTING THE "ACCEPT" BUTTON AT THE BOTTOM OF THIS AGREEMENT. IF
LICENSEE IS NOT WILLING TO BE BOUND BY ALL THE TERMS, SELECT THE "DECLINE"
BUTTON AT THE BOTTOM OF THE AGREEMENT AND THE DOWNLOAD OR INSTALL PROCESS
WILL NOT CONTINUE.

1.0 DEFINITIONS

"Licensed Software" means the Sun Java System Open ESB 2.0 pre-release
software in binary and/or source code forms, any other machine readable
materials (including, but not limited to, libraries, source files,
header files, and data files) and any user manuals, programming guides
and other documentation provided to Licensee by Sun under this Agreement.

2.0 LIMITED LICENSE

2.1 Source Code. Sun grants to Licensee, a non-exclusive,
non-transferable, royalty-free and limited license to view the source
code portions of the Licensed Software internally for the purposes of
evaluation only.

2.2 Binary Code. Sun grants to Licensee, a non-exclusive,
non-transferable, royalty-free and limited license to use the binary
code portions of the Licensed Software internally for the purposes of
evaluation only.

2.3 No licenses are granted to Licensee for any other purposes, Licensee
may not sell, rent, loan or otherwise encumber or transfer Licensed
Software in whole or in part, to any third party.

3.0 LICENSE RESTRICTIONS

3.1 Licensee may not duplicate Licensed Software other than for a single
copy of Licensed Software for archival purposes only. Licensee agrees
to reproduce any copyright and other proprietary right notices on any
such copy.

3.2 Except as otherwise provided by law, Licensee may not modify or
create derivative works of the Licensed Software, or reverse engineer,
disassemble or decompile binary portions of the Licensed Software,
or otherwise attempt to derive the source code from such portions.

3.3 No right, title, or interest in or to Licensed Software, any
trademarks, service marks, or trade names of Sun or Sun's licensors is
granted under this Agreement.

3.4 Licensee shall have no right to use the Licensed Software for
productive or commercial use.

4.0 NO SUPPORT

Sun is under no obligation to support Licensed Software or to provide
Licensee with updates or error corrections (collectively "Software
Updates"). If Sun, at its sole option, supplies Software Updates to
Licensee, the Software Updates will be considered part of Licensed
Software, and subject to the terms of this Agreement.

5.0 LICENSEE DUTIES

Licensee agrees to evaluate and test the Software for use in Licensee's
software environment and provide feedback to Sun in a manner reasonably
requested by Sun. Any and all test results, error data, reports or other
information, feedback or materials made or provided by Licensee relating
to Software (collectively, "Feedback") are the exclusive property of Sun
and Licensee hereby assigns all Feedback to Sun at no cost to Sun. Sun may
use such Feedback in any manner and for any purpose, without limitation,
liability or obligation to Licensee.

6.0 TERM AND TERMINATION OF AGREEMENT

6.1 This Agreement will commence on the date on which Licensee receives
Licensed Software (the "Effective Date") and will expire ninety (90) days
from the Effective Date, unless terminated earlier as provided herein.

6.2 Either party may terminate this Agreement upon ten (10) days' written
notice to the other party. However, Sun may terminate this Agreement
immediately should any Licensed Software become, or in Sun's opinion be
likely to become, the subject of a claim of infringement of a patent,
trade secret or copyright.

6.3 Sun may terminate this Agreement immediately should Licensee
materially breach any of its provisions or take any action in derogation
of Sun's rights to the Confidential Information licensed to Licensee.

6.4 Upon termination or expiration of this Agreement, Licensee will
immediately cease use of and destroy Licensed Software, any copies
thereof and provide to Sun a written statement certifying that Licensee
has complied with the foregoing obligations.

6.5 Rights and obligations under this Agreement which by their nature
should survive, will remain in effect after termination or expiration
hereof.

7.0 CONFIDENTIAL INFORMATION

7.1 For purposes of this Agreement, "Confidential Information" means:
(i) business and technical information and any source code or binary
code, which Sun discloses to Licensee related to Licensed Software; (ii)
Licensee's feedback based on Licensed Software; and (iii) the terms,
conditions, and existence of this Agreement. Licensee may not disclose
or use Confidential Information, except for the purposes specified in
this Agreement. Licensee will protect the Confidential Information with
the same degree of care, but not less than a reasonable degree of care,
as Licensee uses to protect its own Confidential Information. Licensee's
obligations regarding Confidential Information will expire no less than
five (5) years from the date of receipt of the Confidential Information,
except for Sun source code which will be protected in perpetuity.
Licensee agrees that Licensed Software contains Sun trade secrets.

7.2 Notwithstanding any provisions contained in this Agreement
concerning nondisclosure and non-use of the Confidential Information,
the nondisclosure obligations of Section 7.1 will not apply to any portion
of Confidential Information that Licensee can demonstrate in writing is:
(i) now, or hereafter through no act or failure to act on the part of
Licensee becomes, generally known to the general public; (ii) known to
Licensee at the time of receiving the Confidential Information without
an obligation of confidentiality; (iii) hereafter rightfully furnished
to Licensee by a third party without restriction on disclosure; or (iv)
independently developed by Licensee without any use of the Confidential
Information.

7.3 Licensee must restrict access to Confidential Information to its
employees or contractors with a need for this access to perform their
employment or contractual obligations and who have agreed in writing
to be bound by a confidentiality obligation, which incorporates the
protections and restrictions substantially as set forth in this Agreement.

8.0 DISCLAIMER OF WARRANTY

8.1 Licensee acknowledges that Licensed Software may contain errors
and is not designed, licensed, or intended for use in the design,
construction, operation or maintenance of any nuclear facility ("High Risk
Activities"). Sun disclaims any express or implied warranty of fitness
for such uses. Licensee represents and warrants to Sun that it will not
use, distribute or license the Licensed Software for High Risk Activities.

8.2 LICENSED SOFTWARE IS PROVIDED "AS IS". ALL EXPRESS OR IMPLIED
CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING ANY IMPLIED
WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE
EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

9.0 LIMITATION OF LIABILITY

9.1 Licensee acknowledges that the Licensed Software may be experimental
and that the Licensed Software may have defects or deficiencies, which
cannot or will not be corrected by Sun. Licensee will hold Sun harmless
from any claims based on Licensee's use of the Licensed Software for any
purposes other than those of internal evaluation, and from any claims
that later versions or releases of any Licensed Software furnished to
Licensee are incompatible with the Licensed Software provided to Licensee
under this Agreement.

9.2 To the extent not prohibited by law, in no event will Sun be liable
for any indirect, punitive, special, incidental or consequential damage
in connection with or arising out of this Agreement (including loss
of business, revenue, profits, use, data or other economic advantage),
however it arises, whether for breach or in tort, even if Sun has been
previously advised of the possibility of such damage.

10.0 U.S. GOVERNMENT RESTRICTED RIGHTS

If this 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 the Software and accompanying
documentation shall be only as set forth in this license; this is
in accordance with 48 C.F.R. 227.7202-4 (for Department of Defense
(DOD) acquisitions) and with 48 C.F.R. 2.101 and 12.212 (for non-DOD
acquisitions).

11.0 GENERAL TERMS

11.1 Any action relating to or arising out of this Agreement will be
governed by California law and controlling U.S. federal law. The U.N.
Convention for the International Sale of Goods and the choice of law
rules of any jurisdiction will not apply.

11.2 Licensed Software and technical data delivered under this Agreement
are subject to U.S. export control laws and may be subject to export
or import regulations in other countries. Licensee agrees to comply
strictly with all such laws and regulations and acknowledges that it
has the responsibility to obtain such licenses to export, re-export or
import as may be required after delivery to Licensee.

11.3 It is understood and agreed that, notwithstanding any other provision
of this Agreement, Licensee's breach of the provisions of Section 7 of
this Agreement will cause Sun irreparable damage for which recovery
of money damages would be inadequate, and that Sun will therefore be
entitled to seek timely injunctive relief to protect Sun's rights under
this Agreement in addition to any and all remedies available at law.

11.4 Neither party may assign or otherwise transfer any of its rights
or obligations under this Agreement, without the prior written consent
of the other party, except that Sun may assign this Agreement to an
affiliated company.

11.5 This Agreement is the parties' entire agreement relating to its
subject matter. It supersedes all prior or contemporaneous oral or written
communications, proposals, conditions, 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, including any Binary Code Licenses, Supplemental Terms,
or other licenses contained within Licensed Software. No modification
to this Agreement will be binding, unless in writing and signed by an
authorized representative of each party.