| Binary Software License Agreement |
| |
| SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE SUN |
| JAVA DOCLET SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU |
| ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT |
| ("AGREEMENT"). PLEASE READ THE TERMS AND CONDITIONS OF THIS |
| AGREEMENT CAREFULLY. BY INSTALLING THIS SOFTWARE, YOU |
| ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU |
| ARE NOT WILLING TO BE BOUND BY ITS TERMS, SELECT THE |
| "DECLINE" BUTTON AT THE BOTTOM OF THIS PAGE AND THE |
| INSTALLATION PROCESS WILL NOT CONTINUE. |
| |
| 1.0 DEFINITIONS "Licensed Software" means the Sun Java |
| Doclet Software in binary form, 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 you |
| by Sun under this Agreement. |
| |
| 2.0 LIMITED LICENSE 2.1 Sun grants to you, a non-exclusive, |
| non-transferable, royalty-free and limited license to |
| reproduce, modify, and create derivative works of the |
| Licensed Software for the sole purpose of adding value and |
| improving the Licensed Software for the development of |
| applications ("Programs"). No license is granted to you for |
| any other purpose. 2.2 In addition to the license granted |
| in Section 2.1, Sun grants to you, a non-exclusive, |
| non-transferable, royalty-free and limited license to |
| distribute the Licensed Software modified by you as |
| permitted in Section 2.1 ("Modified Software") in source or |
| binary form, provided that; i) the Modified Software is only |
| distributed bundled as a part of your Programs, ii) the |
| Modified Software improves on and adds value to the Licensed |
| Software, and iii) the Programs are only distributed subject |
| to a license agreement that protects Sun's interests |
| consistent with the terms and conditions contained in this |
| Agreement. |
| |
| 3.0 LICENSE RESTRICTIONS 3.1 You agree to reproduce any |
| copyright and other proprietary right notices on any such |
| copy. 3.2 Except as otherwise provided by Section 2.0, you |
| 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. |
| |
| 4.0 NO SUPPORT Sun is under no obligation to support |
| Licensed Software or to provide you with updates or error |
| corrections (collectively "Software Updates"). If Sun at |
| its sole option, supplies Software Updates to you, the |
| Software Updates will be considered part of Licensed |
| Software, and subject to the terms of this Agreement. |
| |
| 5.0 TERM AND TERMINATION OF AGREEMENT 5.1 You may terminate |
| this Agreement at any time by destroying all copies of |
| Software. 5.2 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. 5.3 This |
| Agreement will terminate immediately without notice from Sun |
| if the you fail to comply with any provision of this |
| Agreement. 5.4 Upon termination or expiration of this |
| Agreement, you shall immediately cease use of and destroy |
| Licensed Software and any copies thereof. 5.5 Rights and |
| obligations under this Agreement which by their nature |
| should survive, will remain in effect after termination or |
| expiration hereof. |
| |
| 6.0 DISCLAIMER OF WARRANTY 6.1 Licensee acknowledges that |
| Licensed Software may contain errors and is not designed 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. You represent and warrant to Sun |
| that you will not use, distribute or license the Licensed |
| Software for High Risk Activities. 6.2 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. |
| |
| 7.0 LIMITATION OF LIABILITY 7.1 You acknowledge that the |
| Licensed Software is experimental. You acknowledge that the |
| Licensed Software may have defects or deficiencies which |
| cannot or will not be corrected by Sun. You will hold Sun |
| harmless from any claims based on your use or inability to |
| use the Licensed Software for any purpose, and from any |
| claims that later versions or releases of any Licensed |
| Software furnished to you are incompatible with the Licensed |
| Software provided to you under this Agreement. 7.2 You |
| shall have the sole responsibility to protect adequately and |
| backup your data and/or equipment used in connection with |
| the Licensed Software. You shall not claim against Sun for |
| lost data, re-run time, inaccurate output, work delays or |
| lost profits resulting from your use of the Licensed |
| Software. 7.3 Neither party will 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 that party has been previously |
| advised of the possibility of such damage. |
| |
| 8.0 U.S. GOVERNMENT 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. 227.7201 |
| through 227.7202-4 (for Department of Defense (DoD) |
| acquisitions) and with 48 C.F.R. 2.101 and 12.212 (for |
| non-DoD acquisitions). |
| |
| 9.0 GENERAL TERMS 9.1 Any action related to 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. 9.2 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. 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. 9.3 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. 9.4 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 during the term of this Agreement. No modification |
| to this Agreement will be binding, unless in writing and |
| signed by an authorized representative of each party. |
| |
| Copyright 2000 Sun Microsystems, All rights reserved. Form |
| ID# 120800 |