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| <P ALIGN=CENTER><FONT SIZE=4>Sun Microsystems, Inc.</FONT> <BR><FONT SIZE=4>Binary |
| Code License Agreement</FONT></P> |
| <P>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. |
| </P> |
| <P><B>1. LICENSE TO USE.</B> 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. |
| </P> |
| <P><B>2. RESTRICTIONS. </B> 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. You acknowledge that Software is not designed, |
| licensed or intended for use in the design, construction, operation |
| or maintenance of any nuclear facility. Sun 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. |
| </P> |
| <P><B>3. LIMITED WARRANTY.</B> 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. |
| </P> |
| <P><B>4. DISCLAIMER OF WARRANTY. </B> 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. |
| </P> |
| <P><B>5. LIMITATION OF LIABILITY.</B> 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. |
| </P> |
| <P><B>6. Termination.</B> 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. |
| </P> |
| <P><B>7. Export Regulations.</B> 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. |
| </P> |
| <P><B>8. U.S. Government Restricted Rights. </B> 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). |
| </P> |
| <P><B>9. Governing Law.</B> 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. |
| </P> |
| <P><B>10. Severability.</B> 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. |
| </P> |
| <P><B>11. Integration.</B> 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. |
| </P> |
| <P ALIGN=CENTER>JAVA(TM) INTERFACE CLASSES <BR><BR>JAVA API FOR XML |
| PROCESSING (JAXP), VERSION 1.1 <BR>SUPPLEMENTAL LICENSE TERMS</P> |
| <P>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. |
| </P> |
| <P><B>1. Software Internal Use and Development License Grant.</B> |
| Subject to the terms and conditions of this Agreement, including, but |
| not limited to Section 3 (Java(TM) 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"). |
| </P> |
| <P><B>2. License to Distribute Software.</B> 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, 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. |
| </P> |
| <P><B>3. Java Technology Restrictions.</B> 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.</P> |
| <P><B>4. Trademarks and Logos.</B> You acknowledge and agree as |
| between you and Sun that Sun owns the SUN, SOLARIS, JAVA, JINI, |
| FORTE, STAROFFICE, STARPORTAL and iPLANET trademarks and all SUN, |
| SOLARIS, JAVA, JINI, FORTE, STAROFFICE, STARPORTAL 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. |
| </P> |
| <P><B>5. Source Code. </B>Software may contain source code that is |
| provided for reference purposes pursuant to the terms of this |
| Agreement. Source code may not be redistributed unless expressly |
| provided for in this Agreement. <SPAN STYLE="font-weight: medium">Portions |
| of this download are governed by the Apache Source Code License and |
| are identified in the Readme file. A copy of the Apache License is |
| supplied with the Apache Source Code.</SPAN></P> |
| <P><B>6. Termination for Infringement. </B> 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. |
| </P> |
| <P>For inquiries please contact: Sun Microsystems, Inc. 901 San |
| Antonio Road, Palo Alto, California 94303 <BR><I><FONT SIZE=2>(Form |
| last modified 11-03-2000.)</FONT></I> |
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