| Sun Microsystems, Inc. |
| Binary Code License Agreement |
| |
| 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. 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. |
| |
| 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. |
| |
| JAVA OPTIONAL PACKAGE |
| |
| JAVABEANS(TM) ACTIVATION FRAMEWORK, VERSION 1.0.2 |
| SUPPLEMENTAL 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(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"). |
| |
| 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) of |
| these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, |
| limited license to reproduce and distribute the Software in binary code 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. No Support. Sun is under no obligation to support the Software or to |
| provide you with updates or error corrections. You acknowledge that the |
| Software may have defects or deficiencies which cannot or will not be |
| corrected by Sun. |
| |
| 5. 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. |
| |
| 6. 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. |
| |
| 7. 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. 901 San Antonio Road, |
| Palo Alto, California 94303 |
| (LFI#115020/Form ID#011801) |