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1 Sun Microsystems, Inc.
2 Binary Code License Agreement
3
4
5
6 READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE TERMS
7 (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA PACKAGE.
8 BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT.
9 IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF
10 THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF
11 YOU DO NOT AGREE TO ALL THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR
12 PLACE OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED ELECTRONICALLY,
13 SELECT THE "DECLINE" BUTTON AT THE END OF THIS AGREEMENT. 1. LICENSE TO USE.
14 Sun grants you a non-exclusive and non-transferable license for the internal use
15 only of the accompanying software and documentation and any error corrections
16 provided by Sun (collectively "Software"), by the number of users and the class
17 of computer hardware for which the corresponding fee has been paid. 2.
18 RESTRICTIONS. Software is confidential and copyrighted. Title to Software and
19 all associated intellectual property rights is retained by Sun and/or its
20 licensors. Except as specifically authorized in any Supplemental License Terms,
21 you may not make copies of Software, other than a single copy of Software for
22 archival purposes. Unless enforcement is prohibited by applicable law, you may
23 not modify, decompile, or reverse engineer Software. Licensee acknowledges that
24 Licensed Software is not designed or intended for use in the design,
25 construction, operation or maintenance of any nuclear facility. Sun
26 Microsystems, Inc. disclaims any express or implied warranty of fitness for such
27 uses. No right, title or interest in or to any trademark, service mark, logo
28 or trade name of Sun or its licensors is granted under this Agreement. 3.
29 LIMITED WARRANTY. Sun warrants to you that for a period of ninety (90) days
30 from the date of purchase, as evidenced by a copy of the receipt, the media on
31 which Software is furnished (if any) will be free of defects in materials and
32 workmanship under normal use. Except for the foregoing, Software is provided
33 "AS IS". Your exclusive remedy and Sun's entire liability under this limited
34 warranty will be at Sun's option to replace Software media or refund the fee
35 paid for Software. 4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS
36 AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES,
37 INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
38 PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE
39 DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. 5. LIMITATION OF LIABILITY. TO THE
40 EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE
41 FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL,
42 INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF
43 LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE,
44 EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event
45 will Sun's liability to you, whether in contract, tort (including negligence),
46 or otherwise, exceed the amount paid by you for Software under this Agreement.
47 The foregoing limitations will apply even if the above stated warranty fails of
48 its essential purpose. 6. Termination. This Agreement is effective until
49 terminated. You may terminate this Agreement at any time by destroying all
50 copies of Software. This Agreement will terminate immediately without notice
51 from Sun if you fail to comply with any provision of this Agreement. Upon
52 Termination, you must destroy all copies of Software. 7. Export Regulations. All
53 Software and technical data delivered under this Agreement are subject to US
54 export control laws and may be subject to export or import regulations in other
55 countries. You agree to comply strictly with all such laws and regulations and
56 acknowledge that you have the responsibility to obtain such licenses to export,
57 re-export, or import as may be required after delivery to you. 8. U.S.
58 Government Restricted Rights. If Software is being acquired by or on behalf of
59 the U.S. Government or by a U.S. Government prime contractor or subcontractor
60 (at any tier), then the Government's rights in Software and accompanying
61 documentation will be only as set forth in this Agreement; this is in accordance
62 with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD)
63 acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions). 9.
64 Governing Law. Any action related to this Agreement will be governed by
65 California law and controlling U.S. federal law. No choice of law rules of any
66 jurisdiction will apply. 10. Severability. If any provision of this Agreement
67 is held to be unenforceable, this Agreement will remain in effect with the
68 provision omitted, unless omission would frustrate the intent of the parties, in
69 which case this Agreement will immediately terminate. 11. Integration. This
70 Agreement is the entire agreement between you and Sun relating to its subject
71 matter. It supersedes all prior or contemporaneous oral or written
72 communications, proposals, representations and warranties and prevails over any
73 conflicting or additional terms of any quote, order, acknowledgment, or other
74 communication between the parties relating to its subject matter during the term
75 of this Agreement. No modification of this Agreement will be binding, unless in
76 writing and signed by an authorized representative of each party. JAVATM
77 INTERFACE CLASSES JAVA TRANSACTION API (JTA), VERSION 1.0.1B, MAINTENANCE
78 RELEASESUPPLEMENTAL LICENSE TERMS These supplemental license terms
79 ("Supplemental Terms") add to or modify the terms of the Binary Code License
80 Agreement (collectively, the "Agreement"). Capitalized terms not defined in
81 these Supplemental Terms shall have the same meanings ascribed to them in the
82 Agreement. These Supplemental Terms shall supersede any inconsistent or
83 conflicting terms in the Agreement, or in any license contained within the
84 Software. 1. Software Internal Use and Development License Grant. Subject to the
85 terms and conditions of this Agreement, including, but not limited to Section 3
86 (Java Technology Restrictions) of these Supplemental Terms, Sun grants you a
87 non-exclusive, non-transferable, limited license to reproduce internally and use
88 internally the binary form of the Software, complete and unmodified, for the
89 sole purpose of designing, developing and testing your Java applets and
90 applications ("Programs"). 2. License to Distribute Software. In addition to
91 the license granted in Section 1 (Software Internal Use and Development License
92 Grant) of these Supplemental Terms, subject to the terms and conditions of this
93 Agreement, including but not limited to Section 3 (Java Technology
94 Restrictions), Sun grants you a non-exclusive, non-transferable, limited license
95 to reproduce and distribute the Software in binary form only, provided that you
96 (i) distribute the Software complete and unmodified and only bundled as part of
97 your Programs, (ii) do not distribute additional software intended to replace
98 any component(s) of the Software, (iii) do not remove or alter any proprietary
99 legends or notices contained in the Software, (iv) only distribute the Software
100 subject to a license agreement that protects Sun's interests consistent with the
101 terms contained in this Agreement, and (v) agree to defend and indemnify Sun and
102 its licensors from and against any damages, costs, liabilities, settlement
103 amounts and/or expenses (including attorneys' fees) incurred in connection with
104 any claim, lawsuit or action by any third party that arises or results from the
105 use or distribution of any and all Programs and/or Software. 3. Java Technology
106 Restrictions. You may not modify the Java Platform Interface ("JPI", identified
107 as classes contained within the "java" package or any subpackages of the "java"
108 package), by creating additional classes within the JPI or otherwise causing the
109 addition to or modification of the classes in the JPI. In the event that you
110 create an additional class and associated API(s) which (i) extends the
111 functionality of the Java Platform, and (ii) is exposed to third party software
112 developers for the purpose of developing additional software which invokes such
113 additional API, you must promptly publish broadly an accurate specification for
114 such API for free use by all developers. You may not create, or authorize your
115 licensees to create additional classes, interfaces, or subpackages that are in
116 any way identified as "java", "javax", "sun" or similar convention as specified
117 by Sun in any naming convention designation. 4. Trademarks and Logos. You
118 acknowledge and agree as between you and Sun that Sun owns the SUN, SOLARIS,
119 JAVA, JINI, FORTE, and iPLANET trademarks and all SUN, SOLARIS, JAVA, JINI,
120 FORTE, and iPLANET-related trademarks, service marks, logos and other brand
121 designations ("Sun Marks"), and you agree to comply with the Sun Trademark and
122 Logo Usage Requirements currently located at
123 http://www.sun.com/policies/trademarks. Any use you make of the Sun Marks inures
124 to Sun's benefit. 5. Source Code. Software may contain source code that is
125 provided solely for reference purposes pursuant to the terms of this Agreement.
126 Source code may not be redistributed unless expressly provided for in this
127 Agreement. 6. Termination for Infringement. Either party may terminate this
128 Agreement immediately should any Software become, or in either party's opinion
129 be likely to become, the subject of a claim of infringement of any intellectual
130 property right. For inquiries please contact: Sun Microsystems, Inc. 4150
131 Network Circle, Santa Clara, California 95054. (LFI#121049/Form ID#011801)

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