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1 Sun Microsystems, Inc.
2 Binary Code License Agreement
3
4 READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED
5 SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT")
6 CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA PACKAGE. BY
7 OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS
8 OF THIS AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE
9 ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY
10 SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS
11 AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE TERMS,
12 PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF
13 PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED
14 ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF
15 THIS AGREEMENT.
16
17 1. LICENSE TO USE. Sun grants you a non-exclusive and
18 non-transferable license for the internal use only of the
19 accompanying software and documentation and any error
20 corrections provided by Sun (collectively "Software"), by
21 the number of users and the class of computer hardware for
22 which the corresponding fee has been paid.
23
24 2. RESTRICTIONS. Software is confidential and
25 copyrighted. Title to Software and all associated
26 intellectual property rights is retained by Sun and/or its
27 licensors. Except as specifically authorized in any
28 Supplemental License Terms, you may not make copies of
29 Software, other than a single copy of Software for archival
30 purposes. Unless enforcement is prohibited by applicable
31 law, you may not modify, decompile, or reverse engineer
32 Software. You acknowledge that Software is not designed,
33 licensed or intended for use in the design, construction,
34 operation or maintenance of any nuclear facility. Sun
35 disclaims any express or implied warranty of fitness for
36 such uses. No right, title or interest in or to any
37 trademark, service mark, logo or trade name of Sun or its
38 licensors is granted under this Agreement.
39
40 3. LIMITED WARRANTY. Sun warrants to you that for a period
41 of ninety (90) days from the date of purchase, as evidenced
42 by a copy of the receipt, the media on which Software is
43 furnished (if any) will be free of defects in materials and
44 workmanship under normal use. Except for the foregoing,
45 Software is provided "AS IS". Your exclusive remedy and
46 Sun's entire liability under this limited warranty will be
47 at Sun's option to replace Software media or refund the fee
48 paid for Software.
49
50 4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS
51 AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,
52 REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED
53 WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
54 PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE
55 EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY
56 INVALID.
57
58 5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED
59 BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR
60 ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT,
61 CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER
62 CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT
63 OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE,
64 EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
65 DAMAGES. In no event will Sun's liability to you, whether
66 in contract, tort (including negligence), or otherwise,
67 exceed the amount paid by you for Software under this
68 Agreement. The foregoing limitations will apply even if
69 the above stated warranty fails of its essential purpose.
70
71 6. Termination. This Agreement is effective until
72 terminated. You may terminate this Agreement at any time
73 by destroying all copies of Software. This Agreement will
74 terminate immediately without notice from Sun if you fail
75 to comply with any provision of this Agreement. Upon
76 Termination, you must destroy all copies of Software.
77
78 7. Export Regulations. All Software and technical data
79 delivered under this Agreement are subject to US export
80 control laws and may be subject to export or import
81 regulations in other countries. You agree to comply
82 strictly with all such laws and regulations and acknowledge
83 that you have the responsibility to obtain such licenses to
84 export, re-export, or import as may be required after
85 delivery to you.
86
87 8. U.S. Government Restricted Rights. If Software is
88 being acquired by or on behalf of the U.S. Government or by
89 a U.S. Government prime contractor or subcontractor (at any
90 tier), then the Government's rights in Software and
91 accompanying documentation will be only as set forth in
92 this Agreement; this is in accordance with 48 CFR 227.7201
93 through 227.7202-4 (for Department of Defense (DOD)
94 acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD
95 acquisitions).
96
97 9. Governing Law. Any action related to this Agreement
98 will be governed by California law and controlling U.S.
99 federal law. No choice of law rules of any jurisdiction
100 will apply.
101
102 10. Severability. If any provision of this Agreement is
103 held to be unenforceable, this Agreement will remain in
104 effect with the provision omitted, unless omission would
105 frustrate the intent of the parties, in which case this
106 Agreement will immediately terminate.
107
108 11. Integration. This Agreement is the entire agreement
109 between you and Sun relating to its subject matter. It
110 supersedes all prior or contemporaneous oral or written
111 communications, proposals, representations and warranties
112 and prevails over any conflicting or additional terms of
113 any quote, order, acknowledgment, or other communication
114 between the parties relating to its subject matter during
115 the term of this Agreement. No modification of this
116 Agreement will be binding, unless in writing and signed by
117 an authorized representative of each party.
118
119 Java(TM) 2, Enterprise Edition (J2EE),
120 Version 1.3.x, Reference Implementation
121 SUPPLEMENTAL LICENSE TERMS
122
123 These supplemental license terms ("Supplemental Terms") add
124 to or modify the terms of the Binary Code License Agreement
125 (collectively, the "Agreement"). Capitalized terms not
126 defined in these Supplemental Terms shall have the same
127 meanings ascribed to them in the Agreement. These
128 Supplemental Terms shall supersede any inconsistent or
129 conflicting terms in the Agreement, or in any license
130 contained within the Software.
131
132 1. Software Internal Use and Development License Grant.
133 Subject to the terms and conditions of this Agreement,
134 including, but not limited to, Section 4 (Java Technology
135 Restrictions) of these Supplemental Terms, Sun grants you a
136 non-exclusive, non-transferable, limited license to
137 reproduce internally and use internally the binary form of
138 the Software, complete and unmodified, for the sole purpose
139 of designing, developing and testing your Java applets and
140 applications ("Programs"), provided that you do not
141 redistribute the Software in whole or in part, either
142 separately or included with any Programs.
143
144 2. Java Technology Restrictions. You may not modify the
145 Java Platform Interface ("JPI", identified as classes
146 contained within the "java" package or any subpackages of
147 the "java" package), by creating additional classes within
148 the JPI or otherwise causing the addition to or
149 modification of the classes in the JPI. In the event that
150 you create an additional class and associated API(s) which
151 (i) extends the functionality of the Java Platform, and
152 (ii) is exposed to third party software developers for the
153 purpose of developing additional software which invokes
154 such additional API, you must promptly publish broadly an
155 accurate specification for such API for free use by all
156 developers. You may not create, or authorize your licensees
157 to create additional classes, interfaces, or subpackages
158 that are in any way identified as "java", "javax", "sun" or
159 similar convention as specified by Sun in any naming
160 convention designation.
161
162 3. Verifier Restrictions. The Software contains application
163 testing software components ("Verifier") for your
164 convenience. However, you may not use the Sun tagline
165 "J2EE(TM) Verified" or similar phrase designated by Sun to
166 indicate a Program's satisfaction of the J2EE Application
167 Verification Criteria ("Verification Tagline") based on the
168 use of the Software or Verifier under this Agreement. To
169 obtain the right to use a Verification Tagline, you must
170 license the J2EE Application Verification Kit from Sun, pay
171 applicable fees, and execute a separate trademark license
172 for the Verification Tagline.
173
174 4. Java Runtime Availability. Refer to the appropriate
175 version of the Java Runtime Environment binary code license
176 (currently located at
177 http://www.java.sun.com/jdk/index.html) for the
178 availability of runtime code which may be distributed with
179 Programs.
180
181 5. Trademarks and Logos. You acknowledge and agree as
182 between you and Sun that Sun owns the SUN, SOLARIS, JAVA,
183 JINI, FORTE, and iPLANET trademarks and all SUN, SOLARIS,
184 JAVA, JINI, FORTE, and iPLANET-related trademarks, service
185 marks, logos and other brand designations ("Sun Marks"),
186 and you agree to comply with the Sun Trademark and Logo
187 Usage Requirements currently located at
188 http://www.sun.com/policies/trademarks. Any use you make of
189 the Sun Marks inures to Sun's benefit.
190
191 6. Source Code. Software may contain source code that is
192 provided solely for reference purposes pursuant to the
193 terms of this Agreement. Source code may not be
194 redistributed unless expressly provided for in this
195 Agreement.
196
197 7. Termination for Infringement. Either party may
198 terminate this Agreement immediately should any Software
199 become, or in either party's opinion be likely to become,
200 the subject of a claim of infringement of any intellectual
201 property right.
202
203 For inquiries please contact: Sun Microsystems, Inc. 901
204 San Antonio Road, Palo Alto, California 94303
205 (LFI#109549/Form ID#011801)

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