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 THE SE 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-exc lusive 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 auth orized 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< br>Software. Licensee acknowledges that Licensed Software is
not designed or intended for use in the design,
construction, operation or maintenance of any nuclear
facility. Sun Microsystems, Inc. disclaims any express or
implied warranty of f itness 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 provide d "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
AGREEM ENT, 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 HEL D 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 PUN ITIVE 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 yo u, 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 a ny 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 e xport 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< br>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 Soft ware 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
acqu isitions).

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. Integr ation. 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 conf licting 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(TM) INTERFACE CLASSES ENTERPRISE JAVABEANS(TM) VERSION
2.1, INTERFACE CLASSES 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 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 an d 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
Deve lopment 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 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< br>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 term s 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 (inclu

3. Java Technology Restrictions. You may not modify the< br>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 c lasses 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 additiona l 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. Trademarks and Logos. You acknowledge and agree as
between you and Sun that Sun own s 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 Tradem ark 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.

5. Source Code. Software may contain source code that is
provided solely for referen ce purposes pursuant to the
terms of this Agreement. Source code may not be
redistributed unless expressly provided for in this
Agreement.

6. Termination for Infringement. Either party may
terminate this Agreement immediately should a ny 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. 4150
Network Circle, Santa Clara, Cali fornia 95054.
(LFI#135808/Form ID#011801)