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 a nd
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 th e 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 a ny 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. Li censee
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 fitness for
su ch 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 th e 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 ex clusive 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 I MPLIED 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
IN VALID.

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< br>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 contrac t, 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 Agre ement 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 Agreemen t. 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
regulation s 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 document ation 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 La w. 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 unenf orceable, 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 ag reement
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 qu ote, 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 represent ative of each party.

JAVA(TM) INTERFACE CLASSES JAVA AUTHORIZATION CONTRACT FOR
CONTAINERS, VERSION 1.0, 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 incon sistent 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, f or
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), Sun grants you a non-exclusive,
non-transferable, limited license to reproduce an d
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
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 t his Agreement, and (v) agree
to defend and indemnify Sun and its licensors from and
against any damages, costs, liabilities, settlement amounts
and/or expenses (includ

3. Java Technology Restrictions. You may not modify the
Java Platfor m 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 J PI. 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. Trademarks and Logos. You acknowledge and agree as
between you and Sun that Sun owns the SUN, SOLAR IS, 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.

5. Source Code. Software may contain source code that is
provided solely for reference purposes purs uant 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 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. 4150
Network Circle, Santa Clara, California 95054.
( LFI#136592/Form ID#011801)