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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. 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 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. JAVATM
INTERFACE CLASSES JAVA TRANSACTION API (JTA), VERSION 1.0.1B, MAINTENANCE
RELEASESUPPLEMENTAL 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 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), 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 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. 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. 5. 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. 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#121049/Form ID#011801)
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