Sun Microsystems, Inc.

Binary Code License Agreement

for the
JAVATM 2 SOFTWARE DEVELOPMENT KIT (J2SDK), STANDARD
EDITION, VERSION 1.4.2_X
SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE SOFTWARE
IDENTIFIED BELOW TO YOU ONLY UPON THE CONDITION THAT YOU
ACCEPT ALL OF THE TERMS CONTAINED IN THIS BINARY CODE LICENSE
AGREEMENT AND SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY
"AGREEMENT"). PLEASE READ THE AGREEMENT CAREFULLY. BY
DOWNLOADING OR INSTALLING THIS SOFTWARE, YOU ACCEPT THE
TERMS OF THE AGREEMENT. INDICATE ACCEPTANCE BY SELECTING THE
"ACCEPT" BUTTON AT THE BOTTOM OF THE AGREEMENT. IF YOU ARE NOT
WILLING TO BE BOUND BY ALL THE TERMS, SELECT THE "DECLINE"
BUTTON AT THE BOTTOM OF THE AGREEMENT AND THE DOWNLOAD OR
INSTALL PROCESS WILL NOT CONTINUE.
1. DEFINITIONS. "Software" means the identified above in binary form, any other
machine readable materials (including, but not limited to, libraries, source files,
header files, and data files), any updates or error corrections provided by Sun, and
any user manuals, programming guides and other documentation provided to you
by Sun under this Agreement. “Programs” mean Java applets and applications
intended to run on the Java 2 Platform, Standard Edition (J2SETM platform)
platform on Java-enabled general purpose desktop computers and servers.
2. LICENSE TO USE. Subject to the terms and conditions of this Agreement,
including, but not limited to the Java Technology Restrictions of the
Supplemental License Terms, Sun grants you a non-exclusive, non-transferable,
limited license without license fees to reproduce and use internally Software
complete and unmodified for the sole purpose of running Programs. Additional
licenses for developers and/or publishers are granted in the Supplemental License
Terms.
3. RESTRICTIONS. Software is confidential and copyrighted. Title to Software
and all associated intellectual property rights is retained by Sun and/or its
licensors. 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. Additional restrictions for developers
and/or publishers licenses are set forth in the Supplemental License Terms.
4. 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. Any implied warranties on the Software are limited to 90 days.
Some states do not allow limitations on duration of an implied warranty, so the
above may not apply to you. This limited warranty gives you specific legal rights.
You may have others, which vary from state to state.
5. 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.
6. 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. Some states do not allow the
exclusion of incidental or consequential damages, so some of the terms above
may not be applicable to you.
7. SOFTWARE UPDATES FROM SUN. You acknowledge that at your request or
consent optional features of the Software may download, install, and execute
applets, applications, software extensions, and updated versions of the Software
from Sun ("Software Updates"), which may require you to accept updated terms
and conditions for installation. If additional terms and conditions are not
presented on installation, the Software Updates will be considered part of the
Software and subject to the terms and conditions of the Agreement.
8. SOFTWARE FROM SOURCES OTHER THAN SUN. You acknowledge
that, by your use of optional features of the Software and/or by requesting
services that require use of the optional features of the Software, the Software
may automatically download, install, and execute software applications from
sources other than Sun ("Other Software"). Sun makes no representations of a
relationship of any kind to licensors of Other Software. 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 OTHER SOFTWARE, EVEN IF SUN HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not
allow the exclusion of incidental or consequential damages, so some of the terms
above may not be applicable to you.
9. 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. 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. Upon Termination, you must destroy all copies of Software.
10. 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.
11. 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.
12. 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).
13. 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.
14. 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.
 15. 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.

SUPPLEMENTAL LICENSE TERMS

These Supplemental License Terms add to or modify the terms of the Binary Code
License Agreement. Capitalized terms not defined in these Supplemental Terms shall
have the same meanings ascribed to them in the Binary Code License Agreement . These
Supplemental Terms shall supersede any inconsistent or conflicting terms in the Binary
Code License Agreement, or in any license contained within the Software.
A. Software Internal Use and Development License Grant. Subject to the terms
and conditions of this Agreement, including, but not limited to the Java
Technology Restrictions of these Supplemental Terms, Sun grants you a non-
exclusive, non-transferable, limited license without fees to reproduce internally
and use internally the Software complete and unmodified for the purpose of
designing, developing, and testing your Programs.
B. License to Distribute Software. Subject to the terms and conditions of this
Agreement, including, but not limited to the Java Technology Restrictions of
these Supplemental Terms, Sun grants you a non-exclusive, non-transferable,
limited license without fees to reproduce and distribute the Software, provided
that (i) you distribute the Software complete and unmodified (unless otherwise
specified in the applicable README file) and only bundled as part of, and for the
sole purpose of running, your Programs, (ii) the Programs add significant and
primary functionality to the Software, (iii) you do not distribute additional
software intended to replace any component(s) of the Software (unless otherwise
specified in the applicable README file), (iv) you do not remove or alter any
proprietary legends or notices contained in the Software, (v) you only distribute
the Software subject to a license agreement that protects Sun's interests consistent
with the terms contained in this Agreement, and (vi) you 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.
C. License to Distribute Redistributables. Subject to the terms and conditions of
this Agreement, including but not limited to the Java Technology Restrictions of
these Supplemental Terms, Sun grants you a non-exclusive, non-transferable,
limited license without fees to reproduce and distribute those files specifically
identified as redistributable in the Software "README" file ("Redistributables")
provided that: (i) you distribute the Redistributables complete and unmodified
 (unless otherwise specified in the applicable README file), and only bundled as
part of Programs, (ii) you do not distribute additional software intended to
supersede any component(s) of the Redistributables (unless otherwise specified in
the applicable README file), (iii) you do not remove or alter any proprietary
legends or notices contained in or on the Redistributables, (iv) you only distribute
the Redistributables pursuant to a license agreement that protects Sun's interests
consistent with the terms contained in the Agreement, (v) you 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.
D. 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.
E. Distribution by Publishers. This section pertains to your distribution of the
Software with your printed book or magazine (as those terms are commonly used
in the industry) relating to Java technology ("Publication"). Subject to and
conditioned upon your compliance with the restrictions and obligations contained
in the Agreement, in addition to the license granted in Paragraph 1 above, Sun
hereby grants to you a non-exclusive, nontransferable limited right to reproduce
complete and unmodified copies of the Software on electronic media (the
"Media") for the sole purpose of inclusion and distribution with your
Publication(s), subject to the following terms: (i) You may not distribute the
Software on a stand-alone basis; it must be distributed with your Publication(s);
(ii) You are responsible for downloading the Software from the applicable Sun
web site; (iii) You must refer to the Software as JavaTM 2 Software Development
Kit, Standard Edition, Version 1.4.2; (iv) The Software must be reproduced in its
entirety and without any modification whatsoever (including, without limitation,
the Binary Code License and Supplemental License Terms accompanying the
Software and proprietary rights notices contained in the Software); (v) The Media
label shall include the following information: Copyright 2003, Sun Microsystems,
Inc. All rights reserved. Use is subject to license terms. Sun, Sun Microsystems,
the Sun logo, Solaris, Java, the Java Coffee Cup logo, J2SE , and all trademarks
and logos based on Java are trademarks or registered trademarks of Sun
Microsystems, Inc. in the U.S. and other countries. This information must be
placed on the Media label in such a manner as to only apply to the Sun Software;
 (vi) You must clearly identify the Software as Sun's product on the Media holder
or Media label, and you may not state or imply that Sun is responsible for any
third-party software contained on the Media; (vii) You may not include any third
party software on the Media which is intended to be a replacement or substitute
for the Software; (viii) You shall indemnify Sun for all damages arising from your
failure to comply with the requirements of this Agreement. In addition, you shall
defend, at your expense, any and all claims brought against Sun by third parties,
and shall pay all damages awarded by a court of competent jurisdiction, or such
settlement amount negotiated by you, arising out of or in connection with your
use, reproduction or distribution of the Software and/or the Publication. Your
obligation to provide indemnification under this section shall arise provided that
Sun: (i) provides you prompt notice of the claim; (ii) gives you sole control of the
defense and settlement of the claim; (iii) provides you, at your expense, with all
available information, assistance and authority to defend; and (iv) has not
compromised or settled such claim without your prior written consent; and (ix)
You shall provide Sun with a written notice for each Publication; such notice shall
include the following information: (1) title of Publication, (2) author(s), (3) date
of Publication, and (4) ISBN or ISSN numbers. Such notice shall be sent to Sun
Microsystems, Inc., 4150 Network Circle, M/S USCA12-110, Santa Clara,
California 95054, U.S.A , Attention: Contracts Administration.
F. Source Code. Software may contain source code that, unless expressly licensed
for other purposes, 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.
G. Third Party Code. Additional copyright notices and license terms applicable to
portions of the Software are set forth in the
THIRDPARTYLICENSEREADME.txt file. In addition to any terms and
conditions of any third party opensource/freeware license identified in the
THIRDPARTYLICENSEREADME.txt file, the disclaimer of warranty and
limitation of liability provisions in paragraphs 5 and 6 of the Binary Code License
Agreement shall apply to all Software in this distribution.
For inquiries please contact: Sun Microsystems, Inc., 4150 Network Circle, Santa Clara,
California 95054, U.S.A.
(LFI#129530/Form ID#011801)