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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. You acknowledge that Software
+ is not designed, licensed or intended for use in
+ the design, construction, operation or maintenance
+ of any nuclear facility. Sun 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.
+
+ JAVA(TM) INTERFACE CLASSES
+ JAVA MESSAGE SERVICE (JMS), VERSION 1.1
+ 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 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, STAROFFICE, STARPORTAL
+ and iPLANET trademarks and all SUN, SOLARIS, JAVA,
+ JINI, FORTE, STAROFFICE, STARPORTAL 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. 901 San Antonio Road, Palo Alto, California
+ 94303
+ (LFI#111755/Form ID#011801)
+