Sun Microsystems, Inc. Binary Code License Agreement READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMEN TAL LICENSE TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFO RE OPENING THE SOFTWARE MEDIA PACKAGE. BY OPENING THE SOFT WARE MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMEN T. IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDIC ATE 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 TH E 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 acco mpanying software and documentation and any error correctio ns 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 propert y rights is retained by Sun and/or its licensors. Except a s 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, decom pile, or reverse engineer Software. Licensee acknowledges that Licensed Software is not designed or intended for use in the design, construction, operation or maintenance of an y nuclear facility. Sun Microsystems, Inc. disclaims any ex press or implied warranty of fitness for such uses. No ri ght, title or interest in or to any trademark, service mark , logo or trade name of Sun or its licensors is granted und er this Agreement. 3. LIMITED WARRANTY. Sun warrants to you that for a perio d of ninety (90) days from the date of purchase, as evidenc ed by a copy of the receipt, the media on which Software is furnished (if any) will be free of defects in materials an d workmanship under normal use. Except for the foregoing, Software is provided "AS IS". Your exclusive remedy and Su n's entire liability under this limited warranty will be at Sun's option to replace Software media or refund the fee p aid for Software. 4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREE MENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AN D WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABI LITY, 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 CA USED 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 cont ract, 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 termina ted. You may terminate this Agreement at any time by destr oying all copies of Software. This Agreement will terminat e immediately without notice from Sun if you fail to comply with any provision of this Agreement. Upon Termination, y ou must destroy all copies of Software. 7. Export Regulations. All Software and technical data del ivered under this Agreement are subject to US export contro l laws and may be subject to export or import regulations i n other countries. You agree to comply strictly with all s uch 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 bein g acquired by or on behalf of the U.S. Government or by a U .S. Government prime contractor or subcontractor (at any ti er), then the Government's rights in Software and accompany ing documentation will be only as set forth in this Agreeme nt; this is in accordance with 48 CFR 227.7201 through 227. 7202-4 (for Department of Defense (DOD) acquisitions) and w ith 48 CFR 2.101 and 12.212 (for non-DOD acquisitions). 9. Governing Law. Any action related to this Agreement wi ll be governed by California law and controlling U.S. feder al law. No choice of law rules of any jurisdiction will ap ply. 10. Severability. If any provision of this Agreement is hel d to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrat e the intent of the parties, in which case this Agreement w ill immediately terminate. 11. Integration. This Agreement is the entire agreement be tween you and Sun relating to its subject matter. It super sedes all prior or contemporaneous oral or written communic ations, proposals, representations and warranties and preva ils over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the p arties relating to its subject matter during the term of th is Agreement. No modification of this Agreement will be bi nding, unless in writing and signed by an authorized repres entative of each party. JAVA(TM) INTERFACE CLASSES J2EE(TM) DEPLOYMENT SPECIFICATION INTERFACE CLASSES 1.1 SUPPLEMENTAL LICENSE TERMS These supplemental license terms ("Supplemental Terms") add to or modify the terms of the Binary Code License Agreemen t (collectively, the "Agreement"). Capitalized terms not de fined in these Supplemental Terms shall have the same meani ngs ascribed to them in the Agreement. These Supplemental T erms shall supersede any inconsistent or conflicting terms in the Agreement, or in any license contained within the So ftware. 1. Software Internal Use and Development License Grant. Sub ject to the terms and conditions of this Agreement, includi ng, but not limited to Section 3 (Java(TM) Technology Restr ictions) of these Supplemental Terms, Sun grants you a non- exclusive, non-transferable, limited license to reproduce i nternally and use internally the binary form of the Softwar e, complete and unmodified, for the sole purpose of designi ng, developing and testing your Java applets and applicatio ns ("Programs"). 2. License to Distribute Software. In addition to the lice nse granted in Section 1 (Software Internal Use and Develop ment 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), Su n grants you a non-exclusive, non-transferable, limited lic ense to reproduce and distribute the Software in binary for m only, provided that you (i) distribute the Software compl ete and unmodified and only bundled as part of your Program s, (ii) do not distribute additional software intended to r eplace any component(s) of the Software, (iii) do not remov e 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 consisten t with the terms contained in this Agreement, and (v) agree to defend and indemnify Sun and its licensors from and aga inst any damages, costs, liabilities, settlement amounts an d/or expenses (including attorneys' fees) incurred in conne ction 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 Jav a Platform Interface ("JPI", identified as classes containe d within the "java" package or any subpackages of the "java " package), by creating additional classes within the JPI o r otherwise causing the addition to or modification of the classes in the JPI. In the event that you create an additi onal class and associated API(s) which (i) extends the func tionality of the Java Platform, and (ii) is exposed to thir d party software developers for the purpose of developing a dditional software which invokes such additional API, you m ust 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 specifie d by Sun in any naming convention designation. 4. Trademarks and Logos. You acknowledge and agree as betwe en you and Sun that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET trademarks and all SUN, SOLARIS, JAVA, J INI, FORTE, and iPLANET-related trademarks, service marks, logos and other brand designations ("Sun Marks"), and you a gree to comply with the Sun Trademark and Logo Usage Requir ements currently located at http://www.sun.com/policies/tra demarks. Any use you make of the Sun Marks inures to Sun's benefit. 5. Source Code. Software may contain source code that is pr ovided solely for reference purposes pursuant to the terms of this Agreement. Source code may not be redistributed un less expressly provided for in this Agreement. 6. Termination for Infringement. Either party may termina te this Agreement immediately should any Software become, o r in either party's opinion be likely to become, the subjec t of a claim of infringement of any intellectual property r ight. For inquiries please contact: Sun Microsystems, Inc. 4150 N etwork Circle, Santa Clara, California 95054.