SUN MICROSYSTEMS, INC.

BINARY CODE LICENSE AGREEMENT

SUN IS WILLING TO LICENSE THE ACCOMPANYING SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT.  READ THE TERMS AND CONDITIONS OF THIS LICENSE CAREFULLY BEFORE DOWNLOADING THE SOFTWARE. BY DOWNLOADING AND OR USING THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR USE THIS SOFTWARE.  BY SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.  IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, SELECT THE "CANCEL" BUTTON AT THE END OF THIS AGREEMENT.


1.  License to Use.  Customer is granted a limited, non-exclusive and non-transferable license ("License") for the use of the accompanying binary software in machine-readable form, subject to the terms and conditions of this Binary Code License Agreement ("BCL Agreement").  You agree to back-up all data on your computer or work station before downloading and executing the Software.    

2.  Restrictions on Use.  The Software is confidential and copyrighted.  Title to the Software and all associated intellectual property rights is retained by Sun and/or its licensors.  You may make copies of the Software only for your internal use provided that you reproduce all notices in and on the Software, including this BCL Agreement.  You have no right to sell, sublicense, or otherwise transfer the Software, or to modify, decompile, disassemble, reverse engineer, or make any derivative works of the Software.  You agree to take adequate steps to protect the Software from unauthorized disclosure or use.  You acknowledge that you do not acquire any rights in or to the Software, except the limited right to use the Software as described in this BCL Agreement.  Upon Sun's request and at no cost to Sun, you shall execute all documents and perform all acts necessary to enable Sun to obtain and maintain intellectual property rights in the Software.  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 BCL Agreement.  You acknowledge that the Software is not designed or intended for use in on-line control of aircraft, air traffic, aircraft navigation or aircraft communications, or in the design, construction, operation or maintenance of any nuclear facility.  Sun disclaims any express or implied warranty of fitness for such uses.   

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 the Software is furnished (if any) will be free of defects in materials and workmanship under normal use.  Except for the foregoing, the 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 the Software media or refund the fee paid for the Software.

4.  Disclaimer of Warranty.  UNLESS SPECIFIED IN THIS BCL AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.  YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SOFTWARE.  THE SOFTWARE IS NOT DESIGNED FOR USE WITH ALL COMPUTER SYSTEMS, CONFIGURATIONS, OR ALL INTERNET BROWSER VERSIONS.  SUN WILL NOT BE LIABLE FOR PROBLEMS WHICH MAY OCCUR IN CONNECTION WITH SOFTWARE OR HARDWARE WHICH IS INCOMPATIBLE WITH THE SOFTWARE LICENSED HEREUNDER.  SUN DOES NOT WARRANT OR GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OR USE OF THE SOFTWARE.  YOU AGREE THAT TEMPORARY INTERRUPTIONS IN THE ACCESS TO OR USE OF THE SOFTWARE MAY OCCUR IN THE NORMAL COURSE OF BUSINESS, AND UNDER NO CIRCUMSTANCES WILL SUN BE LIABLE FOR ANY DAMAGES OR LOSSES, REGARDLESS OF THE NATURE OF THE CLAIMS OR RELIEF REQUESTED, AS A RESULT OF SUCH INTERRUPTIONS.

5.  Limitation of Liability.  TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT, SAVINGS, GOODWILL OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND 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 the Software under this BCL Agreement.  The foregoing limitations will apply even if the above-stated warranty fails of its essential purpose.

6.  Term, Termination and Survival.  This BCL Agreement is effective until terminated.  You may terminate this BCL Agreement at any time by destroying all copies of the Software.  This BCL Agreement will terminate immediately without notice from Sun if you fail to comply with any provision of this BCL Agreement.  Upon termination, you must destroy all copies of the Software.  Rights and obligations under this BCL Agreement which by their nature should survive will remain in effect after termination or expiration hereof, for as long as permitted under the applicable statute of limitations.

7.  Export Regulations.  All Software and technical data delivered under this BCL Agreement are subject to U.S.  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 this 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 the Software shall be only as set forth in this BCL Agreement; this is in accordance with 48 C.F.R.  227.7201 through 227.7202-4 (for Department of Defense (DoD) acquisitions) and with 48 C.F.R.  2.101 and 12.212 (for non-DoD acquisitions).

9.  Governing Law, Jurisdiction and Venue.  Any action related to this BCL Agreement will be governed by California law and controlling U.S. federal law.  No choice of law rules of any jurisdiction will apply.  You may bring an action only in the U.S. District Court for the Northern District of California or the California Superior Court for the County of Santa Clara, as applicable, and you agree to submit exclusively to the personal jurisdiction of these courts.  You agree and acknowledge that the place of contract is Santa Clara, California.

10.  Assignment.  You may not assign or otherwise transfer (by merger, operation of law or in any other manner) your rights or obligations hereunder without the prior written consent of Sun.  Any attempted assignment or transfer of such rights or obligations will be void and will be considered a material breach of this BCL Agreement.

11.  Severability.  If any provision of this BCL Agreement is held to be unenforceable, this BCL Agreement will remain in effect with the provision omitted, unless omission of the provision would frustrate the intent of the parties, in which case this BCL Agreement will immediately terminate.

12.  Integration.  This BCL 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 BCL Agreement.  No modification of this BCL Agreement will be binding, unless in writing and signed by an authorized representative of each party.

For inquiries please contact:  Sun Microsystems, Inc., 901 San Antonio Road, Palo Alto, California 94303.