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.  

For inquiries please contact: Sun Microsystems, Inc., 4150 Network Circle, Santa Clara, California 95054


Sun Microsystems, Inc.
Supplemental Terms for
Sun ONE Messaging Server 6.1hf0.09

These terms for Sun ONE Messaging Server 6.1hf0.09 supplement the terms of the Binary Code License Agreement ("BCL").  
Capitalized terms not defined herein shall have the meanings ascribed to them in the BCL.  These terms shall supersede
any inconsistent or conflicting terms in the BCL.

1.	Definitions.
a.	"Service Provider Services" means providing e-mail and e-mail administration services with Software to Service Provider Users.
b.	" Corporate Services" means providing e-mail services with Software configured for internal business use only.
c.	"User(s)" means collectively Service Provider Users and Corporate Users:
(i)	"Service Provider User(s)" means any combination of individual or corporate users, authorized to access service provider services provided to that individual, corporation or legal entity, by you and not for resale or redistribution in any manner.
(ii)	"Corporate User(s)" means any individual, within a corporation or other legal entity, authorized to access e-mail services configured for business or commercial use only, and not for resale or redistribution in any manner
d.	" Mail Routing Services" means any use of Software in a manner where Software's primary purpose is as a relay agent (e.g. receiving and sending email but not delivering it).
e.	"Designated CPU(s)" means the single central processing unit ("CPU") upon which Software is to be loaded by you in order to provide Mail Routing Services.

2.	License to Use.  Sun grants you a non-exclusive and non-transferable license for the internal use only of the 
Software, by the number of Users and/or Designated CPUs for which the corresponding fee has been paid as follows:

a.	For Service Provider Services.  
(i)	You may use the Software to provide Service Provider Services to the number of Service Provider Users for which you have paid the corresponding fee.  This Agreement does not allow use of the Software for Mail Routing Services, unless you have paid the corresponding fee for such usage.
(ii)	You may enable and use the Delegated Management feature contained in the Software for the number of Users for which you have paid the corresponding fee for such usage.
(iii)	Your use of the Software is limited to the specific level of service for which you have paid the corresponding fee. If you purchase the Standard Edition you may enable only POP functionality for the number of Users for which you have paid.  If you purchase the Plus Edition, you may enable both POP and WebMail functionality for the number of Users for which you have paid.  If you purchased the Premium Edition, you may enable POP, WebMail, and IMAP functionality for the number of Users for which you have paid.  This Agreement does not allow use of the Software for Mail Routing Services, unless you have paid the corresponding fee for such usage.

A.	For Corporate Services.  You may use the Software to provide Corporate Services to the number of Corporate
        Users for which you have paid the corresponding fee.  This Agreement does not allow use of the Software for
        Mail Routing Services, unless you have paid the corresponding fee for such usage.

B.	For Mail Routing Services.  You may use the Software to provide Mail Routing Services only on the
number of Designated CPU(s) for which you have paid the corresponding fee for such usage.

3.	Directory Server Restrictions.  You may use the Directory Services ("DS") software components of the Software, only for embedded Directory Server services and not to provide Directory Server services for other software products or to provide stand-alone Directory Server services without first obtaining a separate DS license from Sun.

4.	Enterprise Server Restrictions.  You may use the Enterprise Server Services ("ES") software components of the Software, only for embedded Enterprise Web Server services and not to provide Enterprise Web Server services for other software products or to provide stand-alone Enterprise Web Server services without first obtaining a separate ES license from Sun.

5.	Delegated Administration Server Restrictions.  You may use the Delegated Administration Services ("DA") software components of the Software, only for embedded Delegated Administration services and not to provide Delegated Administration services for other software products or to provide stand-alone Delegated Administration services without first obtaining a separate DA license from Sun.

6.	Additional Restrictions.  You may not publish or provide the results of any benchmark or comparison tests
        run on Software to any third party without the prior written consent of Sun.
