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<!doctype html public "-//w3c//dtd html 4.0 transitional//en"><html><head> <meta http-equiv="Content-Type" content="text/html; charset=iso-8859-1"> <meta http-equiv="CONTENT-TYPE" content="text/html; charset=iso-8859-1"> <meta name="GENERATOR" content="Mozilla/4.79C-CCK-MCD [en] (X11; U; SunOS 5.9 sun4u) [Netscape]"> <meta name="AUTHOR" content="douglass hall"> <meta name="CREATED" content="20010118;13304300"> <meta name="CHANGED" content="20030505;7355500"></head><body LANG="en-US"><center><font size=+1>Sun Microsystems, Inc.</font><br><font size=+1>Binary Code License Agreement</font></center><p>READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSETERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWAREMEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TOTHE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY,INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTONAT 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 REFUNDOR, IF THE SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE" BUTTONAT THE END OF THIS AGREEMENT.<p><b>1. LICENSE TO USE.</b> Sun grants you a non-exclusiveand non-transferable license for the internal use only of the accompanyingsoftware and documentation and any error corrections provided by Sun (collectively"Software"), by the number of users and the class of computer hardwarefor which the corresponding fee has been paid.<p><b>2. RESTRICTIONS. </b> Software is confidential and copyrighted.Title to Software and all associated intellectual property rights is retainedby Sun and/or its licensors. Except as specifically authorized inany Supplemental License Terms, you may not make copies of Software, otherthan a single copy of Software for archival purposes. Unless enforcementis prohibited by applicable law, you may not modify, decompile, or reverseengineer Software. You acknowledge that Software is not designed,licensed or intended for use in the design, construction, operation ormaintenance of any nuclear facility. Sun disclaims any express orimplied warranty of fitness for such uses. No right, title or interestin or to any trademark, service mark, logo or trade name of Sun or itslicensors is granted under this Agreement.<p><b>3. LIMITED WARRANTY.</b> Sun warrants to you that for a periodof ninety (90) days from the date of purchase, as evidenced by a copy ofthe receipt, the media on which Software is furnished (if any) will befree of defects in materials and workmanship under normal use. Exceptfor the foregoing, Software is provided "AS IS". Your exclusive remedyand Sun's entire liability under this limited warranty will be at Sun'soption to replace Software media or refund the fee paid for Software.<p><b>4. DISCLAIMER OF WARRANTY. </b> UNLESS SPECIFIED IN THISAGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES,INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULARPURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESEDISCLAIMERS ARE HELD TO BE LEGALLY INVALID.<p><b>5. LIMITATION OF LIABILITY.</b> TO THE EXTENT NOT PROHIBITEDBY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE,PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL ORPUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY,ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVENIF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In noevent will Sun's liability to you, whether in contract, tort (includingnegligence), or otherwise, exceed the amount paid by you for Software underthis Agreement. The foregoing limitations will apply even if theabove stated warranty fails of its essential purpose.<p><b>6. Termination.</b> This Agreement is effective untilterminated. You may terminate this Agreement at any time by destroyingall copies of Software. This Agreement will terminate immediatelywithout notice from Sun if you fail to comply with any provision of thisAgreement. Upon Termination, you must destroy all copies of Software.<p><b>7. Export Regulations.</b> All Software and technical data deliveredunder this Agreement are subject to US export control laws and may be subjectto export or import regulations in other countries. You agree tocomply strictly with all such laws and regulations and acknowledge thatyou have the responsibility to obtain such licenses to export, re-export,or import as may be required after delivery to you.<p><b>8. U.S. Government Restricted Rights. </b> If Softwareis being acquired by or on behalf of the U.S. Government or by a U.S. Governmentprime contractor or subcontractor (at any tier), then the Government'srights in Software and accompanying documentation will be only as set forthin 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 and12.212 (for non-DOD acquisitions).<p><b>9. Governing Law.</b> Any action related to this Agreementwill be governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.<p><b>10. Severability.</b> If any provision of this Agreement isheld to be unenforceable, this Agreement will remain in effect with theprovision omitted, unless omission would frustrate the intent of the parties,in which case this Agreement will immediately terminate.<p><b>11. Integration.</b> This Agreement is the entire agreementbetween you and Sun relating to its subject matter. It supersedesall prior or contemporaneous oral or written communications, proposals,representations and warranties and prevails over any conflicting or additionalterms of any quote, order, acknowledgment, or other communication betweenthe parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing andsigned by an authorized representative of each party.<center><p><font size=+1>JAVA</font><sup><font size=-1>TM</font></sup><font size=+1>OPTIONAL PACKAGE</font><br><font size=+1>JAVA</font><sup><font size=-1>TM</font></sup><font size=+1>SECURE SOCKET EXTENSION, VERSION 1.0.3_XX</font><p><font size=+1>SUPPLEMENTAL LICENSE TERMS</font></center><p>These supplemental license terms ("Supplemental Terms") add to or modifythe terms of the Binary Code License Agreement (collectively, the "Agreement").Capitalized terms not defined in these Supplemental Terms shall have thesame meanings ascribed to them in the Agreement. These Supplemental Termsshall supersede any inconsistent or conflicting terms in the Agreement,or in any license contained within the Software.<p><b>1. Software Internal Use and Development License Grant.</b> Subject to the terms and conditions of this Agreement, including, but notlimited to Section 3 (Java Technology Restrictions) of these SupplementalTerms, Sun grants you a non-exclusive, non-transferable, limited licenseto reproduce internally and use internally the binary form of the Software,complete and unmodified, for the sole purpose of designing, developingand testing your Java applets and applications ("Programs").<p><b>2. License to Distribute Software.</b> In addition to the licensegranted in Section 1 (Software Internal Use and Development License Grant)of these Supplemental Terms, subject to the terms and conditions of thisAgreement, 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 and distribute the Software in binary codeform only, provided that you (i) distribute the Software complete and unmodifiedand only bundled as part of your Programs, (ii) do not distribute additionalsoftware intended to replace any component(s) of the Software, (iii) donot remove or alter any proprietary legends or notices contained in theSoftware, (iv) only distribute the Software subject to a license agreementthat protects Sun's interests consistent with the terms contained in thisAgreement, (v) agree to defend and indemnify Sun and its licensors fromand against any damages, costs, liabilities, settlement amounts and/orexpenses (including attorneys' fees) incurred in connection with any claim,lawsuit or action by any third party that arises or results from the useor distribution of any and all Programs and/or Software, and (vi) includethe following statement as part of product documentation (whether hardcopy or electronic), as a part of a copyright page or proprietary rightsnotice page, in an "About" box or in any other form reasonably designedto make the statement visible to users of the Software: "This product includescode licensed from RSA Data Security".<p><b>3. Java Technology Restrictions.</b> You may not modify the JavaPlatform Interface ("JPI", identified as classes contained within the "java"package or any subpackages of the "java" package), by creating additionalclasses within the JPI or otherwise causing the addition to or modificationof the classes in the JPI. In the event that you create an additionalclass and associated API(s) which (i) extends the functionality of theJava platform, and (ii) is exposed to third party software developers forthe purpose of developing additional software which invokes such additionalAPI, you must promptly publish broadly an accurate specification for suchAPI for free use by all developers. You may not create, or authorizeyour licensees to create additional classes, interfaces, or subpackagesthat are in any way identified as "java", "javax", "sun" or similar conventionas specified by Sun in any naming convention designation.<p><b>4. Trademarks and Logos.</b> You acknowledge and agree as betweenyou and Sun that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANETtrademarks and all SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET-relatedtrademarks, service marks, logos and other brand designations ("Sun Marks"),and you agree to comply with the Sun Trademark and Logo Usage Requirementscurrently located at http://www.sun.com/policies/trademarks. Any use youmake of the Sun Marks inures to Sun's benefit.<p><b>5. Source Code.</b> Software may contain source code that is providedsolely for reference purposes pursuant to the terms of this Agreement. Source code may not be redistributed unless expressly provided for in thisAgreement.<p><b>6. Termination for Infringement.</b> Either party may terminatethis Agreement immediately should any Software become, or in either party'sopinion be likely to become, the subject of a claim of infringement ofany intellectual property right.<p>For inquiries please contact: Sun Microsystems, Inc., 4150 Network Circle,Santa Clara, California 95054, U.S.A<br><i>(LFI#130035/Form ID#011801)</i></body></html>
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