Sun Microsystems, Inc. Binary Code License Agreement


1. License to Use. Sun Microsystems, Inc. ("Sun") grants
you a non-exclusive and non-transferable license for the
internal use only of the accompanying software and
d ocumentation 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 copy righted.
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< br>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 de sign, 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 a ny) 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 replac e 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 Ag reement.
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 ackno wledge
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 C.F.R. 2 27.7202-4
(for Department of Defense (DOD) acquisitions) and with 48
C.F.R. 2.101 and 12.212 (for non-DOD acquisitions).

9. Governing Law. Any action related to this Agreement
will be governed by California law and controlling U.S.
f ederal 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< br>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 cont emporaneous 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. 901
San An tonio Road, Palo Alto, California 94303