EDUCATIONAL USE LICENSE AGREEMENT PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SELECTING THE "ACCEPT" BUTTON AND INSTALLING THIS SOFTWARE. SUN IS WILLING TO LICENSE THE ACCOMPANYING SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOUR EDUCATIONAL INSTITUTION ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT (THIS "AGREEMENT"). BY SELECTING THE "ACCEPT" BUTTON, YOUR ARE AGREEING ON BEHALF OF YOUR EDUCATIONAL INSTITUTION TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOUR EDUCATIONAL INSTITUTION IS NOT WILLING TO BE BOUND BY THIS AGREEMENT, SELECT THE "DECLINE" BUTTON AT THE BOTTOM OF THIS PAGE AND THE INSTALLATION PROCESS WILL NOT CONTINUE. YOUR INSTALLATION AND USE OF THIS SOFTWARE INDICATES YOUR EDUCATIONAL INSTITUTION'S ASSENT TO BE BOUND BY THE LICENSE TERMS SET FORTH BELOW. 1. Licenses and Restrictions. (a) License to Use. Subject to the terms and conditions of this Agreement, the educational institution ("Licensee") is granted a non- exclusive and non-transferable license to make an unlimited number of copies exactly like the original delivered to Licensee of the accompanying software in machine-readable, binary and/or byte code form, together with the accompanying documentation ("Software"), for use in Licensee's "domain" by Licensee's faculty, employees, consultants and currently enrolled students ("Authorized Users") and only for degree- granting activities of Licensee and its Authorized Users, including research on the development of curricula, course instruction, course work, degree-related research, and directly related administrative support. Licensee's "domain" means Licensee's sites that provide educational and support services directly to Authorized Users (including Licensee's main and satellite campuses and offices) and nomadic computing by Authorized Users who link into Licensee's network. Licensee may print an unlimited number of copies of the on-line documentation for use only by Authorized Users, so long as all of Sun's proprietary rights notices are reproduced on the printed documentation. (b) License to Develop Applications and Incorporate "Modules." Licensee and Licensee's Authorized Users may incorporate the binary runtime modules identified in the on-line README file (the "Modules") of the Software into their Java applet or application software programs ("Applications") that they develop using the Software, so long as they: (1) incorporate and distribute the Modules complete and unmodified only as part of, and for the sole purpose of running their Applications; (2) do not distribute additional software intended to replace any component(s) of the Module; (3) do not remove or alter any proprietary legends or notices contained in the Modules; (4) prohibit users of their Application from modifying, decompiling, disassembling, decrypting, extracting, reducing to human-readable form or otherwise reverse engineering the Module; (5) include the following notice in their Applications somewhere that is conspicuous to the user of their Applications: "Portions 1997 Sun Microsystems, Inc. All rights reserved. Such portions are subject to certain licenses and restrictions that are incorporated herein by reference."; and (6) agree to defend, indemnify and hold Sun and its licensors harmless against any claims or lawsuits, including attorneys' fees, that arise or result from the use or distribution of their Applications. Licensee and its Authorized Users may not sell the applications that they develop using the Software. (c) Java Platform Interface. Licensee and Licensee's Authorized Users may not modify the Java Platform Interface ("JPI", identified as classes contained within the "java" package or any subpackages of the "java" package), by creating additional classes within the JPI or otherwise causing the addition to or modification of the classes in the JPI. If Licensee or any of Licensee's Authorized Users creates any Java-related API and distributes such API to others for applet or application development, such creator must promptly publish broadly, an accurate specification for such API for free use by all developers of Java-based software. (d) Restrictions. The Software is copyrighted and title to all copies is retained by Sun and/or its licensors. Except as specifically authorized elsewhere in this Agreement or unless enforcement of this provision is prohibited by applicable law, Licensee shall not (1) modify, decompile, disassemble, decrypt, extract, reduce to human-readable form or otherwise reverse engineer the Software or (2) unbundle, or make available separately by itself, any part of the Software, and Licensee shall prohibit its Authorized Users from doing any of the above. The Software is not designed or licensed for use in on-line control equipment in hazardous environments such as operation of nuclear facilities, aircraft navigation or control, or direct life support machines. (e) Trademarks and Logos. This Agreement does not authorize Licensee or its Authorized Users to use any Sun name, trademark or logo. Licensee acknowledges that Sun owns the Java trademark and all Java-related trademarks, logos and icons including the Coffee Cup and Duke ("Java Marks") and agrees to: (1) comply with the Java Trademark Guidelines at http://java.sun.com/trademarks.html; (2) not do anything harmful to or inconsistent with Sun's rights in the Java Marks; and (3) assist Sun in protecting those rights, including assigning to Sun any rights acquired in any Java Mark. (f) Notice of Terms. Licensee agrees to inform its Authorized Users about the license restrictions set forth in this Section 1, preferably by installing the Software in such a way so that each time the Software is invoked, the notice attached to this Agreement as Exhibit A appears, or by making the notice available to Authorized Users by some other reliable means. Licensee shall be responsible for ensuring that its Authorized Users abide by the restrictions set forth in this Section 1. 2. Confidentiality. The Software is confidential and proprietary information of Sun and its licensors. Licensee agrees to take adequate steps to protect Software from unauthorized disclosure, copying or use. 3. Installation Support. Licensee may appoint one (1) individual in its organization as the single contact who may, after registering with Sun as instructed in the Software README file, call Sun for installation support only no more than three (3) times during the thirty (30) day period after Sun delivers the Software to Licensee. Additional support services, including Software upgrades, may be provided for an additional fee. 4. Limited Warranty. Sun warrants that for a period of ninety (90) days after Sun delivers the Software to Licensee the media on which the Software is furnished will be free of defects in materials and workmanship under normal use. Otherwise, the Software is provided "AS IS." This limited warranty extends only to Licensee as the original licensee. Licensee's exclusive remedy and Sun's entire liability under this limited warranty will be, at Sun's option, to repair or replace the Software, or refund the license fee paid therefor. 5. Disclaimer of Warranty. EXCEPT AS SPECIFIED IN THIS LICENSE, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. 6. Limitation of Liability. IN NO EVENT WILL SUN BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Sun's liability to Licensee or any Authorized User, whether in contract, tort (including negligence), or otherwise, exceed the license fee paid by Licensee for the Software. The foregoing limitations shall apply even if the above stated warranty fails of its essential purpose. 7. Termination. The licenses granted herein are effective until terminated. Licensee may terminate its licenses at any time by destroying all copies of the Software including any documentation. The licenses granted herein will terminate immediately without notice from Sun if Licensee fails to comply with any provision of this Agreement. Upon termination, Licensee must destroy all copies of the Software. 8. Export Regulations. Software, including technical data, is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. Licensee agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import Software. Software may not be downloaded, or otherwise exported or re-exported (i) into, or to a national or resident of, Cuba, Iraq, Iran, North Korea, Libya, Sudan, Syria or any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Denial Orders. Licensee shall, at its own expense, obtain and arrange for the maintenance in full force and effect of all governmental approvals, consents, licenses, authorizations, declarations, filings and registrations as may be necessary or advisable for the performance of the terms and conditions of the Agreement, including without limitation, fair trade approvals, under all laws, regulations and other legal requirements within the jurisdictions that Licensee licenses the Software Products that apply to this Agreement, including tax and foreign exchange legislation. 9. U.S. Government Restricted Rights. If Licensee is acquiring Software including accompanying documentation on behalf of the U.S. Government, the following provisions apply. If Software is supplied to the Department of Defense ("DOD"), Software is subject to "Restricted Rights", as that term is defined in the DOD Supplement to the Federal Acquisition Regulations ("DFAR") in paragraphs DFAR 252.227- 7015(b)(6/95) and DFAR 227.7202-3(a). If Software is supplied to any unit or agency of the United States Government other than DOD, the Government's rights in Software will be as defined in paragraphs 52.227-14(g)(2)(6/87) and 52.227-19(6/87) of the Federal Acquisition Regulations ("FAR"). Use, duplication, reproduction or disclosure by the Government is subject to such restrictions or successor provisions. Contractor/Manufacturer is: Sun, Inc., 2550 Garcia Ave., Mountain View, CA 94043. 10. Governing Law. This Agreement is made under, shall be governed by and construed in accordance with the laws of the State of California, U.S.A., excluding its choice of law provisions. The United Nations Convention on the International Sale of Goods is specifically excluded from application to this Agreement. 11. Audit Rights. Licensee agrees to maintain its records and computer systems in a manner sufficient to determine whether Licensee is in compliance with this Agreement, and that such records and computer systems may be audited by Sun upon reasonable notice to Licensee. 12. Severability. If any of the above provisions are held to be in violation of applicable law, void, or unenforceable in any jurisdiction, then such provisions are herewith waived to the extent necessary for this Agreement to be otherwise enforceable in such jurisdiction. However, if in Sun's opinion, deletion of any provisions of this Agreement by operation of this paragraph unreasonably compromises the rights or liabilities of Sun or its licensors, Sun reserves the right to terminate the licenses granted herein and refund the fee paid by Licensee as Licensee's sole and exclusive remedy. 13. Assignment. Licensee may not transfer or assign this Agreement, whether by operation of law or otherwise, without Sun's prior written consent. 14. Integration. This Agreement is the entire agreement between Licensee and Sun relating to the Software and: (i) supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to its subject matter; and (ii) prevails over any conflicting or additional terms of any quote, order, acknowledgment, or similar communication between the parties during the term of this Agreement. This Agreement may not be modified, amended, rescinded or waived, in whole or part, except by a written instrument signed by the duly authorized representatives of both parties. Failure by either party to enforce any provision of this Agreement shall not be deemed a waiver of future enforcement of that or any other provision. 15. Copyright and Trademark Information. (c) 1997 Sun Microsystems, Inc. All rights reserved. Protected by copyright and licenses restricting use, copying, distribution and decompilation. Sun, the Sun logo, Sun Microsystems, SunSoft, SunSoft WorkShop, Java WorkShop, Visual Java, the Java and HotJava coffee cup logos, JDK, Solaris, HotJava, Java, SunPlaza and the "Duke" character are trademarks or registered trademarks of Sun Microsystems, Inc. in the United States and other countries. Third party software, including font technology, in this product is protected by copyright and licensed from Sun's suppliers.