BINARY CODE LICENSE AGREEMENT Copyright and Trademark Information. Copyright 1997 Sun Microsystems, Inc. All Rights Reserved. Use is subject to license terms. Sun, the Sun logo, Sun Microsystems, Java WorkShop, Java Studio, the Duke and Java Coffee Cup logos, Visual Java, JDK and all Java-based marks 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. LICENSE AGREEMENT TO EVALUATE THE SOFTWARE: IF CUSTOMER IS USING THE SOFTWARE FOR EVALUATION PURPOSES ONLY, CUSTOMER AGREES TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS: 1. License to Use for Evaluation Purposes. Customer is granted a non-exclusive and non-transferable license ("License") to use the accompanying binary software in machine-readable form, together with accompanying documentation ("Software"), internally for the purposes of evaluation and demonstration. No license is granted to Customer for any other purpose. Customer shall not distribute the Software, in whole or in part, to any third party. This License expires thirty (30) days after the date of installation. 2. No Support of Evaluation Software. SOFTWARE USED FOR EVALUATION PURPOSES IS LICENSED "AS IS." SUN DISCLAIMS ALL WARRANTIES CONCERNING SUCH EVALUATION SOFTWARE, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. 3. Other Terms. Paragraphs 2. Restrictions, 3. Confidentiality, 6. Limitation of Liability, 7. Termination, 8. Export Regulations, 9. U.S. Government Restricted Rights, 10. Governing Law, 11. Severability, and 12. Integration of the Agreement below shall apply to Evaluation Software. The Supplemental Terms and Conditions and Disclaimer apply to Evaluation Software. Paragraphs 1 and 2 of the Supplemental Terms and Conditions and the Disclaimer do not apply to Evaluation Software. LICENSE AGREEMENT TO USE THE SOFTWARE: IF CUSTOMER WILL BE USING THE SOFTWARE FOR OTHER THAN EVALUATION PURPOSES ONLY, CUSTOMER AGREES TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS: 1. License to Use. Customer is granted a non-exclusive and non-transferable license ("License") for the use of the accompanying binary software in machine-readable form, together with accompanying documentation ("Software"), by the number of users and the class of computer hardware for which the corresponding fee has been paid. 2. Restrictions. Software is copyrighted and title to all copies is retained by Sun and/or its licensors. Customer shall not make copies of Software, other than a single copy of Software for archival purposes and, if applicable, Customer may, for its internal use only, print the number of copies of on-line documentation for which the applicable fee has been paid, in which event all proprietary rights notices on Software shall be reproduced and applied. Except as specifically authorized elsewhere in this Agreement or unless enforcement of this provision is prohibited by applicable law, Customer shall not modify, decompile, disassemble, decrypt, extract, or otherwise reverse engineer Software, and Customer shall not use, copy or distribute any Sun icons in any Customer-developed programs. 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. 3. Confidentiality. Software is confidential and proprietary information of Sun and/or its licensors. Customer agrees to take adequate steps to protect Software from unauthorized disclosure or use. 4. Limited Warranty. Sun warrants 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 will be free of defects in materials and workmanship under normal use, except for software distributed electronically. Otherwise, the Software is provided "AS IS". This limited warranty extends only to Customer as the original licensee. Customer'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 IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, 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 SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Sun's liability to Customer, whether in contract, tort (including negligence), or otherwise, exceed the license fee paid by Customer for Software. The foregoing limitations shall apply even if the above stated warranty fails of its essential purpose. 7. Termination. This License is effective until terminated. Customer may terminate this License at any time by destroying all copies of Software including any documentation. This License will terminate immediately without notice from Sun if Customer fails to comply with any provision of this License. Upon termination, Customer must destroy all copies of 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. Customer 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. 9. U.S. Government Restricted Rights. If Customer 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 252.227-7015 (b)(6/95) and 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 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 Microsystems, Inc., 901 San Antonio Road, Palo Alto, CA 94303. 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. 11. 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 or amended to the extent necessary for the License to be otherwise enforceable in such jurisdiction, However, if in Sun's opinion deletion or amendment of any provisions of the License by operation of this paragraph unreasonably compromises the rights or liabilities of Sun or its licensors, Sun reserves the right to terminate the License and refund the fee paid by Customer as Customer's sole and exclusive remedy. 12. Integration. This Agreement (including any supplementary terms) is the entire agreement between Customer and Sun relating to 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. No modification to the Agreement will be binding, unless in writing and signed by a duly authorized representative of each party. Supplemental Terms and Conditions for Java WorkShop and Java Studio These terms and conditions for Java WorkShop and Java Studio supplement the terms and conditions of the Binary Code License ("BCL"). Capitalized terms not defined herein shall have the meanings ascribed to them in the BCL. These terms and conditions shall supersede any inconsistent or conflicting terms and conditions in the BCL. THE REMAING SUPPLEMENTAL TERMS AND CONDITIONS APPLY TO THE ACCOMPANYING SOFTWARE 1. License to Develop Applications and Incorporate "Modules." Customer may incorporate one or more binary runtime modules identified in the on-line README file (the "Modules") of the Software into Customer's Java applet or application software program ("Program") that Customer develops using the Software, so long as Customer: (1) incorporates and distributes the Modules complete and unmodified only as part of, and for the sole purpose of running Program into which the Module is incorporated; (2) does not distribute additional software intended to replace any component(s) of the Module; (3) does not remove or alter any proprietary legends or notices contained in the Modules; (4) prohibits users of Customer's Program from modifying, decompiling, disassembling, decrypting, extracting, reducing to human-readable form or otherwise reverse engineering the Module; (5) includes the following notice in Customer's Program somewhere that is conspicuous to the user of Customer's Program: "Portions Copyright 1997 Sun Microsystems, Inc. All rights reserved. Such portions are subject to certain licenses and restrictions that are incorporated herein by reference."; and (6) agrees 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 Customer's Program. 2. License to Develop "Plug-ins". "Plug-in" means a separately compilable work that extends the functionality of, and interoperates with, the "Java Tools" components of Java WorkShop or Java Studio. Customer may develop a Plug-in based on the Java Tools integration APIs made generally available by Sun and published for use by third party software developers, provided such Plug-in preserves the integrity of the entire Java WorkShop or Java Studio, i.e., such Plug-in may add to, but may not delete or alter the Java Tools integration APIs or Java WorkShop's or Java Studio's (i) registration, try and buy or licensing components; (ii) persistent data files formats, such as project files, GUI definition files and user preferences; (iii) user interface commands, gestures, labels or icons; or (iv) functionality, features, on-line help or performance. 3. Java Platform Interface. Customer 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. In the event that Customer creates any Java-related API and distributes such API to others for applet or application development, Customer must promptly publish broadly, an accurate specification for such API for free use by all developers of Java-based software. 4. Trademarks and Logos. This License does not authorize Customer to use any Sun name, trademark or logo. Customer acknowledges that Sun owns the Java trademark and all Java-related trademarks, logos including the Coffee Cup and Duke ("Java Marks") and agrees to comply with the Java Trademark Guidelines at http://java.sun.com/trademarks.html; (iii) not do anything harmful to or inconsistent with Sun's rights in the Java Marks; and (iv) assist Sun in protecting those rights, including assigning to Sun any rights acquired by Customer in any Java Mark. DISCLAIMER FOR SOFTWARE IN THE CONTRIBUTED COMPONENTS DIRECTORY: SUN IS WILLING TO MAKE THE COMPONENTS ("COMPONENTS") IN THIS FILE AVAILABLE TO THE CUSTOMER ONLY UPON THE CONDITION THAT CUSTOMER ACCEPTS ALL OF THE TERMS CONTAINED IN THE BCL AND THIS DISCLAIMER. PLEASE READ THE TERMS AND CONDITIONS OF THIS DISCLAIMER CAREFULLY. The Components contained in this file are software programs or products distributed by various suppliers and Sun, and are subject to the copyright notices and any license terms and conditions accompanying the software. These Components are not as thoroughly tested as the rest of Java WorkShop and Java Studio. Sun is redistributing the Components merely as a convenience to Sun's customers. Sun does not provide support for the Components. The Components contained in this file are provided "AS IS". The Components may not function properly or at all, may contain viruses, may disrupt, damage or interfere with Customer's use of Customer's programs, computers or telecommunications facilities. Sun makes no warranties of any kind whatsoever with respect to the Components. 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 DISCLAIMED AND EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. IN NO EVENT WILL SUN BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, 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 COMPONENTS, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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 waived to the extent necessary for this Disclaimer to be otherwise enforceable in such jurisdiction. This Disclaimer supersedes any conflicting terms and conditions in the BCL relating to the Components.