EDUCATIONAL USE LICENSE AGREEMENT READ THE TERMS OF THIS AGREEMENT AND THE ATTACHED SUPPLEMENTAL TERMS AND CONDITIONS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA PACKAGE, DOWNLOADING OR USING THE SOFTWARE. BY OPENING THE SOFTWARE MEDIA PACKAGE, DOWNLOADING OR USING THE SOFTWARE, YOU ARE AGREEING ON BEHALF OF YOUR EDUCATIONAL INSTITUTION TO THE TERMS OF THIS AGREEMENT. IF YOUR EDUCATIONAL INSTITUTION IS NOT WILLING TO BE BOUND BY THIS AGREEMENT, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE FOR A REFUND OR, IN THE CASE OF SOFTWARE DISTRIBUTED ELECTONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THIS BINARY CODE LICENSE AGREEMENT AND THE PROCESS WILL NOT CONTINUE. 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, including but not limited to the Software's icons, 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 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. 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. 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. DISCLAIMER FOR SOFTWARE IN THE CONTRIBUTED COMPONENTS DIRECTORY: SUN IS WILLING TO MAKE THE COMPONENTS ("COMPONENTS") IN THIS FILE AVAILABLE TO YOUR EDUCATIONAL INSTITUTION ONLY UPON THE CONDITION THAT YOU ACCEPT ON BEHALF OF YOUR EDUCATIONAL INSTITUTION ALL OF THE TERMS CONTAINED IN THE EDUCATIONAL USE LICENSE AGREEMENT 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 Educational Use License Agreement relating to the Components.