Sun Microsystems, Inc.
Binary Code License Agreement

READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT 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 REFUND OR, IF THE SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THIS AGREEMENT.

1.  LICENSE TO USE.  Sun grants you a non-exclusive and non-transferable license for the internal use only of the accompanying software and documentation 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 copyrighted. 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 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 design, construction, operation or maintenance of any nuclear facility.  Sun disclaims any express or implied warranty of fitnessfor 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 any) 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 replace 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 OFOR 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 Agreement.  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 acknowledge 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 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 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. federal 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 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 contemporaneous 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 Antonio Road, Palo Alto, California 94303
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Supplemental License Terms for Sun(tm) Mainframe Transaction Processing Software, Sun(tm) Mainframe Batch Manager Software and Sun(tm) 3270 Pathway Software.

These supplemental license terms ("Supplement") add to or modify the terms of the Binary Code License Agreement (collectively "the Agreement"). Capitalized terms not defined in this Supplement shall have the Same meanings ascribed to them in the Agreement. These supplemental terms shall supersede any inconsistent or conflicting terms in the Agreement, or in any license contained within the Software.

1.  LICENSE CLASSES.  The rights  granted under Section 1 of the Binary Code License Agreement shall be those defined for the applicable class of license as follows:

   1.1.	Concurrent User License ("CUL")  - Restricted to the maximum number of concurrent users authorized by this Agreement to connect to a single execution of the Software, on a single computer (the "Designated System"), at a single site (the "Designated Site").  A CUL does not include the right to execute the Software more than once (simultaneously) without purchasing additional licenses.

   1.2 PC License ("PCL") - Restricted to a single user on a single personal computer or workstation at any one time.  You may not permit simultaneous use of the Software, or physically transfer a PCL copy of the  Software from one PC or workstation to another (except as permitted in Section 3 below), without obtaining additional licenses. 

   1.3  Server License ("SRVL") - Restricted to a single instantiation of the Software on a single server.  An SRVL does not include the right to invoke the Software more than once (simultaneously) per server.

2.  INSTALLATION OF LICENSE KEYS.  Unless expressly provided by this Agreement, you may not install the Software enabling key provided on a system other than a Designated System, or permit use of the Software beyond that authorized by the applicable License Class or any other provision of this Agreement.

3.  TRANSFER OF THE SOFTWARE FROM DESIGNATED SYSTEM.  You may permanently transfer use of the Software from the Designated System or Designated Site to a different computer or site, provided that the copy of the Software used on the previously Designated System or Designated Site is destroyed when use of the Software is transferred to the new Designated System.

4.  RESPONSIBILITY FOR INSTALLATION.  You are be responsible for installation of the Software, which shall be performed in accordance with the installation procedures set forth in Sun's published documentation.  Your acceptance of the Software shall occur on the date the Software is installed and is functionally capable of processing your applications on the Designated System.  For purposes of Software acceptance, Software installation shall not include, or be contingent upon, the completion of any application porting, data migration, or other services related to your use of the Software, which services may often occur following Software installation.

5.  RESPONSIBILITY FOR SELECTION, USE AND BACKUP.  You are responsible for the selection of the Software, for the supervision, management and control of the use of the Software, and for any results obtained, including but not limited to, (a) assuring proper machine configuration, (b) establishing adequate backup or disaster recovery plans, and (c) implementing sufficient procedures and checkpoints to satisfy its requirements for restart and recovery in the event of a malfunction.   You have the sole responsibility to protect adequately and backup your data and/or equipment used in connection with the Software. Sun shall not be liable for any lost data, re-run time, inaccurate output, work delays or lost profits resulting from your use of the Software.

6.  SUPPORT.  Unless you have entered into a separate support agreement with Sun, Sun is under no obligation to support the Software or to provide to you any updates or error corrections (collectively referred to as "Software Updates"). If Sun provides any Software Updates, whether pursuant to a support agreement or otherwise, at its sole discretion, the Software Updates will be considered part of the Software and subject to the terms of this Agreement.

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