Sun Java(TM) System Web Server 6.1 SP5


IF YOU HAVE PAID IN FULL ALL CORRESPONDING FEES AND CHARGES IN
CONNECTION WITH A LICENSE FOR SUN JAVA SYSTEM WEB SERVER 6.1 SP5
(ALONG WITH ALL ACCOMPANYING SOFTWARE AND DOCUMENTATION, THE "WEB
SERVER"), YOUR FULL LICENSE TO THE WEB SERVER IS SET FORTH ENTIRELY IN
SECTION B.  OTHERWISE, YOUR EVALUATION AND DEVELOPMENT LICENSE TO THE
WEB SERVER IS SET FORTH ENTIRELY IN SECTION A.

THE TWO LICENSES SET FORTH IN SECTIONS A (EVALUATION AND DEVELOPMENT
LICENSE) AND B (FULL LICENSE) ARE SEPARATE AND DISTINCT LEGAL
AGREEMENTS.

READ THE TERMS OF THE AGREEMENT IN THE SECTION APPLICABLE TO YOU (THE
"APPLICABLE AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA
PACKAGE.  BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO ALL THE
TERMS OF THE APPLICABLE AGREEMENT.  IF YOU ARE ACCESSING THE WEB
SERVER ELECTRONICALLY, INDICATE YOUR COMPLETE ACCEPTANCE OF THIS
AGREEMENT BY SELECTING THE "ACCEPT" BUTTON DISPLAYED ALONG WITH THE
APPLICABLE AGREEMENT OR OTHERWISE PROVIDING THE AFFIRMATIVE RESPONSE
REQUESTED.  IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THE APPLICABLE
AGREEMENT, DO NOT INSTALL, COPY OR OTHERWISE USE THE WEB SERVER.  IF
YOU ARE ACCESSING THE WEB SERVER ELECTRONICALLY, INDICATE YOUR
NON-ACCEPTANCE OF THE APPLICABLE AGREEMENT BY SELECTING THE "REJECT"
BUTTON OR OTHERWISE PROVIDING THE NEGATIVE RESPONSE REQUESTED.  YOUR
INSTALLATION, COPYING OR USE OF THE WEB SERVER INDICATES THAT YOU
AGREE TO BE BOUND BY ALL THE TERMS OF THE APPLICABLE AGREEMENT.

If you are accepting the Applicable Agreement on behalf of a
corporation, partnership or other legal entity, the use of the terms
"you" and "your" in the Applicable Agreement will refer to such entity
and the entity accepting the Applicable Agreement represents and
warrants to Sun that it has sufficient permissions, capacity, consents
and authority to enter into the Applicable Agreement.

SECTION A (Evaluation and Development License):

Sun Microsystems, Inc.
Binary Software Evaluation and Development Agreement ("Agreement")

1.0 DEFINITIONS
"Licensed Software" means all or any portion of the Sun Java System
Web Server 6.1 SP5 in binary form (the "Product"), and any other
machine readable materials (including, but not limited to, libraries,
header files, and data files), additional software, user manuals,
programming guides and other documentation provided to you by Sun
Microsystems, Inc. ("Sun") as part of, or embedded with, the files
that comprise the Product.

2.0 LIMITED LICENSE
Subject to the terms and conditions of this Agreement and your
complete acceptance of this Agreement, Sun grants to you a
non-exclusive, non-transferable, royalty-free and limited license to
use Licensed Software solely for the purposes of evaluation of the
Licensed Software or internal design, development, testing, and
evaluation of software products or web applications intended to run on
Licensed software.  No license is granted to you for any other
purpose.  You may not sell, rent, loan or otherwise encumber or
transfer Licensed Software, in whole or in part, to any third party,
including any output or results of execution of the Licensed Software.

3.0 LICENSE RESTRICTIONS
3.1 You may not duplicate the Licensed Software other than for a
single copy of binary portions of the Licensed Software for backup
purposes only. You agree to reproduce all copyright and other
proprietary right notices on any such copy.

3.2 Except as otherwise provided by law, you may not modify or create
derivative works of the Licensed Software, or reverse engineer,
disassemble or decompile binary portions of the Licensed Software,
otherwise attempt to derive the source code from such portions, or
assist any other person or entity in any of these activities.

3.3 No right, title, or interest in or to the Licensed Software, any
trademarks, service marks, or trade names of Sun or Sun's licensors is
granted under this Agreement.

3.4 You have no right to use the Licensed Software in a production
environment, for commercial use, or for operational purposes.

3.5 You acknowledge that Licensed Software may contain a timebomb
mechanism.

3.6 You may use any Sun ONE, iPlanet or third party products bundled
with or embedded in Software only in conjunction with Software (and
the applications that run on Software), and not with other software
products or on a stand alone basis. Except for this restriction, the
use of each such bundled product shall be governed by its license
agreement.

3.7 You may not publish or provide the results of any benchmark or
comparison tests run on the Licensed Software to any third party
without Sun's prior written consent.

3.8 Directory Server Restrictions. You may use Directory Server
bundled with Software if any ("DS") to interface with Software for
access control, authentication, authorization, or information access
purposes for an unlimited number of users. The only information that
may be loaded into the DS software is user group, and role information
related to Name, User ID, Password, Group, and Email; storage of
additional information requires a separate DS license from Sun. You
may not use DS on a stand-alone basis or to interoperate with other
applications or clients which do not support Software and its intended
usage without first obtaining a separate DS license.

4.0 NO FURTHER OBLIGATIONS
Neither Sun nor its licensors are under any obligation to support the
Licensed Software or to provide you with updates or error corrections
(collectively "Software Updates"). If Sun, at its sole option,
supplies Software Updates to you, the Software Updates will be
considered part of Licensed Software, and subject to the terms of this
Agreement.  Further, neither Sun nor its licensors are under any
obligation to develop, market, sell, distribute or take any other
action with respect to the Licensed Software or to provide or ensure
compatibility between the Licensed Software and any future version of
the Licensed Software.

5.0 TERM AND TERMINATION OF AGREEMENT
5.1 This Agreement will commence on the date on which you install the
Licensed Software (the "Effective Date") and will terminate as set
forth below.  However, if the Licensed Software does not require
installation for use, the Effective Date is the date that you accept
this Agreement.

5.2 You may terminate this Agreement at any time by completely
destroying all copies of the Licensed Software and removing all
portions of the Licensed Software that you deployed on any electronic
device (including without limitation, computer systems, servers,
networks, and personal electronic devices).

5.3 Sun may terminate this Agreement upon 10 days' written notice to
you. However, Sun may terminate this Agreement immediately should any
Licensed Software become, or in Sun's and/or its licensors' opinion be
likely to become, the subject of a claim of intellectual property
infringement or trade secret misappropriation.

5.4 Sun may terminate this Agreement immediately should you materially
breach any of its provisions or take any action in derogation of Sun's
and/or its licensors' rights to the Licensed Software.

5.5 Within ten (10) days from termination or expiration of this
Agreement, you will immediately cease use of and destroy Licensed
Software and any copies thereof and provide Sun a written statement
from a duly authorized representative certifying that you have
complied with the foregoing obligations.

5.6 The following sections will survive any termination or expiration
of this Agreement: Sections 1.0, 3.0, 4.0, 5.5, 5.6, and 6.0-9.0. You
shall have no rights to recover damages or seek indemnification
arising from rightful termination or expiration of this Agreement,
whether by way of lost profits, expenditures, payment of goodwill or
otherwise.

6.0 DISCLAIMER OF WARRANTY
6.1 You acknowledge that Licensed Software may contain errors and is
not designed or intended for use in the design, construction,
operation or maintenance of any nuclear facility ("High Risk
Activities"). Sun and its licensors disclaim any express or implied
warranty of fitness for such uses.  You represent and warrant to Sun
that you will not use, distribute or license the Licensed Software for
High Risk Activities.

6.2 LICENSED SOFTWARE IS PROVIDED "AS IS".  TO THE FULLEST EXTENT
ALLOWED BY LAW, SUN EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND
WARRANTIES OF ANY KIND OR NATURE CONCERNING THE LICENSED SOFTWARE,
WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY
OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, OR NON-INFRINGEMENT.

7.0 LIMITATION OF LIABILITY
7.1 You acknowledge that the Licensed Software may have defects or
deficiencies that cannot or will not be corrected by Sun. You will
hold Sun and its licensors harmless from any claims based on your use
of the Licensed Software for any purposes, and from any claims that
later versions or releases of any Licensed Software furnished to you
are incompatible with the Licensed Software provided to you under this
Agreement.

7.2 You shall have the sole responsibility to protect adequately and
backup your data and/or equipment used in connection with the Licensed
Software. You shall not claim against Sun or its licensors for lost
data, re-run time, inaccurate output, work delays or lost profits
resulting from your use of the Licensed Software.

7.3 You acknowledge that Sun is under no obligation to release the
Licensed Software as a product of Sun or to offer any further
releases, versions, enhancements, or updates of the Licensed Software
or any bug fixes or corrections for the Licensed Software.

7.4 NEITHER SUN NOR ANY OF SUN'S LICENSORS WILL BE LIABLE FOR ANY
INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN
CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT (INCLUDING LOSS OF
BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE),
HOWEVER IT ARISES, WHETHER FOR BREACH OR IN TORT, EVEN IF THAT PARTY
HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
LIABILITY FOR DAMAGES WILL BE LIMITED AND EXCLUDED, EVEN IF ANY
EXCLUSIVE REMEDY PROVIDED IN THIS AGREEMENT FAILS OF ITS ESSENTIAL
PURPOSE.  IN NO EVENT WILL THE CUMMULATIVE LIABILITY OF SUN FOR ANY
DAMAGES WHATSOEVER INCURRED BY YOU ARISING OUT OF OR RELATED TO THIS
AGREEMENT EXCEED THE TOTAL AMOUNT ACTUALLY PAID TO SUN BY YOU UNDER
THIS AGREEMENT.

8.0 U.S. GOVERNMENT RESTRICTED RIGHTS.
If Licensed 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 the
Licensed Software 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).

9.0 GENERAL TERMS
9.1 This Agreement will be governed by and construed in accordance
with the laws of the State of California, U.S.A., excluding its
conflict of laws principles.  You expressly agree and consent that
exclusive jurisdiction and venue for any dispute arising out of or
relating to this Agreement will lie with the federal and state courts
located in and serving Santa Clara County, California, U.S.A. The
U.N. Convention for the International Sale of Goods and the choice of
law rules of any jurisdiction will not apply. The official text of
this Agreement is in the English language and any interpretation or
construction of this Agreement will be based thereon. In the event
that this Agreement or any documents or notices related to it are
translated into any other language, the English language version will
control.

9.2 Licensed Software and technical data delivered under this
Agreement are subject to U.S. 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.  Unless
authorized by the U.S. Government, you will not, directly or
indirectly, export or re-export Licensed Software, nor direct products
therefrom, to any embargoed or restricted country identified in the
U.S. export laws, including but not limited to the Export
Administration Regulations (15 C.F.R. Parts 730-774).  You affirm that
you are not identified on any U.S. Government export exclusion lists
and that you will not use Licensed Software for nuclear missile,
chemical biological weaponry, or other weapons of mass destruction.

9.3 It is understood and agreed that, notwithstanding any other
provision of this Agreement, your breach of the provisions of Sections
2.0, or 3.0 of this Agreement will cause Sun and/or its licensors
irreparable damage for which recovery of money damages would be
inadequate, and that Sun and/or its licensors will therefore be
entitled to seek timely injunctive relief, without the necessity of
posting bond or other security, to protect Sun's and/or its licensors'
rights under this Agreement in addition to any and all remedies
available at law.

9.4 You may not assign or otherwise transfer any of your rights or
obligations under this Agreement, without the prior written consent of
Sun.

9.5 If any provision of this Agreement is held invalid by any law or
regulation of any government or by any court, such invalidity will not
affect the enforceability of any other provisions.

9.6 Any express waiver or failure to exercise promptly any right under
this Agreement will not create a continuing waiver or any expectation
of non-enforcement.

9.7 This Agreement is the parties' entire agreement relating to its
subject matter. It supersedes all prior or contemporaneous oral or
written communications, proposals, conditions, 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 to this Agreement will be binding, unless
in writing and signed by an authorized representative of each party.

SECTION B (BCL):

Sun Microsystems, Inc.
Binary Code License Agreement ("BCL")

THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE
TERMS ARE COLLECTIVELY TERMED THE "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 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 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 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 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.  4150 Network
Circle, Santa Clara, California 95054



Sun Java System Web Server 6.1 SP5 BCL/Rev 1.0 LFI#138769 04AUG04/DH

