Sun Microsystems, Inc. ("Sun") SOFTWARE LICENSE 
AGREEMENT and ENTITLEMENT for SOFTWARE

A. ENTITLEMENT for SOFTWARE

THIS ENTITLEMENT EVIDENCES YOUR RIGHT TO USE THE 
SOFTWARE UNDER THE TERMS OF THE SUN MICROSYSTEMS, INC. 
SOFTWARE LICENSE AGREEMENT FOR THE SUN SOFTWARE INDICATED 
HEREIN UNLESS OTHERWISE AGREED IN WRITING BETWEEN YOU 
AND SUN MICROSYSTEMS, INC. 

Licensee/Company: Entity downloading or installing Software.

Effective Date: The earlier of the date of first install 
or the date of download.

Software: Sun Java System Application Server Enterprise 
Edition 8.1 2005Q2 UR2

Permitted Use:   Service Provider Use

License Term:  Perpetual

Licensed Unit: Users

Licensed unit Count: Unlimited  

B. SOFTWARE LICENSE AGREEMENT

READ THE TERMS OF THIS AGREEMENT ("AGREEMENT") CAREFULLY 
BEFORE OPENING SOFTWARE MEDIA PACKAGE. BY OPENING SOFTWARE 
MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. 
IF YOU ARE ACCESSING SOFTWARE ELECTRONICALLY, INDICATE 
YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" 
(OR EQUIVALENT) BUTTON AT THE END OF THIS AGREEMENT. IF 
YOU DO NOT AGREE TO ALL OF THE TERMS, PROMPTLY RETURN THE 
UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE FOR A REFUND OR, 
IF SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE" 
(OR EQUIVALENT) BUTTON AT THE END OF THIS AGREEMENT. IF YOU 
HAVE SEPARATELY AGREED TO LICENSE TERMS ("MASTER TERMS") 
FOR YOUR LICENSE TO THIS SOFTWARE, THEN SECTIONS 1-6 OF 
THIS AGREEMENT ("SUPPLEMENTAL LICENSE TERMS") SHALL 
SUPPLEMENT AND SUPERSEDE THE MASTER TERMS IN RELATION 
TO THIS SOFTWARE.

1. Definitions.

(a) "Entitlement" means the collective set of applicable 
documents authorized by Sun evidencing your obligation to 
pay associated fees (if any) for the license, associated 
Services, and the authorized scope of use of Software 
under this Agreement.

(b) "Licensed Unit" means the unit of measure by which 
your use of Software and/or Service is licensed, as 
described in your Entitlement.

(c) "Permitted Use" means the licensed Software use(s) 
authorized in this Agreement as specified in your Entitlement.
The Permitted Use for any bundled Sun software not specified 
in your Entitlement will be evaluation use as provided 
in Section 3.

(d) "Service" means the service(s) that Sun or its 
delegate will provide, if any, as selected in your 
Entitlement and as further described in the applicable 
service listings at www.sun.com/service/servicelist.

(e) "Software" means the Sun software described in your 
Entitlement. Also, certain software may be included for 
evaluation use under Section 3. 

(f) "You" and "Your" means the individual or legal entity 
specified in the Entitlement, or for evaluation purposes, 
the entity performing the evaluation.

2. License Grant and Entitlement.

Subject to the terms of your Entitlement, Sun grants you 
a nonexclusive, nontransferable limited license to use 
Software for its Permitted Use for the license term. Your 
Entitlement will specify (a) Software licensed, (b) the 
Permitted Use, (c) the license term, and (d) the Licensed Units. 

Additionally, if your Entitlement includes Services, then it 
will also specify the (e) Service and (f) service term. 

If your rights to Software or Services are limited in 
duration and the date such rights begin is other than the 
purchase date, your Entitlement will provide that beginning date(s).

The Entitlement may be delivered to you in various ways 
depending on the manner in which you obtain Software and 
Services, for example, the Entitlement may be provided in 
your receipt, invoice or your contract with Sun or authorized 
Sun reseller. It may also be in electronic format if you 
download Software.

3. Permitted Use.

As selected in your Entitlement, one or more of the following 
Permitted Uses will apply to your use of Software. Unless you 
have an Entitlement that expressly permits it, you may not use 
Software for any of the other Permitted Uses. If you don't have 
an Entitlement, or if your Entitlement doesn't cover additional 
software delivered to you, then such software is for your 
Evaluation Use.

(a) Evaluation Use. You may evaluate Software internally for 
a period of 90 days from your first use. 

(b) Research and Instructional Use. You may use Software 
internally to design, develop and test, and also to provide 
instruction on such uses.

(c) Individual Use. You may use Software internally for 
personal, individual use.

(d) Commercial Use. You may use Software internally for 
your own commercial purposes. 

(e) Service Provider Use. You may make Software functionality 
accessible (but not by providing Software itself or through 
outsourcing services) to your end users in an extranet 
deployment, but not to your affiliated companies or to 
government agencies.

4. Licensed Units.

Your Permitted Use is limited to the number of Licensed Units 
stated in your Entitlement. If you require additional Licensed 
Units, you will need additional Entitlement(s).

5. Restrictions.

(a) 
The copies of Software provided to 
you under this Agreement is licensed, 
not sold, to you by Sun
. Sun reserves all rights not expressly 
granted. (b) You may 
make a single archival copy of Software
, but otherwise may not copy, 
modify, or distribute Software. However if the Sun 
documentation accompanying Software lists specific 
portions of Software, such as header files, class libraries, 
reference source code, and/or redistributable files, that 
may be handled differently, you may do so only as provided 
in the Sun documentation. (c) You may not rent, lease, 
lend or encumber Software. (d) Unless enforcement is 
prohibited by applicable law, you may not decompile, or 
reverse engineer Software. (e) The terms and conditions of 
this Agreement will apply to any Software updates, provided 
to you at Sun's discretion, that replace and/or supplement 
the original Software, unless such update contains a separate 
license. (f) You may not publish or provide the results of 
any benchmark or comparison tests run on Software to any third 
party without the prior written consent of Sun. (g) Software 
is confidential and copyrighted. (h) Unless otherwise 
specified, if Software is delivered with embedded or bundled 
software that enables functionality of Software, you may not 
use such software on a stand-alone basis or use any portion of 
such software to interoperate with any program(s) other than 
Software. (i) Software may contain programs that perform 
automated collection of system data and/or automated software 
updating services. System data collected through such programs 
may be used by Sun, its subcontractors, and its service delivery 
partners for the purpose of providing you with remote system 
services and/or improving Sun's software and systems. (j) Software 
is not designed, licensed or intended for use in the design, 
construction, operation or maintenance of any nuclear facility 
and Sun and its licensors disclaim any express or implied 
warranty of fitness for such uses. (k) 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.

6. Java Compatibility and Open Source.

Software may contain Java technology. You may not create 
additional classes to, or modifications of, the Java technology,
except under compatibility requirements available under a 
separate agreement available at www.java.net.

Sun supports and benefits from the global community of open 
source developers, and thanks the community for its important 
contributions and open standards-based technology, which Sun 
has adopted into many of its products.

Please note that portions of Software may be provided with 
notices and open source licenses from such communities and 
third parties that govern the use of those portions, and 
any licenses granted hereunder do not alter any rights and 
obligations you may have under such open source licenses, 
however, the disclaimer of warranty and limitation of 
liability provisions in this Agreement will apply to all 
Software in this distribution.

7. Term and Termination. 

The license and service term are set forth in your 
Entitlement(s). Your rights under this Agreement will 
terminate immediately without notice from Sun if you 
materially breach it or take any action in derogation of 
Sun's and/or its licensors' rights to Software. Sun may 
terminate this Agreement should any Software become, or 
in Sun's reasonable opinion likely to become, the subject 
of a claim of intellectual property infringement or trade 
secret misappropriation. Upon termination, you will cease 
use of, and destroy, Software and confirm compliance in 
writing to Sun. Sections 1, 5, 6, 7, and 9-15 will survive 
termination of the Agreement.

8. Limited Warranty. 

Sun warrants to you that for a period of 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. 
Some states do not allow limitations on certain implied 
warranties, so the above may not apply to you. This limited 
warranty gives you specific legal rights. You may have others, 
which vary from state to state.

9. 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. 

10. 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. Some states do not 
allow the exclusion of incidental or consequential damages, 
so some of the terms above may not be applicable to you. 

11. Export Regulations. 

All Software, documents, technical data, and any other 
materials 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 these laws and regulations and acknowledge 
that you have the responsibility to obtain any licenses to 
export, re-export, or import as may be required after delivery to you. 

12. U.S. Government Restricted Rights. 

If Software is being acquired by or on behalf of the U.S. 
Governmentor 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). 

13. 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. 

14. 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.

15. Integration. 

This Agreement, including any terms contained in your Entitlement,
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.

Please contact Sun Microsystems, Inc. 4150 Network Circle, 
Santa Clara, California 95054 if you have questions.
