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 Platform 
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.
