Pre-Release Software Evaluation Agreement

SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE 
THE JAVA SE DEVELOPMENT KIT (JDK), VERSION 6
PRE-RELEASE SOFTWARE TO LICENSEE ONLY UPON THE 
CONDITION THAT LICENSEE ACCEPTS ALL OF THE TERMS 
CONTAINED IN THIS LICENSE AGREEMENT ("AGREEMENT"). 
PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT 
CAREFULLY. BY DOWNLOADING OR INSTALLING THIS SOFTWARE, 
LICENSEE ACCEPTS THE TERMS AND CONDITIONS OF THIS 
LICENSE AGREEMENT. INDICATE ACCEPTANCE BY SELECTING 
THE "ACCEPT" BUTTON AT THE BOTTOM OF THIS AGREEMENT. 
IF LICENSEE IS NOT WILLING TO BE BOUND BY ALL THE 
TERMS, SELECT THE "DECLINE" BUTTON AT THE BOTTOM OF 
THE AGREEMENT AND THE DOWNLOAD OR INSTALL PROCESS WILL 
NOT CONTINUE.

1.0 DEFINITIONS "Licensed Software" means the Java SE 
Development Kit (JDK), Version 6 pre-release software 
in binary and/or source code forms, any other machine 
readable materials (including, but not limited to, 
libraries, source files, header files, and data 
files), Feedback (as defined in Section 5.0), any user 
manuals, programming guides and other documentation 
provided to Licensee by Sun under this Agreement.

2.0 LIMITED LICENSE 

2.1 Source Code. Sun grants to Licensee, a 
non-exclusive, non-transferable, royalty-free and 
limited license to view the source code portions of 
the Licensed Software internally for the purposes of 
evaluation only.  

2.2 Binary Code. Sun grants to Licensee, a 
non-exclusive, non-transferable, royalty-free and 
limited license to use the binary code portions of the 
Licensed Software internally for the purposes of 
evaluation only.

2.3 No licenses are granted to Licensee for any other 
purposes, Licensee may not sell, rent, loan or 
otherwise encumber or transfer Licensed Software in 
whole or in part, to any third party.

3.0 LICENSE RESTRICTIONS 

3.1 Licensee may not duplicate Licensed Software other 
than for a single copy of Licensed Software for 
archival purposes only. Licensee agrees to reproduce 
any copyright and other proprietary right notices on 
any such copy.  

3.2 Licensed Software is "Confidential Information".  
Licensee may not disclose or use Confidential 
Information, except for the purposes specified in this 
Agreement. Licensee will protect the Confidential 
Information with the same degree of care, as Licensee 
uses to protect its own Confidential Information.  

3.3 Except as otherwise provided by law, Licensee may 
not modify or create derivative works of the Licensed 
Software, or reverse engineer, disassemble or 
decompile binary portions of the Licensed Software, or 
otherwise attempt to derive the source code from such 
portions.  

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

3.5 Licensee shall have no right to use the Licensed 
Software for productive or commercial use.

3.6  Notwithstanding sections 3.1 and 3.3, and as a 
special exception thereto, Licensee may use the files 
from the Licensed Software with a virtual machine ("VM") 
derived from the HotSpot Virtual Machine source code 
("HotSpot") found at openjdk.dev.java.net.  This 
exception is subject to and conditioned upon the 
following: (i) The VM was created in accordance with 
the license terms governing "HotSpot";  (ii) Any 
activity under this exception is conducted solely 
internally and for evaluation purposes only; and 
(iii) Licensee is in compliance with all other terms 
of this License.

4.0 NO SUPPORT Sun is under no obligation to support 
Licensed Software or to provide Licensee with updates 
or error corrections (collectively "Software 
Updates"). If Sun, at its sole option, supplies 
Software Updates to Licensee, the Software Updates 
will be considered part of Licensed Software, and 
subject to the terms of this Agreement.

5.0 LICENSEE DUTIES Licensee agrees to evaluate and 
test the Software for use in Licensee's software 
environment and provide feedback to Sun in a manner 
reasonably requested by Sun. Any and all test results, 
error data, reports or other information, feedback or 
materials made or provided by Licensee relating to 
Software (collectively, "Feedback") are the exclusive 
property of Sun and Licensee hereby assigns all 
Feedback to Sun at no cost to Sun. Sun may use such 
Feedback in any manner and for any purpose, without 
limitation, liability or obligation to Licensee.

6.0 TERM AND TERMINATION OF AGREEMENT

6.1 This Agreement will commence on the date on which 
Licensee receives Licensed Software (the "Effective 
Date") and will expire twelve (12) months from the 
Effective Date, unless terminated earlier as provided 
herein.  

6.2 Either party may terminate this Agreement upon ten 
(10) days' written notice to the other party. However, 
Sun may terminate this Agreement immediately should 
any Licensed Software become, or in Sun's opinion be 
likely to become, the subject of a claim of 
infringement of a patent, trade secret or copyright.

6.3 Sun may terminate this Agreement immediately 
should Licensee materially breach any of its 
provisions or take any action in derogation of Sun's 
rights to the Confidential Information licensed to 
Licensee.  

6.4 Upon termination or expiration of this Agreement, 
Licensee will immediately cease use of and destroy 
Licensed Software, any copies thereof.  

6.5 Rights and obligations under this Agreement which 
by their nature should survive, will remain in effect 
after termination or expiration hereof.

7.0 INSTALLATION AND AUTO-UPDATE.  

The Software's installation and auto-update processes 
transmit a limited amount of data to Sun (or its 
service provider) about those specific processes to 
help Sun understand and optimize them.  Sun does not 
associate the data with personally identifiable 
information.  You can find more information about the 
data Sun collects at http://java.com/data/.

8.0 DISCLAIMER OF WARRANTY 

8.1 Licensee acknowledges that Licensed Software may 
contain errors and is not designed, licensed, or 
intended for use in the design, construction, 
operation or maintenance of any nuclear facility 
("HighRisk Activities"). Sun disclaims any express or 
implied warranty of fitness for such uses. Licensee 
represents and warrants to Sun that it will not use, 
distribute or license the Licensed Software for High 
Risk Activities.  

8.2 LICENSED SOFTWARE IS PROVIDED "AS IS". ALL EXPRESS 
OR IMPLIED CONDITIONS, REPRESENTATIONS, AND 
WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF 
MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A 
PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE 
DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS 
ARE HELD TO BE LEGALLY INVALID.

9.0 LIMITATION OF LIABILITY 

9.1 Licensee acknowledges that the Licensed Software 
may be experimental and that the Licensed Software may 
have defects or deficiencies, which cannot or will not 
be corrected by Sun. Licensee will hold Sun harmless 
from any claims based on Licensee's use of the 
Licensed Software for any purposes other than those of 
internal evaluation, and from any claims that later 
versions or releases of any Licensed Software 
furnished to Licensee are incompatible with the 
Licensed Software provided to Licensee under this 
Agreement.  

9.2 To the extent not prohibited by law, in no event 
will Sun be liable for any indirect, punitive, 
special, incidental or consequential damage 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 Sun has been 
previously advised of the possibility of such damage.

10.0 U.S. GOVERNMENT RESTRICTED RIGHTS If this 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 Software and accompanying documentation 
shall be only as set forth in this license; this is in 
accordance with 48 C.F.R. 227.7202-4 (for Department 
of Defense (DOD) acquisitions) and with 48 C.F.R. 
2.101 and 12.212 (for non-DOD acquisitions).

11.0 GENERAL TERMS 

11.1 Any action relating to or arising out of this 
Agreement will be governed by California law and 
controlling U.S. federal law. The U.N. Convention for 
the International Sale of Goods and the choice of law 
rules of any jurisdiction will not apply.  

11.2 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. Licensee agrees to 
comply strictly with all such laws and regulations and 
acknowledges that it has the responsibility to obtain 
such licenses to export, re-export or import as may be 
required after delivery to Licensee.  

11.3 It is understood and agreed that, notwithstanding 
any other provision of this Agreement, Licensee's 
breach of this Agreement will cause Sun irreparable 
damage for which recovery of money damages would be 
inadequate, and that Sun will therefore be entitled to 
seek timely injunctive relief to protect Sun's rights 
under this Agreement in addition to any and all 
remedies available at law.  

11.4 Neither party may assign or otherwise transfer 
any of its rights or obligations under this Agreement, 
without the prior written consent of the other party, 
except that Sun may assign this Agreement to an 
affiliated company.  

11.5 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, including any Binary Code 
Licenses, Supplemental Terms, or other licenses 
contained within Licensed Software. No modification to 
this Agreement will be binding, unless in writing and 
signed by an authorized representative of each party.
(LFI#151319/Form ID#011801) 

