Java Platform, Enterprise Edition 5 Tools Bundle Update 3 Preview

Please review the complete list of open-source licenses governing software 
included in this software. They can be found in the THIRDPARTYREADME.txt file.
Please review the list of libraries and licenses provided for use and 
redistribution by other parties. These libraries are redistributable subject to 
the conditions in the DISTRIBUTION.txt file.
This license file contains five distinct licenses.

LICENSE #1: The Common Development and Distribution License (CDDL) governs your 
use of: NetBeans Enterprise Pack 5.5.1 Modules and NetBeans 5.5.1, except for 
the JGo binaries, which are governed by the Software License Agreement below

LICENSE #2: The Software License Agreement governs your use of: Java Application 
Platform SDK Update 3 Preview 

*************************************************************************

LICENSE #1: 

COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)
Version 1.0

1. Definitions.

    1.1. "Contributor" means each individual or entity that creates or 
contributes to the creation of Modifications.

    1.2. "Contributor Version" means the combination of the Original Software, 
prior Modifications used by a Contributor (if any), and the Modifications made 
by that particular Contributor.

    1.3. "Covered Software" means (a) the Original Software, or (b) 
Modifications, or (c) the combination of files containing Original Software with 
files containing Modifications, in each case including portions thereof.

    1.4. "Executable" means the Covered Software in any form other than Source 
Code.

    1.5. "Initial Developer" means the individual or entity that first makes 
Original Software available under this License.

    1.6. "Larger Work" means a work which combines Covered Software or portions 
thereof with code not governed by the terms of this License.

    1.7. "License" means this document.

    1.8. "Licensable" means having the right to grant, to the maximum extent 
possible, whether at the time of the initial grant or subsequently acquired, any 
and all of the rights conveyed herein.

    1.9. "Modifications" means the Source Code and Executable form of any of the 
following:

        A. Any file that results from an addition to, deletion from or 
modification of the contents of a file containing Original Software or previous 
Modifications;

        B. Any new file that contains any part of the Original Software or 
previous Modification; or

        C. Any new file that is contributed or otherwise made available under 
the terms of this License.

    1.10. "Original Software" means the Source Code and Executable form of 
computer software code that is originally released under this License.

    1.11. "Patent Claims" means any patent claim(s), now owned or hereafter 
acquired, including without limitation, method, process, and apparatus claims, 
in any patent Licensable by grantor.

    1.12. "Source Code" means (a) the common form of computer software code in 
which modifications are made and (b) associated documentation included in or 
with such code.

    1.13. "You" (or "Your") means an individual or a legal entity exercising 
rights under, and complying with all of the terms of, this License. For legal 
entities, "You" includes any entity which controls, is controlled by, or is 
under common control with You. For purposes of this definition, "control"? 
means (a) the power, direct or indirect, to cause the direction or management of 
such entity, whether by contract or otherwise, or (b) ownership of more than 
fifty percent (50%) of the outstanding shares or beneficial ownership of such 
entity.

2. License Grants.

    2.1. The Initial Developer Grant.

    Conditioned upon Your compliance with Section 3.1 below and subject to third 
party intellectual property claims, the Initial Developer hereby grants You a 
world-wide, royalty-free, non-exclusive license:

        (a) under intellectual property rights (other than patent or trademark) 
Licensable by Initial Developer, to use, reproduce, modify, display, perform, 
sublicense and distribute the Original Software (or portions thereof), with or 
without Modifications, and/or as part of a Larger Work; and

        (b) under Patent Claims infringed by the making, using or selling of 
Original Software, to make, have made, use, practice, sell, and offer for sale, 
and/or otherwise dispose of the Original Software (or portions thereof).

        (c) The licenses granted in Sections 2.1(a) and (b) are effective on the 
date Initial Developer first distributes or otherwise makes the Original 
Software available to a third party under the terms of this License.

        (d) Notwithstanding Section 2.1(b) above, no patent license is granted: 
(1) for code that You delete from the Original Software, or (2) for 
infringements caused by: (i) the modification of the Original Software, or (ii) 
the combination of the Original Software with other software or devices.

    2.2. Contributor Grant.

    Conditioned upon Your compliance with Section 3.1 below and subject to third 
party intellectual property claims, each Contributor hereby grants You a 
world-wide, royalty-free, non-exclusive license:

        (a) under intellectual property rights (other than patent or trademark) 
Licensable by Contributor to use, reproduce, modify, display, perform, 
sublicense and distribute the Modifications created by such Contributor (or 
portions thereof), either on an unmodified basis, with other Modifications, as 
Covered Software and/or as part of a Larger Work; and

        (b) under Patent Claims infringed by the making, using, or selling of 
Modifications made by that Contributor either alone and/or in combination with 
its Contributor Version (or portions of such combination), to make, use, sell, 
offer for sale, have made, and/or otherwise dispose of: (1) Modifications made 
by that Contributor (or portions thereof); and (2) the combination of 
Modifications made by that Contributor with its Contributor Version (or portions 
of such combination).

        (c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective on 
the date Contributor first distributes or otherwise makes the Modifications 
available to a third party.

        (d) Notwithstanding Section 2.2(b) above, no patent license is granted: 
(1) for any code that Contributor has deleted from the Contributor Version; (2) 
for infringements caused by: (i) third party modifications of Contributor 
Version, or (ii) the combination of Modifications made by that Contributor with 
other software (except as part of the Contributor Version) or other devices; or 
(3) under Patent Claims infringed by Covered Software in the absence of 
Modifications made by that Contributor.

3. Distribution Obligations.

    3.1. Availability of Source Code.

    Any Covered Software that You distribute or otherwise make available in 
Executable form must also be made available in Source Code form and that Source 
Code form must be distributed only under the terms of this License. You must 
include a copy of this License with every copy of the Source Code form of the 
Covered Software You distribute or otherwise make available. You must inform 
recipients of any such Covered Software in Executable form as to how they can 
obtain such Covered Software in Source Code form in a reasonable manner on or 
through a medium customarily used for software exchange.

    3.2. Modifications.

    The Modifications that You create or to which You contribute are governed by 
the terms of this License. You represent that You believe Your Modifications are 
Your original creation(s) and/or You have sufficient rights to grant the rights 
conveyed by this License.

    3.3. Required Notices.

    You must include a notice in each of Your Modifications that identifies You 
as the Contributor of the Modification. You may not remove or alter any 
copyright, patent or trademark notices contained within the Covered Software, or 
any notices of licensing or any descriptive text giving attribution to any 
Contributor or the Initial Developer.

    3.4. Application of Additional Terms.

    You may not offer or impose any terms on any Covered Software in Source Code 
form that alters or restricts the applicable version of this License or the 
recipients' rights hereunder. You may choose to offer, and to charge a fee for, 
warranty, support, indemnity or liability obligations to one or more recipients 
of Covered Software. However, you may do so only on Your own behalf, and not on 
behalf of the Initial Developer or any Contributor. You must make it absolutely 
clear that any such warranty, support, indemnity or liability obligation is 
offered by You alone, and You hereby agree to indemnify the Initial Developer 
and every Contributor for any liability incurred by the Initial Developer or 
such Contributor as a result of warranty, support, indemnity or liability terms 
You offer.

    3.5. Distribution of Executable Versions.

    You may distribute the Executable form of the Covered Software under the 
terms of this License or under the terms of a license of Your choice, which may 
contain terms different from this License, provided that You are in compliance 
with the terms of this License and that the license for the Executable form does 
not attempt to limit or alter the recipient's rights in the Source Code form 
from the rights set forth in this License. If You distribute the Covered 
Software in Executable form under a different license, You must make it 
absolutely clear that any terms which differ from this License are offered by 
You alone, not by the Initial Developer or Contributor. You hereby agree to 
indemnify the Initial Developer and every Contributor for any liability incurred 
by the Initial Developer or such Contributor as a result of any such terms You 
offer.

    3.6. Larger Works.

    You may create a Larger Work by combining Covered Software with other code 
not governed by the terms of this License and distribute the Larger Work as a 
single product. In such a case, You must make sure the requirements of this 
License are fulfilled for the Covered Software.

4. Versions of the License.

    4.1. New Versions.

    Sun Microsystems, Inc. is the initial license steward and may publish 
revised and/or new versions of this License from time to time. Each version will 
be given a distinguishing version number. Except as provided in Section 4.3, no 
one other than the license steward has the right to modify this License.

    4.2. Effect of New Versions.

    You may always continue to use, distribute or otherwise make the Covered 
Software available under the terms of the version of the License under which You 
originally received the Covered Software. If the Initial Developer includes a 
notice in the Original Software prohibiting it from being distributed or 
otherwise made available under any subsequent version of the License, You must 
distribute and make the Covered Software available under the terms of the 
version of the License under which You originally received the Covered Software. 
Otherwise, You may also choose to use, distribute or otherwise make the Covered 
Software available under the terms of any subsequent version of the License 
published by the license steward.

    4.3. Modified Versions.

    When You are an Initial Developer and You want to create a new license for 
Your Original Software, You may create and use a modified version of this 
License if You: (a) rename the license and remove any references to the name of 
the license steward (except to note that the license differs from this License); 
and (b) otherwise make it clear that the license contains terms which differ 
from this License.

5. DISCLAIMER OF WARRANTY.

COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN ??AS IS? BASIS, WITHOUT 
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT 
LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS, 
MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS 
TO THE QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY 
COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER 
OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR 
CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS 
LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER 
THIS DISCLAIMER.

6. TERMINATION.

    6.1. This License and the rights granted hereunder will terminate 
automatically if You fail to comply with terms herein and fail to cure such 
breach within 30 days of becoming aware of the breach. Provisions which, by 
their nature, must remain in effect beyond the termination of this License shall 
survive.

    6.2. If You assert a patent infringement claim (excluding declaratory 
judgment actions) against Initial Developer or a Contributor (the Initial 
Developer or Contributor against whom You assert such claim is referred to as 
??Participant?) alleging that the Participant Software (meaning the 
Contributor Version where the Participant is a Contributor or the Original 
Software where the Participant is the Initial Developer) directly or indirectly 
infringes any patent, then any and all rights granted directly or indirectly to 
You by such Participant, the Initial Developer (if the Initial Developer is not 
the Participant) and all Contributors under Sections 2.1 and/or 2.2 of this 
License shall, upon 60 days notice from Participant terminate prospectively and 
automatically at the expiration of such 60 day notice period, unless if within 
such 60 day period You withdraw Your claim with respect to the Participant 
Software against such Participant either unilaterally or pursuant to a written 
agreement with Participant.

    6.3. If You assert a patent infringement claim against Participant alleging 
that the Participant Software directly or indirectly infringes any patent where 
such claim is resolved (such as by license or settlement) prior to the 
initiation of patent infringement litigation, then the reasonable value of the 
licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken 
into account in determining the amount or value of any payment or license.

    6.4. In the event of termination under Sections 6.1 or 6.2 above, all end 
user licenses that have been validly granted by You or any distributor hereunder 
prior to termination (excluding licenses granted to You by any distributor) 
shall survive termination.

7. LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING 
NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER 
CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF 
SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR 
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES 
FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND 
ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN 
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL 
NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S 
NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME 
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR 
CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.

8. U.S. GOVERNMENT END USERS.

The Covered Software is a ??commercial item,? as that term is defined in 48 
C.F.R. 2.101 (Oct. 1995), consisting of ??commercial computer software? (as 
that term is defined at 48 C.F.R. § 252.227-7014(a)(1)) and ??commercial 
computer software documentation? as such terms are used in 48 C.F.R. 12.212 
(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 
227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Software 
with only those rights set forth herein. This U.S. Government Rights clause is 
in lieu of, and supersedes, any other FAR, DFAR, or other clause or provision 
that addresses Government rights in computer software under this License.

9. MISCELLANEOUS.

This License represents the complete agreement concerning subject matter hereof. 
If any provision of this License is held to be unenforceable, such provision 
shall be reformed only to the extent necessary to make it enforceable. This 
License shall be governed by the law of the jurisdiction specified in a notice 
contained within the Original Software (except to the extent applicable law, if 
any, provides otherwise), excluding such jurisdiction's conflict-of-law 
provisions. Any litigation relating to this License shall be subject to the 
jurisdiction of the courts located in the jurisdiction and venue specified in a 
notice contained within the Original Software, with the losing party responsible 
for costs, including, without limitation, court costs and reasonable attorneys' 
fees and expenses. The application of the United Nations Convention on Contracts 
for the International Sale of Goods is expressly excluded. Any law or regulation 
which provides that the language of a contract shall be construed against the 
drafter shall not apply to this License. You agree that You alone are 
responsible for compliance with the United States export administration 
regulations (and the export control laws and regulation of any other countries) 
when You use, distribute or otherwise make available any Covered Software.

10. RESPONSIBILITY FOR CLAIMS.

As between Initial Developer and the Contributors, each party is responsible for 
claims and damages arising, directly or indirectly, out of its utilization of 
rights under this License and You agree to work with Initial Developer and 
Contributors to distribute such responsibility on an equitable basis. Nothing 
herein is intended or shall be deemed to constitute any admission of liability.

NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND DISTRIBUTION LICENSE 
(CDDL)

The NetBeans code released under the CDDL shall be governed by the laws of the 
State of California (excluding conflict-of-law provisions). Any litigation 
relating to this License shall be subject to the jurisdiction of the Federal 
Courts of the Northern District of California and the state courts of the State 
of California, with venue lying in Santa Clara County, California. 


*************************************************************************


LICENSE #2: 


Sun Microsystems, Inc. ("Sun") ENTITLEMENT for SOFTWARE

Licensee/Company: Entity receiving Software.

Effective Date: Date of delivery of the Software to You.

Software: Java Application Platform SDK Update 3 Preview, which includes the 
following: 

(i) Sun Java System Application Server 9.1 Beta,
(ii) Open ESB 2.0 Beta,
(iii) Sun Java System Access Manager 7.1, 
(iv) Java Platform Enterprise Edition 5 Samples,
(v) Java BluePrints, 
(vi) API Documentation,
(vii) Your First Cup: An Introduction to the Java EE Platform, 
(viii) Portlet Container 1.0, and
(ix) Sun Web Developer Pack Release 1

License Term:  Perpetual (subject to termination under the SLA).

Licensed Unit: Software Copy.

Licensed unit Count: Unlimited.

Permitted Uses:

1. With the exception of Sun Java System Application Server 9.1 Beta, Open ESB 
2.0 Beta, Sun Web Developer Pack Release 1, You may reproduce and use the 
Software for Individual, Commercial, Service Provider and Research and 
Instructional Use only for the purposes of designing, developing, testing, and 
running Your applets and application ("Programs"). You may reproduce and use Sun 
Java System Application Server 9.1 Beta and Open ESB 2.0 Beta for Evaluation Use 
only. You may reproduce Sun Web Developer Pack Release 1 for Evaluation and 
Deployment Use only.

2. Subject to the terms and conditions of this Agreement and restrictions and 
exceptions set forth in the Software's documentation, You may reproduce and 
distribute portions of Software identified as a redistributable in the 
documentation ("Redistributable"), provided that:

(a) you distribute Redistributable complete and unmodified and only bundled as 
part of Your Programs, 

(b) your Programs add significant and primary functionality to the 
Redistributable, 

(c) you distribute Redistributable for the sole purpose of running your 
Programs,

(d) you do not distribute additional software intended to replace any
component(s) of the Redistributable,

(e) you do not remove or alter any proprietary legends or notices contained in 
or on the Redistributable.
 
(f) you only distribute the Redistributable subject to a license agreement that 
protects Sun's interests consistent with the terms contained in this
Agreement, and

(g) you agree to defend and indemnify Sun and its licensors from and against any 
damages, costs, liabilities, settlement amounts and/or expenses  (including 
attorneys' fees) incurred in connection with any claim, lawsuit or action by any 
third party that arises or results from the use or distribution of any and all 
Programs and/or Redistributable.

3. Java Technology Restrictions.  You may not create, modify, or change the 
behavior of, or authorize your licensees to create, modify, or change the 
behavior of, classes, interfaces, or subpackages that are in any way identified 
as "java", "javax", "sun" or similar convention as specified by Sun in any 
naming convention designation.



Sun Microsystems, Inc. ENTITLEMENT for SOFTWARE 

Licensee/Company: Entity receiving Software.

Effective Date:  Date Sun delivers the Software to You.

Software: JGo Software 5.1.

License Term:  Perpetual (subject to termination under the SLA).

Licensed Unit: Software Copy.

Licensed unit Count: Unlimited.

Permitted Uses: You may reproduce and use the Software for Individual, 
Commercial, Research and Instructional and Service Provider Use, subject to and 
conditioned on Your compliance with the Additional Terms below.

Additional Terms:

1. Software includes only the versions of the above products that are made 
initially available to You.

2. Notwithstanding anything to the contrary in any Master Terms between the 
parties or in the SLA, Master Terms do not apply to Software under this 
Agreement.

3. You may only use the JGo software in binary form and only in conjunction with 
the associated Sun products.


Sun Microsystems, Inc. ("Sun")
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 "EXIT") 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 are 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.	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.

7.	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.

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. 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). 

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.

