Subversion Repositories general

                Sun Microsystems, Inc.

Binary Code License Agreement

READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED

SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY

"AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE

MEDIA PACKAGE.  BY OPENING THE SOFTWARE MEDIA

PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT.

IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY,

INDICATE YOUR ACCEPTANCE OF THESE TERMS BY

SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS

AGREEMENT.  IF YOU DO NOT AGREE TO ALL THESE

TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR

PLACE OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE

IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE"

BUTTON AT THE END OF THIS 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.  Software is not designed or

licensed for use in on-line control of aircraft,

air traffic, aircraft navigation or aircraft

communications; or in the design, construction,

operation or maintenance of any nuclear facility.

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.  901 San Antonio Road, Palo Alto, California

94303

SUPPLEMENTAL LICENSE TERMS

JDBCTM 2.0 INTERFACE CLASSES

These supplemental license terms ("Supplement")

add to or modify the terms of the Binary Code

License Agreement (collectively, the

"Agreement"). Capitalized terms not defined in

this Supplement shall have the same meanings

ascribed to them in the Agreement. These

Supplement terms shall supersede any inconsistent

or conflicting terms in the Agreement, or in any

license contained within the Software.

1. License to Distribute. Sun grants you a

non-exclusive, non-transferable, limited license

to reproduce and distribute the binary and/or

source code form of the Software to third party

end users through multiple tiers of distribution,

provided that you: (i) distribute the Software

complete and unmodified in its original Java

Archive file, and only bundled as a part of your

program that incorporates the Software

("Program"); (ii) do not distribute additional

software intended to replace any component(s) of

the Software; (iii) agree to incorporate the most

current version of the Software that was available

from Sun no later than 180 days prior to each

production release of the Program; (iv) do not

remove or alter any proprietary legends or notices

contained in or on the Software; (v) only

distribute the Program pursuant to a license

agreement that protects Sun's interest consistent

with the terms contained in the Agreement; (vi)

may not create, or authorize your licensees to cr!

eate additional classes, interfaces, or

subpackages that are contained in the "java"

"javax" or "sun" packages or similar as specified

by Sun in any class file naming convention; and

(vii) 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.

2. Trademarks and Logos. You acknowledge as

between you and Sun that Sun owns the Java

trademark and all Java-related trademarks, logos

and icons including the Coffee Cup and Duke ("Java

Marks") and agree to comply with the Java

Trademark Guidelines at

http://java.sun.com/trademarks.html.