JAVA WEB SERVICES DEVELOPER PACK, VERSION 1.6 Sun Microsystems Inc. Software License Agreement SUN IS WILLING TO LICENSE THE ACCOMPANYING BINARY SOFTWARE IN MACHINE-READABLE FORM, TOGETHER WITH ACCOMPANYING DOCUMENTATION (COLLECTIVELY "SOFTWARE") TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITION CONTAINED IN THIS SOFTWARE LICENSE AGREEMENT. READ THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS SOFTWARE LICENSE AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS SOFTWARE LICENSE 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 SOFTWARE LICENSE AGREEMENT. LICENSE TO EVALUATE EA SOFTWARE: The Binary Code License Agreement ("BCL") and the Evaluation Terms ("Evaluation Terms") below shall apply to the portions of the Software identified as Early Access in the Software's Release Notes. The BCL and the Evaluation Terms shall collectively be referred to as the Evaluation Agreement ("Evaluation Agreement"). LICENSE TO USE FCS SOFTWARE: The BCL and the Supplemental Terms ("Supplemental Terms") provided following the BCL shall apply to portions of the Software identified as FCS Software in the Software's Release Notes. BCL and the Supplemental Terms shall collectively be referred to as the Agreement ("Agreement"). EVALUATION TERMS The terms of the Evaluation Agreement shall apply to portions of Software identified as Early Access in the Software's Release Notes ("Software"). These Evaluation Terms add to or modify the terms of the BCL. Capitalized terms not defined in these Evaluation Terms shall have the same meanings ascribed to them in the BCL. These Evaluation Terms shall supersede any inconsistent or conflicting terms in the BCL below, or in any license contained within the Software. I. LICENSE TO EVALUATE. Sun grants to you, a non-exclusive, non-transferable, royalty-free and limited license to use one (1) copy of the Software internally for the purposes of evaluation only for one hundred eighty (180) days after the date you download the Software from Sun ("Evaluation Period"). No license is granted to you for any other purpose. You may not sell, rent, loan or otherwise encumber or transfer the Software in whole or in part, to any third party. Licensee shall have no right to use the Software for productive or commercial use. II. DUTIES. You agree to evaluate and test the Software for use in your 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 you relating to Software (collectively, "Feedback") is the exclusive property of Sun and you 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 you. III. CONFIDENTIAL INFORMATION. For purposes of the Evaluation Agreement, "Confidential Information" means: (i) business and technical information and any source code or binary code, which Sun discloses to Licensee related to Software; (ii) Licensee's feedback based on Software; and (iii) the terms, conditions, and existence of this Agreement. Licensee may not disclose or use Confidential Information, except for the purposes specified in this Agreement. You will protect the Confidential Information with the same degree of care, but not less than a reasonable degree of care, as Licensee uses to protect its own Confidential Information. You must restrict access to Confidential Information to your employees or contractors with a need for access to perform their employment or contractual obligations and who have agreed in writing to be bound by a confidentiality obligation, which incorporates the protections and restrictions substantially as set forth in this Agreement. Your obligations regarding Confidential Information will expire no less than five (5) years from the date of receipt of the Confidential Information, except for Sun source code which will be protected in perpetuity. You agree that Software contains Sun trade secrets. Notwithstanding any provisions contained in this Agreement concerning nondisclosure and non-use of the Confidential Information, the nondisclosure obligations of this section will not apply to any portion of Confidential Information that you can demonstrate in writing is: (i) now, or hereafter through no act or failure to act on the part of you becomes, generally known to the public; (ii) known to you at the time of receiving the Confidential Information without an obligation of confidentiality; (iii) hereafter rightfully furnished to you by a third party without restriction on disclosure; or (iv) independently developed by you without any use ofthe Confidential Information. IV. TERMINATION AND/OR EXPIRATION. Upon expiration of the Evaluation Period, unless terminated earlier by Sun, you agree to immediately cease use of and destroy Software. Either party may terminate this Evaluation Agreement upon ten (10) days' written notice to the other party. However, Sun may terminate this Evaluation Agreement immediately should any 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. Sun may terminate this Evaluation Agreement immediately should you materially breach any of its provisions or take any action in derogation of Sun's rights to the Confidential Information licensed to you. Upon termination or expiration of this Evaluation Agreement, you will immediately cease use of and destroy Software, any copies thereof and provide to Sun a written statement certifying that you have complied with the foregoing obligations. Rights and obligations under this Evaluation Agreement which by their nature should survive, will remain in effect after termination or expiration hereof. V. NO SUPPORT. Sun is under no obligation to support Software or to provide upgrades or error corrections ("Software Updates") to the Software. If Sun, at its sole option, supplies Software Updates to you, the Software Updates will be considered part of Software, and subject to the terms of this Agreement. VI. LIMITATION OF LIABILITY. Licensee acknowledges that the Software may be experimental and that the 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 Software for any purposes other than those of internal evaluation, and from any claims that later versions or releases of any Software furnished to Licensee are incompatible with the Software provided to Licensee under this Agreement. VII. NO SUPPLEMENTAL TERMS. The Supplemental Terms following the BCL do not apply to the Evaluation Agreement. Portions of Software identified as Early Access in the Software's Release Notes may not be redistributed even if identified as Redistributable in the Software's Release Notes. VIII. Trademarks and Logos. You acknowledge and agree as between you and Sun that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET-related trademarks, service marks, logos and other brand designations ("Sun Marks"), and you agree to comply with the Sun Trademark and Logo Usage Requirements currently located at http://www.sun.com/policies/trademarks. Any use you make of the Sun Marks inures to Sun's benefit. IX. Source Code. Software may contain source code that is provided solely for reference purposes pursuant to the terms of this Agreement. Source code may not be redistributed. X. Third Party Licenses. Additional copyright notices and license terms applicable to portions of the software are set forth in the THIRDPARTYLICENSEREADME file. 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. Licensee acknowledges that Licensed Software is not designed or intended for use in the design, construction, operation or maintenance of any nuclear facility. Sun Microsystems, Inc. disclaims any express or implied warranty of fitness for such uses. 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. SUPPLEMENTAL LICENSE TERMS These supplemental license terms ("Supplemental Terms") add to or modify the terms of the Binary Code License Agreement (collectively, the "Agreement"). Capitalized terms not defined in these Supplemental Terms shall have the same meanings ascribed to them in the Agreement. These Supplemental Terms shall supersede any inconsistent or conflicting terms in the Agreement, or in any license contained within the Software. A. Software Internal Use and Development License Grant. Subject to the terms and conditions of this Agreement, including, but not limited to Section C (Java Technology Restrictions) of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license to reproduce internally and use internally the binary form of the Software complete and unmodified for the purposes of designing, developing, testing, and running your Java applets and applications intended to run on the Java platform ("Programs"), except for certain files identified in the Software "Release Notes" file which may only be used for the purposes of designing, developing, and testing Programs. B. License to Distribute Redistributables. Subject to the terms and conditions of this Agreement, including but not limited to Section C (Java Technology Restrictions) of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license to reproduce and distribute those components specifically identified as redistributable in the Software "Release Notes" file ("Redistributables") provided that: (i) you distribute the Redistributables complete and unmodified (unless otherwise specified in the applicable Release Notes file), and only bundled as part of your Programs, (ii) you do not distribute additional software intended to supersede any portion of the Redistributables, (iii) you do not remove or alter any proprietary legends or notices contained in or on the Redistributables, (iv) you only distribute the Redistributables pursuant to a license agreement that protects Sun's interests consistent with the terms contained in the Agreement, (v) 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 Software, and (vi) if you distribute the Java Secure Socket Extension package, include the following statement as part of product documentation (whether hard copy or electronic), as a part of a copyright page or proprietary rights notice page, in an "About" box or in any other form reasonably designed to make the statement visible to users of the Software: "This product includes code licensed from RSA Data Security". C. Java Technology Restrictions. You may not modify the Java Platform Interface ("JPI", identified as classes contained within the "java" package or any subpackages of the "java" package), by creating additional classes within the JPI or otherwise causing the addition to or modification of the classes in the JPI. In the event that you create an additional class and associated API(s) which (i) extends the functionality of the Java platform, and (ii) is exposed to third party software developers for the purpose of developing additional software which invokes such additional API, you must promptly publish broadly an accurate specification for such API for free use by all developers. You may not create, or authorize your licensees to create, additional 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. D. Java Runtime Availability. Refer to the appropriate version of the Java Runtime Environment binary code license (currently located at http://www.java.sun.com/jdk/index.html) for the availability of runtime code which may be distributed with Java applets and applications. E. Trademarks and Logos. You acknowledge and agree as between you and Sun that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET-related trademarks, service marks, logos and other brand designations ("Sun Marks"), and you agree to comply with the Sun Trademark and Logo Usage Requirements currently located at http://www.sun.com/policies/trademarks. Any use you make of the Sun Marks inures to Sun's benefit. F. Source Code. Software may contain source code that is provided solely for reference purposes pursuant to the terms of this Agreement. Source code may not be redistributed unless expressly provided for in this Agreement. G. Third Party Licenses. Additional copyright notices and license terms applicable to portions of the software are set forth in the THIRDPARTYLICENSEREADME file. H. Termination for Infringement. Either party may terminate this Agreement immediately should any Software become, or in either party'sopinion be likely to become, the subject of a claim of infringement of any intellectual property right. For inquiries please contact: Sun Microsystems, Inc. 4150 Network Circle, Santa Clara, California 95054.