IMPORTANT-READ CAREFULLY: This Microsoft End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Microsoft Corporation for the Microsoft software product identified above, which includes computer software and associated media and printed materials, and may include "online" or electronic documentation ("SOFTWARE PRODUCT" or "SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

1. GRANT OF LICENSE. This EULA grants you the following limited, non-exclusive rights:

Software Product. You may install and use the enclosed SOFTWARE PRODUCT on a single computer to design, develop, and test software application and tool products (each, a "Product") for use with Microsoft virtual machine for Java (the "Microsoft VM").

Sample Code. You may modify the sample source code identified in the REDIST.HTM file in the SOFTWARE PRODUCT as "sample code" ("Sample Code") to design, develop, and test your Product and you may also reproduce and distribute the Sample Code, along with any modifications you make, in byte code form, subject to the "Distribution Requirements" described below. For purposes of this section, "modifications" shall mean enhancements to the functionality of the Sample Code.

Redistributable Code. You may reproduce and distribute the portions of the SOFTWARE PRODUCT that are identified as redistributable files in the REDIST.HTM file ("Redistributable Code") in object code form, subject to the "Distribution Requirements" described below.

MicrosoftVM. You may reproduce and distribute the MicrosoftVM in object code form, subject to the "Distribution Requirements for VM" described below.

Distribution and Redistribution Requirements for Redistributable Components. You may copy and redistribute the Sample Code and/or Redistributable Code (collectively "REDISTRIBUTABLE COMPONENTS"), and grant end users of your Product the further right to license and redistribute the REDISTRIBUTABLE COMPONENTS, provided that (a) you distribute the REDISTRIBUTABLE COMPONENTS only in conjunction with, and as a part of, your Product; (b) your Product and your end users' application products add significant and primary functionality to the REDISTRIBUTABLE COMPONENTS; (c) the REDISTRIBUTABLE COMPONENTS only operate in conjunction with Microsoft VM; (d) you do not use Microsoft's name, logo, or trademarks to market your Product; (e) you include a valid copyright notice on your Product; and (f) you agree to indemnify, hold harmless, and defend Microsoft from and against any claims or lawsuits, including attorneys' fees, that arise or result from the use or distribution of your Product, except to the extent that you are indemnified by Microsoft according to the terms of this EULA.

Distribution and Redistribution Requirements for Microsoft VM. You may copy and redistribute the Microsoft VM, and grant end users of your Product the further right to license and redistribute the Microsoft VM, provided that: (a) you distribute the Microsoft VM only in conjunction with, and as a part of, your Product; (b) your Product and your end users' application products add significant and primary functionality to the Microsoft VM; (c) you do not use Microsoft's name, logo, or trademarks to market your Product; (d) you include a valid copyright notice on your Product; and (e) you agree to indemnify, hold harmless, and defend Microsoft from and against any claims or lawsuits, including attorneys' fees, that arise or result from the use or distribution of your Product, except to the extent that you are indemnified by Microsoft according to the terms of this EULA. Please complete the SDK registration form at http://www.microsoft.com/java/ before distributing the Microsoft VM in any Product. Contact Microsoft for the applicable royalties due and other licensing terms for all other uses and/or distribution of the Microsoft VM.

Microsoft reserves all rights not expressly granted to you.

2. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Microsoft or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may install the SOFTWARE PRODUCT on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.

3. PRERELEASE CODE. The SOFTWARE PRODUCT may contain PRERELEASE CODE that is not at the level of performance and compatibility of the final, generally available, product offering. These portions of the SOFTWARE PRODUCT may not operate correctly and may be substantially modified prior to first commercial shipment. Microsoft is not obligated to make this or any later version of the SOFTWARE PRODUCT commercially available. Microsoft grants you the right to distribute test versions of your Product created using the PRERELEASE CODE provided you comply with the Distribution Requirements described in Section 1 and the following additional provisions: (a) you must mark the test version of your Product "BETA" and (b) you are solely responsible for updating your customers with versions of your Product that operate satisfactorily with the final commercial release of the PRERELEASE CODE. In order to determine what constitutes PRERELEASE CODE, consult the README.DOC file located in the SOFTWARE PRODUCT.

4. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer.

Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.

Support Services. Microsoft may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the Microsoft policies and programs described in the user manual, in "online" documentation, and/or in other Microsoft-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to Microsoft as part of the Support Services, Microsoft may use such information for its business purposes, including for product support and development. Microsoft will not utilize such technical information in a form that personally identifies you.

Software Transfer. You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity), and the recipient agrees to the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT.

Termination. Without prejudice to any other rights, Microsoft may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.

NOTE ON JAVA SUPPORT. THE JAVA TECHNOLOGY THAT IS INCLUDED IN THE SOFTWARE PRODUCT IS NOT FAULT-TOLERANT AND IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR RESALE AS ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE JAVA TECHNOLOGY OR THE SOFTWARE PRODUCT COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

5. EXPORT RESTRICTIONS. You agree that neither you nor your customers intend to or will, directly or indirectly, export or transmit (a) the SOFTWARE PRODUCT or related documentation and technical data, or (b) your Application as described in Section 1 of this EULA (or any part thereof), or process, or service that is the direct product of the SOFTWARE PRODUCT to any country to which such export or transmission is restricted by any applicable U.S. regulation or statute, without the prior written consent, if required, of the Bureau of Export Administration of the U.S. Department of Commerce, or such other governmental entity as may have jurisdiction over such export or transmission.

6. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Microsoft Corporation/One Microsoft Way/Redmond, WA 98052-6399.

MISCELLANEOUS

If you acquired this product in the United States, this EULA is governed by the laws of the State of Washington.

If you acquired this product in Canada, this EULA is governed by the laws of the Province of Ontario, Canada. Each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the Province of Ontario and further agrees to commence any litigation that may arise hereunder in the courts located in the Judicial District of York, Province of Ontario.

If this product was acquired outside the United States, local law may apply.

Should you have any questions concerning this EULA, or if you desire to contact Microsoft for any reason, please contact the Microsoft subsidiary serving your country, or write: Microsoft Customer Sales and Service/One Microsoft Way/Redmond, WA 98052-6399.

LIMITED WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE PRODUCT. THE SOFTWARE PRODUCT AND ANY RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU. Notwithstanding the foregoing, Microsoft warrants that it has all third party license rights that are necessary to grant the license rights set forth herein.

LIMITATION OF LIABILITY. Except with respect to the warranty set forth in the last sentence of the "Limited Warranty" section above, Microsoft's entire liability and your exclusive remedy under this EULA shall not exceed one hundred dollars (US$100.00).

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall Microsoft or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profit, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of, or inability to use, this Microsoft product, even if Microsoft has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

Si vous avez acquis votre produit Microsoft au CANADA, la garantie limitée suivante vous concerne:

GARANTIE LIMITÉE

EXCLUSION DE GARANTIES. Microsoft renonce entièrement à toute garantie pour le LOGICIEL. Le LOGICIEL et toute autre documentation s'y rapportant sont fournis « comme tels » sans aucune garantie quelle qu'elle soit, expresse ou implicite, y compris, mais ne se limitant pas aux garanties implicites de la qualité marchande ou un usage particulier. Le risque total découlant de l'utilisation ou de la performance du LOGICIEL est entre vos mains.

RESPONSABILITÉ LIMITÉE. La seule obligation de Microsoft et votre recours exclusif concernant ce contrat n'excèderont pas cent dollars (US$100.00).

ABSENCE DE RESPONSABILITÉ POUR LES DOMMAGES INDIRECTS. Microsoft ou ses fournisseurs ne pourront être tenus responsables en aucune circonstance de tout dommage quel qu'il soit (y compris mais non de façon limitative les dommages directs ou indirects causés par la perte de bénéfices commerciaux, l'interruption des affaires, la perte d'information commerciale ou toute autre perte pécuniaire) résultant de l'utilisation ou de l'impossibilité d'utilisation de ce produit, et ce, même si la société Microsoft a été avisée de l'éventualité de tels dommages. Certains états/juridictions ne permettent pas l'exclusion ou la limitation de responsabilité relative aux dommages indirects ou consécutifs, et la limitation ci-dessus peut ne pas s'appliquer à votre égard.

La présente Convention est régie par les lois de la province d'Ontario, Canada. Chacune des parties à la Convention reconnaît irrévocablement la compétence des tribunaux de la province d'Ontario et consent à instituer tout litige qui pourrait découler de la Convention auprès des tribunaux situés dans le district judiciaire de York, province d'Ontario.