SUNSOFT, INC. End-User Binary Code JAVA WORKSHOP SOFTWARE ON-LINE LICENSE AGREEMENT SUNSOFT IS WILLING TO LICENSE THE ACCOMPANYING JAVA WORKSHOP SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT AND ANY SUPPLEMENTARY LICENSE TERMS INCLUDED HEREWITH (THIS "AGREEMENT"). READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE SELECTING THE "ACCEPT" BUTTON AT THE BOTTOM OF THIS PAGE. BY SELECTING THE "ACCEPT" BUTTON, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THIS AGREEMENT, SELECT THE "DO NOT ACCEPT" BUTTON AT THE BOTTOM OF THIS PAGE AND THE INSTALLATION PROCESS WILL NOT CONTINUE. YOUR USE OF THE JAVA WORKSHOP SOFTWARE INDICATES YOUR ASSENT TO BE BOUND BY THE LICENSE TERMS SET FORTH BELOW. Copyright and Trademark Information. (c) 1996 Sun Microsystems, Inc. All Rights Reserved. Protected by copyright and licenses restricting use, copying, distribution and decompilation. Sun, the Sun logo, Sun Microsystems, SunSoft, the SunSoft logo, SunSoft WorkShop, Java WorkShop, Visual Java, the Java and HotJava coffee cup logos, JDK, Solaris, HotJava, Java, SunPlaza and the "Duke" character are trademarks or registered trademarks of Sun Microsystems, Inc. Third party software, including font technology, in this product is protected by copyright and licensed from Sun's suppliers. SUNSOFT EVALUATION SOFTWARE LICENSE AGREEMENT: IF CUSTOMER IS USING THE SOFTWARE FOR EVALUATION PURPOSES ONLY, CUSTOMER AGREES TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS: 1. License to Use for Evaluation Purposes. Customer is granted a non-exclusive and non-transferable license ("License") to use the accompanying binary software in machine-readable form, together with accompanying documentation ("Software"), internally for the purposes of evaluation and demonstration. No license is granted to Customer for any other purpose. Customer shall not distribute the Software, in whole or in part, to any third party. This License expires thirty (30) days from the date of installation. 2. No Support of Evaluation Software. SOFTWARE USED FOR EVALUATION PURPOSES IS LICENSED "AS IS." SUNSOFT DISCLAIMS ALL WARRANTIES CONCERNING SUCH EVALUATION SOFTWARE, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. 3. Other Terms. Paragraphs 2, Restrictions, 3, Confidentiality, 6, Limit of Liability, 7, Termination, 8, Export Regulations, 9, U.S. Government Restricted Rights, 10, Governing Law, 11, Severability, and 12, Integration, of the Purchased Software Agreement below shall apply to Evaluation Software. No Supplementary Terms are applicable to Evaluation Software. SUNSOFT PURCHASED SOFTWARE LICENSE AGREEMENT: IF CUSTOMER HAS PAID THE APPLICABLE SOFTWARE LICENSE FEE, CUSTOMER AGREES TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS: 1. License to Use. Customer is granted a non-exclusive and non-transferable license ("License") for the use of the accompanying binary software in machine-readable form, together with accompanying documentation ("Software"), by the number of users and the class of computer hardware for which the corresponding fee has been paid. 2. Restrictions. Software is copyrighted and title to all copies is retained by SunSoft and/or its licensors. Customer shall not make copies of Software, other than a single copy of Software for archival purposes and, if applicable, Customer may, for its internal use only, print the number of copies of on-line documentation for which the applicable fee has been paid, in which event all proprietary rights notices on Software shall be reproduced and applied. Except as specifically authorized elsewhere in this Agreement or unless enforcement of this provision is prohibited by applicable law, Customer shall not modify, decompile, disassemble, decrypt, extract, or otherwise reverse engineer Software. Software is not designed or licensed for use in on-line control equipment in hazardous environments such as operation of nuclear facilities, aircraft navigation or control, or direct life support machines. 3. Confidentiality. Software is confidential and proprietary information of SunSoft and/or its licensors. Customer agrees to take adequate steps to protect Software from unauthorized disclosure or use. 4. Limited Warranty. SunSoft warrants that for a period of ninety (90) days from the date of purchase, as evidenced by a copy of the receipt, the Software will conform to the specifications for such Software. Otherwise, the Software is provided "AS IS". This limited warranty extends only to Customer as the original licensee. Customer's exclusive remedy and SunSoft's entire liability under this limited warranty will be, at SunSoft's option, to repair or replace the Software, or refund the license fee paid therefor. 5. Disclaimer of Warranty. EXCEPT AS SPECIFIED IN THIS LICENSE, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. 6. Limitation of Liability. IN NO EVENT WILL SUNSOFT BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUNSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall SunSoft's liability to Customer, whether in contract, tort (including negligence), or otherwise, exceed the license fee paid by Customer for Software. The foregoing limitations shall apply even if the above stated warranty fails of its essential purpose. 7. Termination. This License is effective until terminated. Customer may terminate this License at any time by destroying all copies of Software including any documentation. This License will terminate immediately without notice from SunSoft if Customer fails to comply with any provision of this License. Upon termination, Customer must destroy all copies of Software. 8. Export Regulations. Software, including technical data, is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. Customer agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import Software. 9. U.S. Government Restricted Rights. If Customer is acquiring Software including accompanying documentation on behalf of the U.S. Government, the following provisions apply. If Software is supplied to the Department of Defense ("DOD"), Software is subject to "Restricted Rights", as that term is defined in the DOD Supplement to the Federal Acquisition Regulations ("DFAR") in paragraphs DFAR 252.227-7015(b)(6/95) and DFAR 227.7202-3(a). If Software is supplied to any unit or agency of the United States Government other than DOD, the Government's rights in Software will be as defined in paragraphs 52.227-14(g)(2)(6/87) and 52.227-19(6/87) of the Federal Acquisition Regulations ("FAR"). Use, duplication, reproduction or disclosure by the Government is subject to such restrictions or successor provisions. Contractor/Manufacturer is: SunSoft, Inc., 2550 Garcia Ave., Mountain View, CA 94043. 10. Governing Law. This Agreement is made under, shall be governed by and construed in accordance with the laws of the State of California, U.S.A., excluding its choice of law provisions. 11. Severability. If any of the above provisions are held to be in violation of applicable law, void, or unenforceable in any jurisdiction, then such provisions are herewith waived to the extent necessary for the License to be otherwise enforceable in such jurisdiction. However, if in SunSoft's opinion deletion of any provisions of the License by operation of this paragraph unreasonably compromises the rights or liabilities of SunSoft or its licensors, SunSoft reserves the right to terminate the License and refund the fee paid by Customer as Customer's sole and exclusive remedy. 12. Integration. This Agreement (including any supplementary terms) is the entire agreement between Customer and SunSoft relating to Software and: (i) supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to its subject matter; and (ii) prevails over any conflicting or additional terms of any quote, order, acknowledgment, or similar communication between the parties during the term of this Agreement. No modification to the Agreement will be binding, unless in writing and signed by a duly authorized representative of each party. SUPPLEMENTARY LICENSE TERMS FOR JAVA WORKSHOP VERSION 1.0 1. License to Develop Applications. Customer is granted a royalty-free right to reproduce and distribute the binary runtime module ("Module") of the Software, provided that Customer: (i) distributes the Module only in conjunction with and as part of its software program ("Application") into which they are incorporated; (ii) does not use Sun's or SunSoft's name, logo or trademarks to market Customer's Application; (iii) includes "Portions 1996 Sun Microsystems, Inc." on Customer's product label and with all copyright notices for the Application; (iv) agrees to indemnify, hold harmless, and defend SunSoft and/or its licensors from and against any claims or lawsuits, including attorneys' fees, that arise or result from the use or distribution of the Application; and (v) the end user license for the Application includes the terms and conditions set forth in Sections 2,3,5,6,8 and 9 above. The files that constitute the Module are the Visual Java runtime classes identified in the documentation or the on-line READ ME file. Customer is granted no right or license to reproduce or distribute any runtime source files contained in the Software. 2. JDK Attribution. The JDK binary release which is contained in the Software is based in part on the work of the Independent JPEG Group. Copyright 1996 Sun Microsystems, Inc., 2550 Garcia Ave., Mtn. View, CA 94043-1100 USA. All rights reserved.