                  Java 2 SDK, Standard Edition, v.1.3
                           Release Candidate
                  Binary Software Evaluation Agreement
  
Terms of Agreement

SUN IS WILLING TO LICENSE JAVA 2 SDK, STANDARD EDITION, V.1.3, 
RELEASE CANDIDATE SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU 
ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT 
("AGREEMENT"). PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE 
CAREFULLY. BY INSTALLING THIS SOFTWARE, YOU ACCEPT THE TERMS AND 
CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU ARE NOT WILLING TO BE 
BOUND BY ITS TERMS, SELECT THE "DO NOT ACCEPT" BUTTON AT THE BOTTOM 
OF THIS PAGE AND THE INSTALLATION PROCESS WILL NOT CONTINUE. 

1.0 DEFINITIONS
"Licensed Software" means the Java 2 SDK, Standard Edition, v.1.3, 
Release Candidate software in binary form, any other machine 
readable materials (including, but not limited to, libraries, source 
files, header files, and data files) and any user manuals, 
programming guides and other documentation provided to Licensee by 
Sun Microsystems, Inc. under this Agreement.

2.0 LIMITED LICENSE
Sun Microsystems, Inc. grants to Licensee, a non-exclusive, non- 
transferable, royalty-free and limited license to use Licensed 
Software internally for the purposes of evaluation only. No license 
is granted to Licensee for any other purpose. Licensee may not sell, 
rent, loan or otherwise encumber or transfer Licensed Software in 
whole or in part, to any third party.

3.0 LICENSE RESTRICTIONS

3.1 Licensee may not duplicate Licensed Software other than for a 
single copy of Licensed Software for archival purposes only. Licensee 
agrees to reproduce any copyright and other proprietary right notices 
on any such copy.

3.2 Except as otherwise provided by law, Licensee may not modify or 
create derivative works of the Licensed Software, or reverse engineer, 
disassemble or decompile binary portions of the Licensed Software, or 
otherwise attempt to derive the source code from such portions.

3.3 No right, title, or interest in or to Licensed Software, any 
trademarks, service marks, or trade names of Sun or Sun's licensors 
is granted under this Agreement.

3.4 Licensee shall have no right to use the Licensed Software for 
productive or commercial use.

4.0 NO SUPPORT
Sun Microsystems, Inc. is under no obligation to support Licensed 
Software or to provide Licensee with updates or error corrections 
(collectively "Software Updates"). If Sun Microsystems, Inc., at its 
sole option, supplies Software Updates to Licensee, the Software 
Updates will be considered part of Licensed Software, and subject to 
the terms of this Agreement.

5.0 LICENSEE DUTIES
Licensee agrees to evaluate and test the Licensed Software for use 
with Licensee's products and to provide feedback to Sun's email 
address jdk-comments@sun.com. Sun shall treat any oral or written 
feedback or results of Licensee's testing of the Licensed Software 
which Licensee provides to Sun as Sun's Confidential Information 
(defined in Section 7 below).

6.0 TERM AND TERMINATION OF AGREEMENT

6.1 This Agreement will commence on the date on which Licensee 
receives Licensed Software (the "Effective Date") and will expire 
one hundred eighty (180) days from the Effective Date, unless 
terminated earlier as provided below.

6.2 Either party may terminate this Agreement upon ten (10) days 
written notice to the other party. However, Sun may terminate this 
Agreement immediately should any Licensed 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.

6.3 Sun may terminate this Agreement immediately should Licensee 
materially breach any of its provisions or take any action in 
derogation of Sun's rights to the Confidential Information licensed to 
Licensee.

6.4 Upon termination or expiration of this Agreement, Licensee will 
immediately cease use of and destroy Licensed Software and any copies 
thereof and provide Sun Microsystems, Inc. a written statement 
certifying that Licensee has complied with the foregoing obligations.

6.5 Rights and obligations under this Agreement which by their nature 
should survive, will remain in effect after termination or expiration 
hereof.

7.0 CONFIDENTIAL INFORMATION

7.1 For purposes of this Agreement, "Confidential Information" means: 
(i) business and technical information and any source code or binary 
code which Sun discloses to Licensee related to Licensed Software; 
and (ii) the terms, conditions, and existence of this Agreement. 
Licensee may not disclose Confidential Information or use it except 
for the purposes specified in this Agreement. Licensee will protect 
the confidentiality of Confidential Information to the same degree of 
care, but no less than reasonable care, as Licensee uses to protect 
its own Confidential Information. Licensee's 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. Licensee agrees 
that Licensed Software contains trade secrets of Sun.

7.2 Notwithstanding any provisions contained in this Agreement 
concerning nondisclosure and non-use of the Confidential Information, 
the nondisclosure obligations of Section 7.1 will not apply to any 
portion of Confidential Information that a Licensee can demonstrate 
in writing is: (i) now, or hereafter through no act or failure to act 
on the part of Licensee becomes, generally known to the general 
public; (ii) known to Licensee at the time of receiving the 
Confidential Information without an obligation of confidentiality; 
(iii) hereafter rightfully furnished to Licensee by a third party 
without restriction on disclosure; or (iv) independently developed by 
Licensee without any use of the Confidential Information.

7.3 Licensee must restrict access to Confidential Information to its 
employees or contractors with a need for this 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.

8.0 DISCLAIMER OF WARRANTY

8.1 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.

8.2 LICENSED SOFTWARE IS PROVIDED "AS IS". ALL EXPRESS OR IMPLIED 
CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING ANY IMPLIED 
WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A 
PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO 
THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

9.0 LIMITATION OF LIABILITY

9.1 Licensee acknowledges that the Licensed Software is experimental. 
Licensee acknowledges that the Licensed 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 
Licensed Software for any purposes other than those of internal 
evaluation, and from any claims that later versions or releases of 
any Licensed Software furnished to Licensee are incompatible with the 
Licensed Software provided to Licensee under this Agreement.

9.2 Licensee shall have the sole responsibility to protect adequately 
and backup Licensee's data and/or equipment used in connection with 
the Licensed Software. Licensee shall not claim against Sun for lost 
data, re-run time, inaccurate output, work delays or lost profits 
resulting from Licensee' use of the Licensed Software.

9.3 Licensee acknowledges that Sun is under no obligation to release 
the Licensed Software as a product of Sun.

9.4 Neither party will be liable for any indirect, punitive, special, 
incidental or consequential damage in connection with or arising out 
of this Agreement (including loss of business, revenue, profits, use, 
data or other economic advantage), however it arises, whether for 
breach or in tort, even if that party has been previously advised of 
the possibility of such damage.

10.0 U.S. GOVERNMENT RIGHTS.
If Licensed 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 
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).

11.0 GENERAL TERMS

11.1 Any action related to this Agreement will be governed by 
California law and controlling U.S. federal law. The U.N. Convention 
for the International Sale of Goods and the choice of law rules of 
any jurisdiction will not apply.

11.2 Licensed Software and technical data delivered under this 
Agreement are subject to U.S. export control laws and may be 
subject to export or import regulations in other countries. Licensee 
agrees to comply strictly with all such laws and regulations and 
acknowledges that it has the responsibility to obtain such licenses 
to export, re-export or import as may be required after delivery to 
Licensee.

11.3 It is understood and agreed that, notwithstanding any other 
provision of this Agreement, Licensee's breach of the provisions of 
Section 7 of this Agreement will cause Sun irreparable damage for 
which recovery of money damages would be inadequate, and that Sun 
will therefore be entitled to seek timely injunctive relief to 
protect Sun's rights under this Agreement in addition to any and all 
remedies available at law.

11.4 Neither party may assign or otherwise transfer any of its rights 
or obligations under this Agreement, without the prior written consent 
of the other party, except that Sun may assign this Agreement to an 
affiliated company.

11.5 This Agreement is the parties' entire agreement relating to its 
subject matter. It supersedes all prior or contemporaneous oral or 
written communications, proposals, conditions, 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 to this Agreement will be binding, unless 
in writing and signed by an authorized representative of each party.
