Terms and conditions of the license & export for Java(TM) Servlet API Class Files

2.3

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. You acknowledge that Software is
not designed, licensed or intended for use in the design, construction, operation
or maintenance of any nuclear facility. Sun 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.

JAVA(TM) INTERFACE CLASSES

JAVASERVLET, VERSION 2.3
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.

1. Software Internal Use and Development License Grant. Subject to the terms and
conditions of this Agreement, including, but not limited to Section 3 (Java(TM)
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 sole
purpose of designing, developing and testing your Java applets and applications
("Programs").

2. License to Distribute Software. In addition to the license granted in Section 1

(Software Internal Use and Development License Grant) of these Supplemental Terms,
subject to the terms and conditions of this Agreement, including but not limited to
Section 3 (Java Technology Restrictions), Sun grants you a non-exclusive, non-
transferable, limited license to reproduce and distribute the Software in binary
form only, provided that you (i) distribute the Software complete and unmodified
and only bundled as part of your Programs, (ii) do not distribute additional
software intended to replace any component(s) of the Software, (iii) do not remove
or alter any proprietary legends or notices contained in the Software, (iv) only
distribute the Software subject to a license agreement that protects Sun's
interests consistent with the terms contained in this Agreement, and (v) 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.

3. 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.

4. 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.

5. 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.

6. Termination for Infringement. Either party may terminate this Agreement

immediately should any Software become, or in either party's opinion be likely to
become, the subject of a claim of infringement of any intellectual property right.

For inquiries please contact: Sun Microsystems, Inc. 901 San Antonio Road, Palo
Alto, California 94303
(LFI#95907/Form ID#011801)