Pre-Release 
Software Evaluation Agreement

SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE JAVA(TM) 2 RUNTIME 
ENVIRONMENT (J2RE), STANDARD EDITION, VERSION 1.5, PRE-RELEASE SOFTWARE TO 
LICENSEE ONLY UPON THE CONDITION THAT LICENSEE ACCEPTS ALL OF THE TERMS 
CONTAINED IN THIS LICENSE AGREEMENT ("AGREEMENT"). PLEASE READ THE TERMS AND 
CONDITIONS OF THIS AGREEMENT CAREFULLY. BY DOWNLOADING OR INSTALLING THIS 
SOFTWARE, LICENSEE ACCEPTS THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. 
INDICATE ACCEPTANCE BY SELECTING THE "ACCEPT" BUTTON AT THE BOTTOM OF THIS 
AGREEMENT. IF LICENSEE IS NOT WILLING TO BE BOUND BY ALL THE TERMS, SELECT THE 
"DECLINE" BUTTON AT THE BOTTOM OF THE AGREEMENT AND THE DOWNLOAD OR INSTALL 
PROCESS WILL NOT CONTINUE. 

1.0 DEFINITIONS 
"Licensed Software" means the  Java 2 Runtime Environment, Standard Edition, 
Version  1.5, pre-release software in binary and/or source code forms, any other 
machine readable materials (including, but not limited to, libraries, source 
files, header files, and data files), Feedback (as defined in Section 5.0), any 
user manuals, programming guides and other documentation provided to Licensee by 
Sun under this Agreement. 

2.0 LIMITED LICENSE 
2.1 Source Code. Sun grants to Licensee, a non-exclusive, non-transferable, 
royalty-free and limited license to view the source code portions of the 
Licensed Software internally for the purposes of evaluation only.
2.2 Binary Code. Sun grants to Licensee, a non-exclusive, non-transferable, 
royalty-free and limited license to use the binary code portions of the Licensed 
Software internally for the purposes of evaluation only.
2.3 No licenses are granted to Licensee for any other purposes, 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 Licensed Software is "Confidential Information".  Licensee may not disclose 
or use Confidential Information, except for the purposes specified in this 
Agreement. Licensee will protect the Confidential Information with the same 
degree of care, as Licensee uses to protect its own Confidential Information.
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 is under no obligation to support Licensed Software or to provide Licensee 
with updates or error corrections (collectively "Software Updates"). If Sun, 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 Software for use in Licensee's 
software environment and provide feedback to Sun in a manner reasonably 
requested by Sun.  Any test results, error data, reports or other 
information, or materials provided to Sun relating to the Licensed Software 
("Feedback") is the exclusive property and Confidential Information of Sun. 
Licensee hereby assigns all Feedback to Sun at no cost to Sun. Sun may use 
Feedback in any manner and for any purpose, without limitation, liability or 
obligation to Licensee. 

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 ninety (90) days from the 
Effective Date, unless terminated earlier as provided herein. 
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, any copies thereof and provide to 
Sun 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 DISCLAIMER OF WARRANTY 
7.1 Licensee acknowledges that Licensed Software may contain errors and is not 
designed, licensed, or intended for use in the design, construction, operation 
or maintenance of any nuclear facility ("High Risk Activities"). Sun disclaims 
any express or implied warranty of fitness for such uses. Licensee represents 
and warrants to Sun that it will not use, distribute or license the Licensed 
Software for High Risk Activities. 
7.2 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.

8.0 LIMITATION OF LIABILITY 
8.1 Licensee acknowledges that the Licensed Software may be experimental and 
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. 
8.2 To the extent not prohibited by law, in no event will Sun 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 Sun has been previously advised of the possibility of 
such damage.

9.0 U.S. GOVERNMENT RESTRICTED RIGHTS 
If this 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 the Software and accompanying documentation shall be only 
as set forth in this license; this is in accordance with 48 C.F.R. 227.7202-4 
(for Department of Defense (DOD) acquisitions) and with 48 C.F.R. 2.101 and 
12.212 (for non-DOD acquisitions). 

10.0 GENERAL TERMS 
10.1 Any action relating to or arising out of 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. 
10.2 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. 
10.3 It is understood and agreed that, notwithstanding any other provision of 
this Agreement, Licensee's breach 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. 
10.4 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. 
10.5 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, including any Binary Code Licenses, Supplemental Terms, or other 
licenses contained within Licensed Software. No modification to this Agreement 
will be binding, unless in writing and signed by an authorized representative of 
each party. 
(LFI#137657/Form ID#011801) 

