Sun Microsystems, Inc. Binary Code License Agreement

SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE SOFTWARE TO YOU

ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN

THIS BINARY CODE LICENSE AGREEMENT ("AGREEMENT"). PLEASE READ THE

AGREEMENT CAREFULLY. BY DOWNLOADING OR INSTALLING THIS SOFTWARE, YOU

ACCEPT THE FULL TERMS OF THIS AGREEMENT.

1. Definitions.

"Software" means all software provided to You in binary code form by Sun

under this License as indicated on the opensolaris.org website. Software

includes any updates or error corrections or documentation relating to

Software provided to You by Sun under this License as indicated on the

opensolaris.org website.

2. Permitted Uses.

Subject to the terms and conditions of this Agreement and restrictions and

exceptions set forth in the Software's documentation, Sun grants you a

non-exclusive, non-transferable, limited license without fees to

(a) reproduce and use internally the Software for the purposes of

developing or running an Open Solaris distribution.

(b) reproduce and distribute the Software (and also portions of Software

identified as Redistributable in the documentation accompanying Software),

provided that you (i) distribute the Software or Redistributables bundled

as part of, and for the sole purpose of running, OpenSolaris code;

(ii) do not remove or alter any proprietary legends or notices contained

in or on the Software or Redistributables, (iii) only distribute the

Software or Redistributables subject to a license agreement that protects

Sun's interests consistent with the terms contained in this Agreement,

and (iv) you 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, Software, or Redistributables.

3. Restrictions.

(a) The copies of Software provided to you under this Agreement is

licensed, not sold, to you by Sun. Sun reserves all rights not expressly

granted.

(b) You may not modify Software. However if the documentation

accompanying Software lists specific portions of Software, such as header

files, class libraries, reference source code, and/or redistributable

files, that may be handled differently, you may do so only as provided in

the documentation.

(c) You may not rent, lease, lend or encumber Software.

(d) You do not remove or alter any proprietary legends or notices

contained in the Software,

(e) Unless enforcement is prohibited by applicable law, you may not

decompile, or reverse engineer Software.

(f) The terms and conditions of this Agreement will apply to any Software

updates, provided to you at Sun's discretion, that replace and/or

supplement the original Software, unless such update contains a separate

license.

(g) Software is copyrighted.

(h) Software is not designed, licensed or intended for use in the design,

construction, operation or maintenance of any nuclear facility and Sun

and its licensors disclaim any express or implied warranty of fitness for

such uses.

(i) 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.

(j) If your Permitted Use in this Agreement permits the distribution

Software or portions of the Software, you may only distribute the Software

subject to a license agreement that protects Sun's interests consistent

with the terms contained in this Agreement.

4. Java Compatibility and Open Source.

Software may contain Java technology. You may not create additional

classes to, or modifications of, the Java technology, except under

compatibility requirements available under a separate agreement available

at www.java.net.

Sun supports and benefits from the global community of open source

developers, and thanks the community for its important contributions and

open standards-based technology, which Sun has adopted into many of its

products.

Please note that portions of Software may be provided with notices and

open source licenses from such communities and third parties that govern

the use of those portions, and any licenses granted hereunder do not

alter any rights and obligations you may have under such open source

licenses, however, the disclaimer of warranty and limitation of

liability provisions in this Agreement will apply to all Software in

this distribution.

5. Term and Termination.

The Agreement is effective on the Date you recieve the Software and

remains effective until terminated. Your rights under this Agreement

will terminate immediately without notice from Sun if you materially

breach it or take any action in derogation of Sun's and/or its

licensors' rights to Software. Sun may terminate this Agreement should

any Software become, or in Sun's reasonable opinion likely to become,

the subject of a claim of intellectual property infringement or trade

secret misappropriation. Upon termination, you will cease use of, and

destroy, Software and confirm compliance in writing to Sun. Sections 1,

3, 4, 5, and 7-13 will survive termination of the Agreement.

6. Limited Warranty.

Sun warrants to you that for a period of 90 days from the date of

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.

Some states do not allow limitations on certain implied warranties, so

the above may not apply to you. This limited warranty gives you

specific legal rights. You may have others, which vary from state to

state.

7. 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.

8. 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. Some states do not allow the exclusion of incidental

or consequential damages, so some of the terms above may not be

applicable to you.

9. Export Regulations.

All Software, documents, technical data, and any other materials

delivered under this Agreement are subject to U.S. export control laws

and may be subject to export or import regulations in other countries.

You agree to comply strictly with these laws and regulations and

acknowledge that you have the responsibility to obtain any licenses to

export, re-export, or import as may be required after delivery to you.

10. 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).

11. 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.

12. 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.

13. 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.