Sun Java(TM) System Web Server 6 2004Q2 Update 1 SP2

IF YOU HAVE PAID IN FULL ALL CORRESPONDING FEES AND CHARGES
IN CONNECTION WITH A LICENSE FOR SUN JAVA SYSTEM WEB SERVER
6 2004Q2 UPDATE 1 SP2 (ALONG WITH ALL ACCOMPANYING SOFTWARE
AND DOCUMENTATION, THE "WEB SERVER"), YOUR FULL LICENSE TO
THE WEB SERVER IS SET FORTH ENTIRELY IN SECTION B.
OTHERWISE, YOUR EVALUATION AND DEVELOPMENT LICENSE TO THE
WEB SERVER IS SET FORTH ENTIRELY IN SECTION A.

THE TWO LICENSES SET FORTH IN SECTIONS A (FULL LICENSE) AND
B (EVALUATION AND DEVELOPMENT LICENSE) ARE SEPARATE AND
DISTINCT LEGAL AGREEMENTS.

READ THE TERMS OF THE AGREEMENT IN THE SECTION APPLICABLE TO
YOU (THE "APPLICABLE AGREEMENT") CAREFULLY BEFORE OPENING
THE SOFTWARE MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA
PACKAGE, YOU AGREE TO ALL THE TERMS OF THE APPLICABLE
AGREEMENT. IF YOU ARE ACCESSING THE WEB SERVER
ELECTRONICALLY, INDICATE YOUR COMPLETE ACCEPTANCE OF THIS
AGREEMENT BY SELECTING THE "ACCEPT" BUTTON DISPLAYED ALONG
WITH THE APPLICABLE AGREEMENT OR OTHERWISE PROVIDING THE
AFFIRMATIVE RESPONSE REQUESTED. IF YOU DO NOT AGREE TO ALL
OF THE TERMS OF THE APPLICABLE AGREEMENT, DO NOT INSTALL,
COPY OR OTHERWISE USE THE WEB SERVER. IF YOU ARE ACCESSING
THE WEB SERVER ELECTRONICALLY, INDICATE YOUR NON-ACCEPTANCE
OF THE APPLICABLE AGREEMENT BY SELECTING THE "REJECT" BUTTON
OR OTHERWISE PROVIDING THE NEGATIVE RESPONSE REQUESTED. YOUR
INSTALLATION, COPYING OR USE OF THE WEB SERVER INDICATES
THAT YOU AGREE TO BE BOUND BY ALL THE TERMS OF THE
APPLICABLE AGREEMENT.

If you are accepting the Applicable Agreement on behalf of a
corporation, partnership or other legal entity, the use of
the terms "you" and "your" in the Applicable Agreement will
refer to such entity and the entity accepting the Applicable
Agreement represents and warrants to Sun that it has
sufficient permissions, capacity, consents and authority to
enter into the Applicable Agreement.

SECTION A (Evaluation and Development License):

Sun Microsystems, Inc.
Binary Software Evaluation and Development Agreement
("Agreement")

1.0 DEFINITIONS
"Licensed Software" means all or any portion of the Sun Java
System Web Server 6 2004Q2 Update 1 SP2 in binary form (the
"Product"), and any other machine readable materials
(including, but not limited to, libraries, header files, and
data files), additional software, user manuals, programming
guides and other documentation provided to you by Sun
Microsystems, Inc. ("Sun") as part of, or embedded with, the
files that comprise the Product.

2.0 LIMITED LICENSE
Subject to the terms and conditions of this Agreement and
your complete acceptance of this Agreement, Sun grants to
you a non-exclusive, non-transferable, royalty-free and
limited license to use Licensed Software solely for the
purposes of evaluation of the Licensed Software or internal
design, development, testing, and evaluation of software
products or web applications intended to run on Licensed
software. No license is granted to you for any other
purpose. You may not sell, rent, loan or otherwise encumber
or transfer Licensed Software, in whole or in part, to any
third party, including any output or results of execution of
the Licensed Software.

3.0 LICENSE RESTRICTIONS
3.1 You may not duplicate the Licensed Software other than
for a single copy of binary portions of the Licensed
Software for backup purposes only. You agree to reproduce
all copyright and other proprietary right notices on any
such copy.

3.2 Except as otherwise provided by law, you may not modify
or create derivative works of the Licensed Software, or
reverse engineer, disassemble or decompile binary portions
of the Licensed Software, otherwise attempt to derive the
source code from such portions, or assist any other person
or entity in any of these activities.

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

3.4 You have no right to use the Licensed Software in a
production environment, for commercial use, or for
operational purposes.

3.5 You acknowledge that Licensed Software may contain a
timebomb mechanism.

3.6 You may use any Sun ONE, iPlanet or third party products
bundled with or embedded in Software only in conjunction
with Software (and the applications that run on Software),
and not with other software products or on a stand alone
basis. Except for this restriction, the use of each such
bundled product shall be governed by its license agreement.

3.7 You may not publish or provide the results of any
benchmark or comparison tests run on the Licensed Software
to any third party without Sun's prior written consent.

3.8 Directory Server Restrictions. You may use Directory
Server bundled with Software if any ("DS") to interface with
Software for access control, authentication, authorization,
or information access purposes for an unlimited number of
users. The only information that may be loaded into the DS
software is user group, and role information related to
Name, User ID, Password, Group, and Email; storage of
additional information requires a separate DS license from
Sun. You may not use DS on a stand-alone basis or to
interoperate with other applications or clients which do not
support Software and its intended usage without first
obtaining a separate DS license.

4.0 NO FURTHER OBLIGATIONS
Neither Sun nor its licensors are under any obligation to
support the Licensed Software or to provide you with updates
or error corrections (collectively "Software Updates"). If
Sun, at its sole option, supplies Software Updates to you,
the Software Updates will be considered part of Licensed
Software, and subject to the terms of this Agreement.
Further, neither Sun nor its licensors are under any
obligation to develop, market, sell, distribute or take any
other action with respect to the Licensed Software or to
provide or ensure compatibility between the Licensed
Software and any future version of the Licensed Software.

5.0 TERM AND TERMINATION OF AGREEMENT
5.1 This Agreement will commence on the date on which you
install the Licensed Software (the "Effective Date") and
will terminate as set forth below. However, if the Licensed
Software does not require installation for use, the
Effective Date is the date that you accept this Agreement.

5.2 You may terminate this Agreement at any time by
completely destroying all copies of the Licensed Software
and removing all portions of the Licensed Software that you
deployed on any electronic device (including without
limitation, computer systems, servers, networks, and
personal electronic devices).

5.3 Sun may terminate this Agreement upon 10 days' written
notice to you. However, Sun may terminate this Agreement
immediately should any Licensed Software become, or in Sun's
and/or its licensors' opinion be likely to become, the
subject of a claim of intellectual property infringement or
trade secret misappropriation.

5.4 Sun may terminate this Agreement immediately should you
materially breach any of its provisions or take any action
in derogation of Sun's and/or its licensors' rights to the
Licensed Software.

5.5 Within ten (10) days from termination or expiration of
this Agreement, you will immediately cease use of and
destroy Licensed Software and any copies thereof and provide
Sun a written statement from a duly authorized
representative certifying that you have complied with the
foregoing obligations.

5.6 The following sections will survive any termination or
expiration of this Agreement: Sections 1.0, 3.0, 4.0, 5.5,
5.6, and 6.0-9.0. You shall have no rights to recover
damages or seek indemnification arising from rightful
termination or expiration of this Agreement, whether by way
of lost profits, expenditures, payment of goodwill or
otherwise.

6.0 DISCLAIMER OF WARRANTY
6.1 You acknowledge that Licensed Software may contain
errors and is not designed or intended for use in the
design, construction, operation or maintenance of any
nuclear facility ("High Risk Activities"). Sun and its
licensors disclaim any express or implied warranty of
fitness for such uses. You represent and warrant to Sun that
you will not use, distribute or license the Licensed
Software for High Risk Activities.

6.2 LICENSED SOFTWARE IS PROVIDED "AS IS". TO THE FULLEST
EXTENT ALLOWED BY LAW, SUN EXPRESSLY DISCLAIMS ALL
REPRESENTATIONS AND WARRANTIES OF ANY KIND OR NATURE
CONCERNING THE LICENSED SOFTWARE, WHETHER EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

7.0 LIMITATION OF LIABILITY
7.1 You acknowledge that the Licensed Software may have
defects or deficiencies that cannot or will not be corrected
by Sun. You will hold Sun and its licensors harmless from
any claims based on your use of the Licensed Software for
any purposes, and from any claims that later versions or
releases of any Licensed Software furnished to you are
incompatible with the Licensed Software provided to you
under this Agreement.

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

7.3 You acknowledge that Sun is under no obligation to
release the Licensed Software as a product of Sun or to
offer any further releases, versions, enhancements, or
updates of the Licensed Software or any bug fixes or
corrections for the Licensed Software.

7.4 NEITHER SUN NOR ANY OF SUN'S LICENSORS WILL BE LIABLE
FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES 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. LIABILITY FOR DAMAGES WILL BE LIMITED AND EXCLUDED,
EVEN IF ANY EXCLUSIVE REMEDY PROVIDED IN THIS AGREEMENT
FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL THE
CUMMULATIVE LIABILITY OF SUN FOR ANY DAMAGES WHATSOEVER
INCURRED BY YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT
EXCEED THE TOTAL AMOUNT ACTUALLY PAID TO SUN BY YOU UNDER
THIS AGREEMENT.

8.0 U.S. GOVERNMENT RESTRICTED 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 the Licensed 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).

9.0 GENERAL TERMS
9.1 This Agreement will be governed by and construed in
accordance with the laws of the State of California, U.S.A.,
excluding its conflict of laws principles. You expressly
agree and consent that exclusive jurisdiction and venue for
any dispute arising out of or relating to this Agreement
will lie with the federal and state courts located in and
serving Santa Clara County, California, U.S.A. The U.N.
Convention for the International Sale of Goods and the
choice of law rules of any jurisdiction will not apply. The
official text of this Agreement is in the English language
and any interpretation or construction of this Agreement
will be based thereon. In the event that this Agreement or
any documents or notices related to it are translated into
any other language, the English language version will
control.

9.2 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. 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. Unless
authorized by the U.S. Government, you will not, directly or
indirectly, export or re-export Licensed Software, nor
direct products therefrom, to any embargoed or restricted
country identified in the U.S. export laws, including but
not limited to the Export Administration Regulations (15
C.F.R. Parts 730-774). You affirm that you are not
identified on any U.S. Government export exclusion lists and
that you will not use Licensed Software for nuclear missile,
chemical biological weaponry, or other weapons of mass
destruction.

9.3 It is understood and agreed that, notwithstanding any
other provision of this Agreement, your breach of the
provisions of Sections 2.0, or 3.0 of this Agreement will
cause Sun and/or its licensors irreparable damage for which
recovery of money damages would be inadequate, and that Sun
and/or its licensors will therefore be entitled to seek
timely injunctive relief, without the necessity of posting
bond or other security, to protect Sun's and/or its
licensors' rights under this Agreement in addition to any
and all remedies available at law.

9.4 You may not assign or otherwise transfer any of your
rights or obligations under this Agreement, without the
prior written consent of Sun.

9.5 If any provision of this Agreement is held invalid by
any law or regulation of any government or by any court,
such invalidity will not affect the enforceability of any
other provisions.

9.6 Any express waiver or failure to exercise promptly any
right under this Agreement will not create a continuing
waiver or any expectation of non-enforcement.

9.7 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.

SECTION B (BCL):

Sun Microsystems, Inc.
Binary Code License Agreement ("BCL")

THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL
LICENSE TERMS ARE COLLECTIVELY TERMED THE "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.

For inquiries please contact:
Sun Microsystems, Inc.
4150 Network Circle,
Santa Clara, California 95054


Sun Java System Web Server 6 2004Q2 Update 1 SP2 BCL/Rev 1.0
LFI#138769 25FEB04/DH
