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+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.  Licensee acknowledges that

+  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.   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. 

+

+

+DEVELOPMENT TOOLS 

+

+JVMSTAT 3.0 

+

+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 Binary Code License Agreement, or in any

+license contained within the Software.    

+

+A. Software Internal Use and Development License Grant. 

+  Subject to the terms and conditions of this Agreement, including,

+  but not limited to Section B (Java 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

+  intended to run on the Java platform ("Programs").   

+

+B. Java Technology Restrictions.  

+  You may not create, modify, or change the behavior of, or authorize your

+  licensees to create, modify, or change the behavior of, 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.

+

+C. 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.

+

+D. 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.

+

+E. 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. 

+4150 Network Circle, Santa Clara

+California 95054

+

+(LFI#143715/Form ID#011801)

+