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      1 Sun Microsystems, Inc. Binary Code License Agreement
      2 
      3 SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE SOFTWARE TO YOU 
      4 ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN 
      5 THIS BINARY CODE LICENSE AGREEMENT ("AGREEMENT").  PLEASE READ THE 
      6 AGREEMENT CAREFULLY. BY DOWNLOADING OR INSTALLING THIS SOFTWARE, YOU 
      7 ACCEPT THE FULL TERMS OF THIS AGREEMENT.
      8 
      9 1. Definitions. 
     10 
     11 "Software" means all software provided to You in binary code form by Sun 
     12 under this License as indicated on the opensolaris.org website.  Software 
     13 includes any updates or error corrections or documentation relating to 
     14 Software provided to You by Sun under this License as indicated on the 
     15 opensolaris.org website.
     16 
     17 2. Permitted Uses.
     18 
     19 Subject to the terms and conditions of this Agreement and restrictions and 
     20 exceptions set forth in the Software's documentation, Sun grants you a 
     21 non-exclusive, non-transferable, limited license without fees to
     22 
     23 (a) reproduce and use internally the Software for the purposes of 
     24 developing or running an Open Solaris distribution.
     25 
     26 (b) reproduce and distribute the Software (and also portions of Software 
     27 identified as Redistributable in the documentation accompanying Software), 
     28 provided that you (i) distribute the Software or Redistributables bundled 
     29 as part of, and for the sole purpose of running, OpenSolaris code; 
     30 (ii) do not remove or alter any proprietary legends or notices contained 
     31 in or on the Software or Redistributables, (iii) only distribute the 
     32 Software or Redistributables subject to a license agreement that protects 
     33 Sun's interests consistent with the terms contained in this Agreement, 
     34 and (iv) you agree to defend and indemnify Sun and its licensors from and 
     35 against any damages, costs, liabilities, settlement amounts and/or 
     36 expenses (including attorneys' fees) incurred in connection with any claim, 
     37 lawsuit or action by any third party that arises or results from the use 
     38 or distribution of any and all Programs, Software, or Redistributables.
     39 
     40 3. Restrictions.
     41 
     42 (a) The copies of Software provided to you under this Agreement is 
     43 licensed, not sold, to you by Sun.  Sun reserves all rights not expressly 
     44 granted. 
     45 
     46 (b) You may not modify Software.  However if the documentation 
     47 accompanying Software lists specific portions of Software, such as header 
     48 files, class libraries, reference source code, and/or redistributable 
     49 files, that may be handled differently, you may do so only as provided in 
     50 the documentation. 
     51 
     52 (c) You may not rent, lease, lend or encumber Software. 
     53 
     54 (d) You do not remove or alter any proprietary legends or notices 
     55 contained in the Software,
     56 
     57 (e) Unless enforcement is prohibited by applicable law, you may not 
     58 decompile, or reverse engineer Software. 
     59 
     60 (f) The terms and conditions of this Agreement will apply to any Software
     61 updates, provided to you at Sun's discretion, that replace and/or 
     62 supplement the original Software, unless such update contains a separate
     63 license. 
     64 
     65 (g) Software is copyrighted. 
     66 
     67 (h) Software is not designed, licensed or intended for use in the design, 
     68 construction, operation or maintenance of any nuclear facility and Sun 
     69 and its licensors disclaim any express or implied warranty of fitness for 
     70 such uses. 
     71 
     72 (i) No right, title or interest in or to any trademark, service mark, 
     73 logo or trade name of Sun or its licensors is granted under this 
     74 Agreement. 
     75 
     76 (j) If your Permitted Use in this Agreement permits the distribution 
     77 Software or portions of the Software, you may only distribute the Software 
     78 subject to a license agreement that protects Sun's interests consistent 
     79 with the terms contained in this Agreement.
     80 
     81 4. Java Compatibility and Open Source.
     82 
     83 Software may contain Java technology.  You may not create additional 
     84 classes to, or modifications of, the Java technology, except under 
     85 compatibility requirements available under a separate agreement available 
     86 at www.java.net.
     87 
     88 Sun supports and benefits from the global community of open source 
     89 developers, and thanks the community for its important contributions and 
     90 open standards-based technology, which Sun has adopted into many of its 
     91 products.
     92 
     93 Please note that portions of Software may be provided with notices and 
     94 open source licenses from such communities and third parties that govern 
     95 the use of those portions, and any licenses granted hereunder do not 
     96 alter any rights and obligations you may have under such open source 
     97 licenses, however, the disclaimer of warranty and limitation of 
     98 liability provisions in this Agreement will apply to all Software in 
     99 this distribution.
    100 
    101 5. Term and Termination. 
    102 
    103 The Agreement is effective on the Date you recieve the Software and 
    104 remains effective until terminated.  Your rights under this Agreement 
    105 will terminate immediately without notice from Sun if you materially 
    106 breach it or take any action in derogation of Sun's and/or its 
    107 licensors' rights to Software.  Sun may terminate this Agreement should 
    108 any Software become, or in Sun's reasonable opinion likely to become, 
    109 the subject of a claim of intellectual property infringement or trade 
    110 secret misappropriation.  Upon termination, you will cease use of, and 
    111 destroy, Software and confirm compliance in writing to Sun.  Sections 1, 
    112 3, 4, 5, and 7-13 will survive termination of the Agreement.
    113 
    114 6. Limited Warranty. 
    115 
    116 Sun warrants to you that for a period of 90 days from the date of 
    117 receipt, the media on which Software is furnished (if any) will be free 
    118 of defects in materials and workmanship under normal use.  Except for 
    119 the foregoing, Software is provided "AS IS".  Your exclusive remedy and 
    120 Sun's entire liability under this limited warranty will be at Sun's 
    121 option to replace Software media or refund the fee paid for Software.  
    122 Some states do not allow limitations on certain implied warranties, so 
    123 the above may not apply to you.  This limited warranty gives you 
    124 specific legal rights.  You may have others, which vary from state to 
    125 state.
    126 
    127 7. Disclaimer of Warranty. 
    128 
    129 UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, 
    130 REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF 
    131 MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT 
    132 ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO 
    133 BE LEGALLY INVALID. 
    134 
    135 8. Limitation of Liability. 
    136 
    137 TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS 
    138 LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, 
    139 INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED 
    140 REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE 
    141 USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE 
    142 POSSIBILITY OF SUCH DAMAGES.  In no event will Sun's liability to you, 
    143 whether in contract, tort (including negligence), or otherwise, exceed 
    144 the amount paid by you for Software under this Agreement.  The foregoing 
    145 limitations will apply even if the above stated warranty fails of its 
    146 essential purpose.  Some states do not allow the exclusion of incidental 
    147 or consequential damages, so some of the terms above may not be 
    148 applicable to you. 
    149 
    150 9. Export Regulations. 
    151 
    152 All Software, documents, technical data, and any other materials 
    153 delivered under this Agreement are subject to U.S. export control laws 
    154 and may be subject to export or import regulations in other countries.  
    155 You agree to comply strictly with these laws and regulations and 
    156 acknowledge that you have the responsibility to obtain any licenses to 
    157 export, re-export, or import as may be required after delivery to you. 
    158 
    159 10. U.S. Government Restricted Rights. 
    160 
    161 If Software is being acquired by or on behalf of the U.S. Government or 
    162 by a U.S. Government prime contractor or subcontractor (at any tier), 
    163 then the Government's rights in Software and accompanying documentation 
    164 will be only as set forth in this Agreement; this is in accordance with 
    165 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) 
    166 acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions). 
    167 
    168 11. Governing Law. 
    169 
    170 Any action related to this Agreement will be governed by California law 
    171 and controlling U.S. federal law.  No choice of law rules of any 
    172 jurisdiction will apply. 
    173 
    174 12. Severability. 
    175 
    176 If any provision of this Agreement is held to be unenforceable, this 
    177 Agreement will remain in effect with the provision omitted, unless 
    178 omission would frustrate the intent of the parties, in which case this 
    179 Agreement will immediately terminate.
    180 
    181 13. Integration. 
    182 
    183 This Agreement is the entire agreement between you and Sun relating to 
    184 its subject matter.  It supersedes all prior or contemporaneous oral or 
    185 written communications, proposals, representations and warranties and 
    186 prevails over any conflicting or additional terms of any quote, order, 
    187 acknowledgment, or other communication between the parties relating to 
    188 its subject matter during the term of this Agreement.  No modification 
    189 of this Agreement will be binding, unless in writing and signed by an 
    190 authorized representative of each party.
    191