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.
