HiCommand License Agreement This HiCommand License Agreement (“Agreement”) governs the business transactions by and between You and Hitachi Data Systems Corporation ("HDS") whereby You are licensing HiCommand (“Product”) from HDS. Please read the following terms and conditions carefully before clicking your acceptance. If you do not agree with the terms and conditions, please return the Product for a full refund. By clicking your acceptance, You have caused this Agreement and the following license agreements to be duly executed by your authorized representative and agree to be bound by the following terms. License HDS hereby grants You a personal, nonexclusive and nontransferable license to use the Product for your internal business purposes in accordance with its related documentation. You may make one copy of the Product portion of the Product for backup purposes and must reproduce all copyright and other proprietary notices contained in the original copy. You may not otherwise copy, translate, modify, adapt, decompile, extract, disassemble, or reverse engineer the Product or develop products which incorporate portions of it, or cause or permit any such activity. The Product includes software developed by the Apache Software Foundation (http://www.apache.org), the JDOM Project (http://www.jdom.org/), Sun Microsystems, Inc. (http://www.sun.com), Borland Software Corporation (http://www.borland.com) and others (“Third Party Software”). You further agree that any Third Party Software shall be governed by the related following license agreement including, but not limited to, any warranty and intellectual property provisions. Limited Warranty HDS warrants to You that, for ninety (90) days following delivery, the Product when properly installed will perform substantially as described in its accompanying documentation under normal use. Except for the foregoing, the Product is provided “AS IS.” Your sole and exclusive remedy and HDS’ sole and exclusive liability under this limited warranty will be at HDS’ option to repair or replace the Product or refund the fee paid for the Product. HDS does not warrant that: (i) operation of any Product will be uninterrupted or error free; (ii) functions contained in the Product will operate in the combinations selected by You; or (iii) use of the Product will meet Your requirements. EXCEPT FOR THE WARRANTY PROVIDED ABOVE, ALL WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THE STATUTORY WARRANTY OF NON-INFRINGEMENT ARE HEREBY EXCLUDED AND DISCLAIMED. Limitation of Liability Under no circumstances will HDS or any of its licensors be liable for any special, indirect, incidental, consequential or punitive damages of any kind or nature whatsoever, arising out of or in any way related to this agreement or the transactions contemplated hereby, including without limitation, lost profits and loss of records or data, whether in an action based on contract, warranty, strict liability, or tort (including negligence) even if they have been advised of the possibility of such damage or if such damage could have been reasonably foreseen and notwithstanding any failure of essential purpose of any exclusive remedy provided herein. In no event will HDS’ and its licensors’ total liability relating to or in connection with a Product exceed the actual amount paid to HDS by You for such Product. Ownership The Product is confidential and proprietary information belonging to HDS and its licensors. All trademarks, service marks, patents, copyrights, trade secrets, inventions, and other proprietary rights in or related to the Product are the exclusive property of HDS or its licensors. You agree not to take any action which jeopardizes HDS' or it licensors’ confidential information or proprietary rights and You will not acquire any rights in the Product, except the limited right to use as specified herein. HDS or its designee will own all rights in any copy, translation, modification, adaptation, or derivation of the Products, including improvement or development thereof. Nothing will be construed as granting You any right, title or interest in the Product or in any copies thereof, other than the right to use the Product expressly granted herein. U.S. Government Restricted Rights With respect to any acquisition of the Product by or for any unit or agency of the U.S. Government, the Product is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. Termination This Agreement or any license for a Product may be terminated immediately by either party for breach of this Agreement at which time all rights granted to You will cease and You will immediately cease the use of the Product and promptly purge and destroy all copies of the Product. Compliance with Laws Unless otherwise stated, this Agreement will be construed, interpreted and applied in accordance with the laws of the State of Delaware without regards to its conflict of laws principles. You acknowledge that U.S. laws, regulations and requirements regulate the export of U.S. origin products/technology and prohibit use, sale or re-export if You know, or have reason to know, that such products/technology are for use in connection with the design, development, production, stockpiling or use of nuclear, chemical or biological weapons or missiles. General These terms and conditions will prevail over and supersede: (i) any pre-printed terms or conflicting terms contained in Your purchase order or other business form notwithstanding HDS’ acceptance or acknowledgment thereof, and (ii) all prior oral and written and all contemporaneous oral negotiations, commitments and understandings of the parties relating to the subject matter hereof. If any provision of this Agreement, is held to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal and enforceable, and the remaining provisions shall not in any way be affected or impaired. During the term of this Agreement and for one year after termination, HDS or its representative may, upon prior notice to You inspect the files, computer processors, equipment and facilities of You during normal working hours to verify Your compliance with this Agreement. You agree that any breach of Your obligations hereunder may result in irreparable injury for which HDS will not have an adequate remedy at law. Accordingly, HDS will be entitled to seek injunctive relief in a court or competent jurisdiction against any such breach. Nothing in this Agreement will be interpreted as prohibiting HDS from pursuing or obtaining any other remedies otherwise available to it for any actual or threatened breach, including recovery of damages. COUNTRY UNIQUE TERMS ARGENTINA: Add the following to the Limitation of Liability Section: HDS will not be liable for: (i) the Product's performing in a way different than that described in its accompanying documentation after ninety (90) days following delivery; or (ii) interruptions or errors in the operation of the Product to the extent such interruptions or errors may be reasonably expected under normal operation. Add the following to the Termination Section: The parties waive the right established under articles 216 of the Argentine Commercial Code and 1204 of the Argentine Civil Code to remedy any breach of this Agreement. Add the following to the Compliance with Laws Section: This Agreement shall be governed by the laws of the Republic of Argentina. Should any difference or dispute arise between the parties with regard to this Agreement, they shall be exclusively and finally settled by the General Arbitration Court of the Bolsa de Comercio de Buenos Aires, in accordance with the regulations applicable to arbitraje de derecho, which the parties know and accept. The ordinary courts of the city of Buenos Aires shall have venue for the enforcement of any award. ASEAN COUNTRIES: Hitachi Data Systems (“HDS”) shall refer to HITACHI DATA SYSTEMS PTE. LTD. AUSTRALIA: Add the following to the end of the License Section: Without limiting HDS' right to rely upon these terms being binding as a "click- wrap license", these terms form part of Your agreement with HDS made when You agreed to obtain the Equipment from HDS or its reseller. Replace the second sentence of the License Section with: You may, subject to Your rights under the Copyright Act 1961, make one backup copy of the Equipment Software and Programs, provided that You reproduce on that backup copy all of the original copyright notices. Add the following to the Limitation of Liability Section: Where it is not lawful or possible to exclude conditions, warranties or rights implied or given in respect of this Agreement by the Trade Practices Act 1974 or other laws, HDS' liability for any breach of such implied conditions, warranties or rights will (but only to the extent allowed by law) be limited (at HDS' option): (a) in the case of goods supplied, to the replacement or repair of the goods or the supply of equivalent goods, the payment of the cost of repairing or replacing the goods or of acquiring equivalent goods; All other implied conditions, warranties and rights, together with any implied by custom or other circumstances, are excluded. BELGIUM: Add the following to the Limitation of Liability Section: HDS does not exclude its liability for its intentional faults or acts of bad faith. CANADA: Replace the first sentence of the Compliance with Laws Section with: This Agreement is governed by the laws of the Province of Ontario. CENTRAL EUROPE & RUSSIA: Replace the first sentence of the Compliance with Laws Section with: This Agreement is governed by the material laws of Austria. All disputes and controversies between the parties arising out of, or in connection with this Agreement or its implementation, performance or interpretation, shall be finally settled under the Rules of Arbitration and Reconciliation of the Arbitral Centre of the Federal Economic Chamber in Vienna (Vienna Rules), by three arbitrators appointed in accordance with said Rules. The arbitration shall be held in Vienna, Austria. The official language of the proceedings shall be English. The decision of the arbitrators shall be final and binding upon both parties and therefore, the parties pursuant to paragraph 598(2) of the Austrian Code of Civil Procedure, expressly waive the application of paragraph 595(1), figure 7 of said Code. The clauses set forth above shall, however, in no way limit our right to institute proceedings in any competent court. EGYPT: Replace the first sentence of the Compliance with Laws Section with: This Agreement is governed by the laws of Egypt. All disputes arising in connection with this Agreement shall be resolved amicably or finally settled in Arbitration to be held in Egypt. ESTONIA, LATVIA, LITHUANIA: Replace the first sentence of the Compliance with Laws Section with: All disputes arising in connection with the present Agreement shall be finally settled in Arbitration. Each party shall appoint one arbitrator and they shall jointly appoint the chairman. If they cannot agree on the chairman, then the chairman shall be appointed by the Central Chamber of Commerce in Helsinki. In the Arbitration the laws of Arbitration will be adhered to. Finnish law shall apply. The arbitrators shall come together in Helsinki. FRANCE: Replace the last sentence of the Limitation of Liability Section with: For any contractual claim, HDS will be liable to You only for the amount of Your actual direct loss or damage relating to the Product, up to the license fee paid by You for the same, less depreciation based on a 5-year double declining balance (with no salvage value), plus a pro-rata share of any support fees which You actually paid to HDS for the period during which the Product was not usable. GERMANY, AUSTRIA, SWITZERLAND: Add the following to the Limited Warranty Section: If the Product is delivered without specifications, HDS will only warrant that its information correctly describes it and that it can be used according to such information. For non-HDS-created Product, which is contracted and delivered by HDS, the warranty for HDS-created Product applies unless agreed otherwise in writing. Warranty service for non-HDS-created Product may be performed by non-HDS manufacturers. Add the following to the Limitation of Liability Section: The limitations and exclusions specified in the Agreement will not apply to damages caused by HDS with intention or gross negligence. HDS is liable for assured characteristics. HONG KONG SPECIAL ADMINISTRATIVE REGION: Add the following to the License Section: Without in any way limiting the foregoing, You expressly waive and relinquish Your right to copy or adapt any Product as may otherwise be permitted by Section 61 of the Hong Kong Copyright Ordinance. Replace the second paragraph of the Limited Warranty Section with: TO THE FULLEST EXTENT PERMITTED BY LAW, HDS DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL OTHER EXPRESSED OR IMPLIED WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY AND THE STATUTORY WARRANTY OF NON-INFRINGEMENT. INDONESIA: Add the following to the Termination Section: To the extent necessary to implement the termination provisions of this Agreement, each of the parties hereby waives any right or obligation that the other party may now or hereafter have under any applicable law or regulation to request or obtain the approval, order, decision or judgement of any court or other authority to terminate this Agreement. IRELAND: Add the following to the Limited Warranty Section: Except as expressly provided in these terms and conditions, all statutory conditions, including all warranties implied, but without prejudice to the generality of the foregoing all warranties implied by the Sale of Goods Act of 1893, or the Sale of Goods and Supply of Services Act 1980, are hereby excluded. ITALY: Add the following to the License Section: The above provisions are without prejudice to statutory provisions of Article 64-quarter of Law no 663 dated 22 April 1941. Replace the first sentence of the Compliance with Laws Section with: This Agreement shall be governed by the laws of Italy. Replace the last sentence of the Limitation of Liability Section with: For any contractual claim, HDS shall be liable to You only for the amount of Your actual direct loss or damage relating to the Product, up to the license fee paid by You for it, less depreciation based on a 5-year double declining balance (with no salvage value) plus a pro rata share of any support fees which You actually paid to HDS for the period during which the Product was not usable. The limitation and exclusions specified in the Agreement shall not be applied to damages caused by HDS with intention or gross negligence. HDS shall be liable for any specification or quality of the Product expressly guaranteed to You. The limitation and the exclusions of liability specified in this Section shall be applied without prejudice to all statutory provisions implied by Articles 1469-bis and 1579 of the Italian Civil Code and by Law no 224 dated 24 May 1988 and Dlgs no 115 dated 17 March 1995. MEXICO: Add the following to the Compliance with Laws Section: The parties agree that the Courts of the City of Mexico shall have exclusive jurisdiction to determine the validity, interpretation, and performance of this Agreement. Replace the Termination Section with: This Agreement or any Product license may be terminated immediately without previous judicial declaration by either party for breach of this Agreement at which time all rights granted to You will immediately cease and You will immediately cease the use of the Product and promptly purge and destroy all copies of the Product. MIDDLE EASTER COUNTRIES OF ABU-DHABI(UAE), BAHRAIN, DUBAI(UAE), OMAN, KUWAIT, QATAR: Replace the first sentence of the Compliance with Laws Section with: This Agreement is governed by the law and jurisdiction of Bahrain. NETHERLANDS: Add the following to the Limitation of Liability Section: HDS does not exclude its liability for damages caused by HDS with intention or gross negligence. NEW ZEALAND: Add the following to the Limited Warranty Section: The warranties specified in this Section are in addition to any rights You may have under the Consumers Guarantee Act 1993 (the “Act”) or other legislation, which cannot be excluded or limited. The Act will not apply in respect of any goods or services that HDS provides, if You require the goods or services for the purposes of a business as defined in the Act. Add the following to the Limitation of Liability Section: Where products or services are not acquired for the purposes of a business as defined in the Consumer Guarantees Act 1993, the limitations in this Section are subject to the limitations in that Act. Where the liability of HDS under any implied warranty or term cannot be excluded or where any exclusion of that liability is held to be invalid, HDS’ liability for breach of that implied warranty or term will be limited to the amount paid by You for the Product supplied. SAUDI ARABIA: Replace the second paragraph of the Limited Warranty Section with: THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES WITH RESPECT TO PRODUCT. HDS DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES INCLUDING ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. HDS, ITS RESELLERS, LICENSORS AND DEVELOPERS OF PRODUCT DO NOT WARRANT THAT THE PRODUCT OR THE SYSTEM WILL OPERATE UNINTERRUPTED OR ERROR-FREE. THE REMEDY FOR BREACH OF WARRANTY IN THIS SECTION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY AND HDS’ SOLE AND EXCLUSIVE LIABILITY. Replace the first sentence of the Compliance with Laws Section with: The validity of this Agreement, its interpretation and enforcement will be governed by the laws of Saudi Arabia. Any dispute arising out of, or relating to, or in any way connected with this Agreement shall be subject to the exclusive jurisdiction of the competent tribunal of the Board of Grievances, whose decision shall be final and binding on the parties. SINGAPORE & MALAYSIA: Replace the second paragraph of the Limited Warranty Section with: THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES WITH RESPECT TO THE PRODUCT. TO THE FULL EXTENT PERMITTED UNDER ALL APPLICABLE LAWS, HDS DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL OTHER EXPRESS OR IMPLIED TERMS CONDITIONS AND/OR WARRANTIES INCLUDING THE IMPLIED TERMS CONDITIONS AND/OR WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND/OR SATISFACTORY QUALITY. HDS, ITS RESELLERS, LICENSORS AND DEVELOPERS OF PRODUCT DO NOT WARRANT THAT THE PRODUCT WILL OPERATE UNINTERRUPTED OR ERROR-FREE. EACH REMEDY FOR BREACH OF WARRANTY LISTED BELOW SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY AND HDS’ SOLE AND EXCLUSIVE LIABILITY. SPAIN: Add the following to the Limitation of Liability Section: HDS does not exclude its liability for willful misconduct or severe negligence. TAIWAN: The following paragraphs are added to the end of the Agreement: You confirm that HDS has provided adequate opportunity for You to carefully read the full content of this Agreement, and You have sole discretion to refuse the Agreement in the event You believe that any of its provisions are unfair. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable Taiwan laws and regulations. UNITED KINGDOM: Replace the second paragraph of the Limited Warranty Section with: THESE WARRANTIES REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. Add the following to the Limitation of Liability Section: This limitation will not apply for claims of death or personal injury or physical damage to Your tangible property caused by HDS’ negligence, or to any breach of HDS' obligations implied by Section 12 of the Sales of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982. The JDOM Software License Copyright (C) 2000 Brett McLaughlin & Jason Hunter. All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: 1. Redistributions of source code must retain the above copyright notice, this list of conditions, and the following disclaimer. 2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions, and the disclaimer that follows these conditions in the documentation and/or other materials provided with the distribution. 3. The name "JDOM" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact license@jdom.org. 4. Products derived from this software may not be called "JDOM", nor may "JDOM" appear in their name, without prior written permission from the JDOM Project Management (pm@jdom.org). 5. In addition, we request (but do not require) that you include in the end-user documentation provided with the redistribution and/or in the software itself an acknowledgement equivalent to the following: "This product includes software developed by the JDOM Project (http://www.jdom.org/)." Alternatively, the acknowledgment may be graphical using the logos available at http://www.jdom.org/images/logos. 6. THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 7. This software consists of voluntary contributions made by many individuals on behalf of the JDOM Project and was originally created by Brett McLaughlin and Jason Hunter . For more information on the JDOM Project, please see . The Apache Software License, Version 1.1 Copyright (c) 1999-2001 The Apache Software Foundation. All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: 1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. 2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. 3. The end-user documentation included with the redistribution, if any, must include the following acknowlegement: "This product includes software developed by the Apache Software Foundation (http://www.apache.org/)." Alternately, this acknowlegement may appear in the software itself, if and wherever such third-party acknowlegements normally appear. 4. The names "The Jakarta Project", "Struts", and "Apache Software Foundation" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact apache@apache.org. 5. Products derived from this software may not be called "Apache" nor may "Apache" appear in their names without prior written permission of the Apache Group. THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. ==================================================================== This software consists of voluntary contributions made by many individuals on behalf of the Apache Software Foundation. For more information on the Apache Software Foundation, please see . Terms and conditions of the license & export for Java(TM) Web Start 1.0.1 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. 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. JAVA (TM) WEBSTART VERSION 1.0.x 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 Agreement, or in any license contained within the Software. 1. License to Distribute Software. Subject to the terms and conditions of this Agreement, including, but not limited to Section 3 (Java (TM) Technology Restrictions) of these Supplemental Terms, Sun grants you a non- exclusive, non-transferable, limited license to reproduce and distribute the Software in binary code form only, provided that (i) you distribute the Software complete and unmodified and only bundled as part of, and for the sole purpose of running, your Java applets or applications ("Programs"), (ii) the Programs add significant and primary functionality to the Software, (iii) you do not distribute additional software intended to replace any component(s) of the Software, (iv) you do not remove or alter any proprietary legends or notices contained in the Software, (v) you only distribute the Software subject to a license agreement that protects Sun's interests consistent with the terms contained in this Agreement, and (vi) 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 and/or Software. 2. License to Distribute Redistributables. In addition to the license granted in Section 1 (License to Distribute Software) of these Supplemental Terms, subject to the terms and conditions of this Agreement, including but not limited to Section 3 (Java Technology Restrictions) of these Supplemental Terms, Sun grants you a non- exclusive, non-transferable, limited license to reproduce and distribute the binary form of those files specifically identified as redistributable in the Software "README" file ("Redistributables") provided that: (i) you distribute the Redistributables complete and unmodified (unless otherwise specified in the applicable README file), and only bundled as part of Programs, (ii) you do not distribute additional software intended to supersede any component(s) of the Redistributables, (iii) you do not remove or alter any proprietary legends or notices contained in or on the Redistributables, (iv) you only distribute the Redistributables pursuant to a license agreement that protects Sun's interests consistent with the terms contained in the Agreement, and (v) 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 and/or Software. 3. Java Technology Restrictions. You may not modify the Java Platform Interface ("JPI", identified as classes contained within the "java" package or any subpackages of the "java" package), by creating additional classes within the JPI or otherwise causing the addition to or modification of the classes in the JPI. In the event that you create an additional class and associated API(s) which (i) extends the functionality of the Java platform, and (ii) is exposed to third party software developers for the purpose of developing additional software which invokes such additional API, you must promptly publish broadly an accurate specification for such API for free use by all developers. You may not create, or authorize your licensees to create, additional 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. 4. Notice of Contents. Software may contain a Java Runtime Environment (JRE). 5. Notice of Automatic Software Updates from Sun. You acknowledge that the Software may automatically download, install, and execute applets, applications, software extensions, and updated versions of the Software from Sun ("Software Updates"), which may require you to accept updated terms and conditions for installation. If additional terms and conditions are not presented on installation, the Software Updates will be considered part of the Software and subject to the terms and conditions of the Agreement. 6. Notice of Automatic Downloads. You acknowledge that, by your use of the Software and/or by requesting services that require use of the Software, the Software may automatically download, install, and execute software applications from sources other than Sun ("Other Software"). Sun makes no representations of a relationship of any kind to licensors of Other Software. 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 OTHER SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 7. Limited Warranty. Any implied warranties on the Software are limited to 90 days. Some states do not allow limitations on duration of an implied warranty, 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. 8. Limitation of Liability. Some states do not allow the exclusion of incidental or consequential damages, so some of the terms of Section 5, Limitation of Liability, above may not be applicable to you. 9. Trademarks and Logos. You acknowledge and agree as between you and Sun that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE, STAROFFICE, STARPORTAL and iPLANET trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE, STAROFFICE, STARPORTAL 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. 10. 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. 11. 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. 901 San Antonio Road, Palo Alto, California 94303 (LFI#91068/Form ID#011801)