
Sun Microsystems, Inc. ("Sun") SOFTWARE LICENSE 
AGREEMENT and ENTITLEMENT for SOFTWARE

A. ENTITLEMENT for SOFTWARE

THIS ENTITLEMENT EVIDENCES YOUR RIGHT TO USE THE 
SOFTWARE UNDER THE TERMS OF THE SUN MICROSYSTEMS, INC. 
SOFTWARE LICENSE AGREEMENT FOR THE SUN SOFTWARE 
INDICATED HEREIN UNLESS OTHERWISE AGREED IN WRITING 
BETWEEN YOU AND SUN MICROSYSTEMS, INC. 

Licensee/Company: Entity downloading or installing 
Software.

Effective Date: The earlier of the date of first 
install or the date of download.

Software: Java 2 Platform, Enterprise Edition 1.4 SDK 
2005Q1

Permitted Use:   Service Provider Use

License Term:  Perpetual

Licensed Unit: Users

Licensed unit Count: Unlimited  


B. SOFTWARE LICENSE AGREEMENT

READ THE TERMS OF THIS AGREEMENT ("AGREEMENT") 
CAREFULLY BEFORE OPENING SOFTWARE MEDIA PACKAGE. BY 
OPENING SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS 
OF THIS AGREEMENT. IF YOU ARE ACCESSING SOFTWARE 
ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE 
TERMS BY SELECTING THE "ACCEPT" (OR EQUIVALENT) BUTTON 
AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO 
ALL OF THE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE 
TO YOUR PLACE OF PURCHASE FOR A REFUND OR, IF SOFTWARE 
IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE" (OR 
EQUIVALENT) BUTTON AT THE END OF THIS AGREEMENT. IF 
YOU HAVE SEPARATELY AGREED TO LICENSE TERMS ("MASTER 
TERMS") FOR YOUR LICENSE TO THIS SOFTWARE, THEN 
SECTIONS 1-6 OF THIS AGREEMENT ("SUPPLEMENTAL LICENSE 
TERMS") SHALL SUPPLEMENT AND SUPERSEDE THE MASTER 
TERMS IN RELATION TO THIS SOFTWARE.

1. Definitions.

(a) "Entitlement" means the collective set of 
applicable documents authorized by Sun evidencing your 
obligation to pay associated fees (if any) for the 
license, associated Services, and the authorized scope 
of use of Software under this Agreement.

(b) "Licensed Unit" means the unit of measure by which 
your use of Software and/or Service is licensed, as 
described in your Entitlement.

(c) "Permitted Use" means the licensed Software use(s) 
authorized in this Agreement as specified in your 
Entitlement. The Permitted Use for any bundled Sun 
software not specified in your Entitlement will be 
evaluation use as provided in Section 3.

(d) "Service" means the service(s) that Sun or its 
delegate will provide, if any, as selected in your 
Entitlement and as further described in the applicable 
service listings at www.sun.com/service/servicelist.

(e) "Software" means the Sun software described in 
your Entitlement. Also, certain software may be 
included for evaluation use under Section 3. 

(f) "You" and "Your" means the individual or legal 
entity specified in the Entitlement, or for evaluation 
purposes, the entity performing the evaluation.

2. License Grant and Entitlement.

Subject to the terms of your Entitlement, Sun grants 
you a nonexclusive, nontransferable limited license to 
use Software for its Permitted Use for the license 
term. Your Entitlement will specify (a) Software 
licensed, (b) the Permitted Use, (c) the license term, 
and (d) the Licensed Units. 

Additionally, if your Entitlement includes Services, 
then it will also specify the (e) Service and (f) 
service term. 

If your rights to Software or Services are limited in 
duration and the date such rights begin is other than 
the purchase date, your Entitlement will provide that 
beginning date(s).

The Entitlement may be delivered to you in various 
ways depending on the manner in which you obtain 
Software and Services, for example, the Entitlement 
may be provided in your receipt, invoice or your 
contract with Sun or authorized Sun reseller. It may 
also be in electronic format if you download Software.

3. Permitted Use.

As selected in your Entitlement, one or more of the 
following Permitted Uses will apply to your use of 
Software. Unless you have an Entitlement that 
expressly permits it, you may not use Software for any 
of the other Permitted Uses. If you don't have an 
Entitlement, or if your Entitlement doesn't cover 
additional software delivered to you, then such 
software is for your Evaluation Use.

(a) Evaluation Use. You may evaluate Software 
internally for a period of 90 days from your first 
use. 

(b) Research and Instructional Use. You may use 
Software internally to design, develop and test, and 
also to provide instruction on such uses.

(c) Individual Use. You may use Software internally 
for personal, individual use.

(d) Commercial Use. You may use Software internally 
for your own commercial purposes. 

(e) Service Provider Use. You may make Software 
functionality accessible (but not by providing 
Software itself or through outsourcing services) to 
your end users in an extranet deployment, but not to 
your affiliated companies or to government agencies.

4. Licensed Units.

Your Permitted Use is limited to the number of 
Licensed Units stated in your Entitlement. If you 
require additional Licensed Units, you will need 
additional Entitlement(s).

5. 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 
make a single archival copy of Software, but otherwise 
may not copy, modify, or distribute Software. However 
if the Sun 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 Sun 
documentation. (c) You may not rent, lease, lend or 
encumber Software. (d) Unless enforcement is 
prohibited by applicable law, you may not decompile, 
or reverse engineer Software. (e) 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. (f) 
You may not publish or provide the results of any 
benchmark or comparison tests run on Software to any 
third party without the prior written consent of Sun. 
(g) Software is confidential and copyrighted. (h) 
Unless otherwise specified, if Software is delivered 
with embedded or bundled software that enables 
functionality of Software, you may not use such 
software on a stand-alone basis or use any portion of 
such software to interoperate with any program(s) 
other than Software. (i) Software may contain programs 
that perform automated collection of system data 
and/or automated software updating services. System 
data collected through such programs may be used by 
Sun, its subcontractors, and its service delivery 
partners for the purpose of providing you with remote 
system services and/or improving Sun's software and 
systems. (j) 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. (k) 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.

6. 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.

7. Term and Termination. 

The license and service term are set forth in your 
Entitlement(s). 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, 5, 6, 7, and 9-15 will 
survive termination of the Agreement.

8. Limited Warranty. 

Sun warrants to you that for a period of 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. 
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.

9. 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. 

10. 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. 

11. 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. 

12. U.S. Government Restricted Rights. 

If Software is being acquired by or on behalf of the 
U.S. Governmentor 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). 

13. 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. 

14. 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.

15. Integration. 

This Agreement, including any terms contained in your 
Entitlement, 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.

Please contact Sun Microsystems, Inc. 4150 Network 
Circle, Santa Clara, California 95054 if you have 
questions.

