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Published by: psbece7915 on Jan 24, 2011
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Pre-Release Software Evaluation AgreementSUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE JAVA SE 6DEVELOPMENT KIT (JDK), BETA 2, PRE-RELEASE SOFTWARE TO LICENSEE ONLYUPON THE CONDITION THAT LICENSEE ACCEPTS ALL OF THE TERMS CONTAINED INTHIS LICENSE AGREEMENT ("AGREEMENT"). PLEASE READ THE TERMS ANDCONDITIONS OF THIS AGREEMENT CAREFULLY. BY DOWNLOADING OR INSTALLINGTHIS SOFTWARE, LICENSEE ACCEPTS THE TERMS AND CONDITIONS OF THISLICENSE AGREEMENT. INDICATE ACCEPTANCE BY SELECTING THE "ACCEPT" BUTTONAT THE BOTTOM OF THIS AGREEMENT. IF LICENSEE IS NOT WILLING TO BE BOUNDBY ALL THE TERMS, SELECT THE "DECLINE" BUTTON AT THE BOTTOM OF THEAGREEMENT AND THE DOWNLOAD OR INSTALL PROCESS WILL NOT CONTINUE.1.0 DEFINITIONS"Licensed Software" means the Java SE 6 Development Kit (JDK), Beta 2,pre-release software in binary and/or source code forms, any othermachine readable materials (including, but not limited to, libraries,source files, header files, and data files) and any user manuals,programming guides and other documentation provided to Licensee by Sununder this Agreement.2.0 LIMITED LICENSE2.1 Source Code. Sun grants to Licensee, a non-exclusive, non-transferable, royalty-free and limited license to view the source codeportions of the Licensed Software internally for the purposes ofevaluation only.2.2 Binary Code. Sun grants to Licensee, a non-exclusive, non-transferable, royalty-free and limited license to use the binary codeportions of the Licensed Software internally for the purposes ofevaluation only.2.3 No licenses are granted to Licensee for any other purposes,Licensee may not sell, rent, loan or otherwise encumber or transferLicensed Software in whole or in part, to any third party.3.0 LICENSE RESTRICTIONS3.1 Licensee may not duplicate Licensed Software other than for asingle copy of Licensed Software for archival purposes only. Licenseeagrees to reproduce any copyright and other proprietary right noticeson any such copy.3.2 Except as otherwise provided by law, Licensee may not modify orcreate derivative works of the Licensed Software, or reverse engineer,disassemble or decompile binary portions of the Licensed Software, orotherwise attempt to derive the source code from such portions.3.3 No right, title, or interest in or to Licensed Software, anytrademarks, service marks, or trade names of Sun or Sun's licensors isgranted under this Agreement.3.4 Licensee shall have no right to use the Licensed Software for
productive or commercial use.4.0 NO SUPPORTSun is under no obligation to support Licensed Software or to provideLicensee with updates or error corrections (collectively "SoftwareUpdates"). If Sun, at its sole option, supplies Software Updates toLicensee, the Software Updates will be considered part of LicensedSoftware, and subject to the terms of this Agreement.5.0 LICENSEE DUTIESLicensee agrees to evaluate and test the Software for use in Licensee'ssoftware environment and provide feedback to Sun in a manner reasonablyrequested by Sun. Any and all test results, error data, reports orother information, feedback or materials made or provided by Licenseerelating to Software (collectively, "Feedback") are the exclusiveproperty of Sun and Licensee hereby assigns all Feedback to Sun at nocost to Sun. Sun may use such Feedback in any manner and for anypurpose, without limitation, liability or obligation to Licensee.6.0 TERM AND TERMINATION OF AGREEMENT6.1 This Agreement will commence on the date on which Licensee receivesLicensed Software (the "Effective Date") and will expire ninety (90)days from the Effective Date, unless terminated earlier as providedherein.6.2 Either party may terminate this Agreement upon ten (10) days'written notice to the other party. However, Sun may terminate thisAgreement immediately should any Licensed Software become, or in Sun'sopinion be likely to become, the subject of a claim of infringement ofa patent, trade secret or copyright.6.3 Sun may terminate this Agreement immediately should Licenseematerially breach any of its provisions or take any action inderogation of Sun's rights to the Confidential Information licensed toLicensee.6.4 Upon termination or expiration of this Agreement, Licensee willimmediately cease use of and destroy Licensed Software, any copiesthereof and provide to Sun a written statement certifying that Licenseehas complied with the foregoing obligations.6.5 Rights and obligations under this Agreement which by their natureshould survive, will remain in effect after termination or expirationhereof.7.0 CONFIDENTIAL INFORMATION7.1 For purposes of this Agreement, "Confidential Information" means:(i) business and technical information and any source code or binarycode, which Sun discloses to Licensee related to Licensed Software;(ii) Licensee's feedback based on Licensed Software; and (iii) theterms, conditions, and existence of this Agreement. Licensee may not
disclose or use Confidential Information, except for the purposesspecified in this Agreement. Licensee will protect the ConfidentialInformation with the same degree of care, but not less than areasonable degree of care, as Licensee uses to protect its ownConfidential Information. Licensee's obligations regarding ConfidentialInformation will expire no less than five (5) years from the date ofreceipt of the Confidential Information, except for Sun source codewhich will be protected in perpetuity. Licensee agrees that LicensedSoftware contains Sun trade secrets.7.2 Notwithstanding any provisions contained in this Agreementconcerning nondisclosure and non-use of the Confidential Information,the nondisclosure obligations of Section 7.1 will not apply to anyportion of Confidential Information that Licensee can demonstrate inwriting is: (i) now, or hereafter through no act or failure to act onthe part of Licensee becomes, generally known to the general public;(ii) known to Licensee at the time of receiving the ConfidentialInformation without an obligation of confidentiality; (iii) hereafterrightfully furnished to Licensee by a third party without restrictionon disclosure; or (iv) independently developed by Licensee without anyuse of the Confidential Information.7.3 Licensee must restrict access to Confidential Information to itsemployees or contractors with a need for this access to perform theiremployment or contractual obligations and who have agreed in writing tobe bound by a confidentiality obligation, which incorporates theprotections and restrictions substantially as set forth in thisAgreement.8.0 DISCLAIMER OF WARRANTY8.1 Licensee acknowledges that Licensed Software may contain errors andis not designed, licensed, or intended for use in the design,construction, operation or maintenance of any nuclear facility ("HighRisk Activities"). Sun disclaims any express or implied warranty offitness for such uses. Licensee represents and warrants to Sun that itwill not use, distribute or license the Licensed Software for High RiskActivities.8.2 LICENSED SOFTWARE IS PROVIDED "AS IS". ALL EXPRESS OR IMPLIEDCONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING ANY IMPLIEDWARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR APARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THEEXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.9.0 LIMITATION OF LIABILITY9.1 Licensee acknowledges that the Licensed Software may beexperimental and that the Licensed Software may have defects ordeficiencies, which cannot or will not be corrected by Sun. Licenseewill hold Sun harmless from any claims based on Licensee's use of theLicensed Software for any purposes other than those of internalevaluation, and from any claims that later versions or releases of anyLicensed Software furnished to Licensee are incompatible with theLicensed Software provided to Licensee under this Agreement.

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