Java Servlet Developer's Kit Version 2.0 Binary Code License This license ("License") contains rights and restrictions associated with use of the accompanying software. Read the License carefully and select "Agree" at the bottom of this text window if you wish to install the software. 1. Limited License Grant. By selecting "Agree" at the bottom of this text window, Sun grants to you ("Licensee") a non-exclusive, non-transferable limited license to use the Software without fee for evaluation of the Software and for development of Java compatible servlets. Licensee may make one archival copy of the Software and may re-distribute complete, unmodified copies of the Software to software developers within Licensee's organization to avoid unnecessary download time, provided that this License conspicuously appear with all copies of the Software. Except for the foregoing and the distribution rights authorized for the servlet classes specified in Section 2 below, Licensee may not re-distribute the Software in whole or in part, either separately or included with a product. 2. License to Distribute Servlet Classes. Licensee is granted a royalty-free right to reproduce and distribute the servlet classes contained in the Software identified therein as "Sun.Servlet.*," "Javax.Servlet.*" or "Jsdk.Doc.Apidoc.*" ("Servlet Classes") provided that Licensee: (i) distrib- utes the Servlet Classes complete and unmodified only as part of, and for the sole purpose of run- ning, Licensee's Java compatible servlets ("Servlets"); (ii) does not distribute additional soft- ware intended to replace any component(s) of the Servlet Classes; (iii) agrees to incorporate the most current version of the Software that was available from Sun no later than 180 days prior to each production release of the Servlet; (iv) does not remove or alter any proprietary legends or no- tices contained in the Servlet Classes; (v) includes the provisions of Sections 3, 4, 6, 8, and 9 in Licensee's license agreement for the Program; and (vi) agrees to indemnify, hold harmless, and de- fend Sun and its licensors from and against any claims or lawsuits, including attorneys' fees, that arise or result from the use or distribution of the Program. 3. Restrictions. Software is confidential copyrighted information of Sun and title to all copies is retained by Sun and/or its licensors. Licensee shall not modify, decompile, disassemble, decrypt, extract, or otherwise reverse engineer Software. Software may not be leased, assigned, or sublicensed, in whole or in part. Software is not designed or intended for use in on-line control of aircraft, air traffic, aircraft navigation or aircraft communications; or in the design, construction, operation or maintenance of any nuclear facility. Licensee warrants that it will not use or redistribute the Software for such purposes. 4. Trademarks and Logos. This License does not authorize Licensee to use any Sun name, trademark or logo. Licensee acknowledges that Sun owns the Java trademark and all Java-related trademarks, logos and icons including the Coffee Cup and Duke ("Java Marks") and agrees to: (i) to comply with the Java Trademark Guidelines at http://java.com/trademarks.html; (ii) not do anything harmful to or inconsistent with Sun's rights in the Java Marks; and (iii) assist Sun in protecting those rights, including assigning to Sun any rights acquired by Licensee in any Java Mark. 5. Disclaimer of Warranty. Software is provided "AS IS," without a warranty of any kind. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED. 6. Limitation of Liability. SUN AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE OR ANY THIRD PARTY AS A RESULT OF USING OR DISTRIBUTING SOFTWARE. IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 7. Termination. Licensee may terminate this License at any time by destroying all copies of Software. This License will terminate immediately without notice from Sun if Licensee fails to comply with any provision of this License. Upon such termination, Licensee must destroy all copies of Software. 8. Export Regulations. Software, including technical data, is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. Licensee agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import Software. Software may not be downloaded, or otherwise exported or re-exported (i) into, or to a national or resident of, Cuba, Iraq, Iran, North Korea, Libya, Sudan, Syria or any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Denial Orders. 9. Restricted Rights. Use, duplication or disclosure by the United States government is subject to the restrictions as set forth in the Rights in Technical Data and Computer Software Clauses in DFARS 252.227-7013(c) (1) (ii) and FAR 52.227-19(c) (2) as applicable. 10. Governing Law. Any action related to this License will be governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. 11. Severability. If any of the above provisions are held to be in violation of applicable law, void, or unenforceable in any jurisdiction, then such provisions are herewith waived to the extent necessary for the License to be otherwise enforceable in such jurisdiction. However, if in Sun's opinion deletion of any provisions of the License by operation of this paragraph unreasonably compromises the rights or increase the liabilities of Sun or its licensors, Sun reserves the right to terminate the License and refund the fee paid by Licensee, if any, as Licensee's sole and exclusive remedy.