Java Platform, Enterprise Edition 5 (Java EE 5) Tools Bundle Please review the complete list of open-source licenses governing software included in this software. They can be found in the THIRDPARTYREADME.txt file. Please review the list of libraries and licenses provided for use and redistribution by other parties. These libraries are redistributable subject to the conditions in the DISTRIBUTION.txt file. This license file contains five distinct licenses. LICENSE #1: The Common Development and Distribution License (CDDL) governs your use of: NetBeans Enterprise Pack 5.5 Integrated Development Environment (IDE) Modules, except for the JGo binaries, which are governed by the Software License Agreement below LICENSE #2: The Software License Agreement governs your use of: Java Platform, Enterprise Edition 5 SDK Update 1, Sun Java System Access Manager Policy Agent 2.2 for Sun Java System Application Server 9.0 / Web Services, and the JGo binaries LICENSE #3: The Pre-Release Software Evaluation Agreement governs your use of: Sun Java System Access Manager 7.1 LICENSE #4: The Pre-Release Software Evaluation Agreement governs your use of: Portlet Container 1.0 LICENSE #5:The Common Development and Distribution License (CDDL) version 1.0 governs your use of: NetBeans ******************************************************************************** LICENSE #1: COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0 1. Definitions. 1.1. "Contributor" means each individual or entity that creates or contributes to the creation of Modifications. 1.2. "Contributor Version" means the combination of the Original Software, prior Modifications used by a Contributor (if any), and the Modifications made by that particular Contributor. 1.3. "Covered Software" means (a) the Original Software, or (b) Modifications, or (c) the combination of files containing Original Software with files containing Modifications, in each case including portions thereof. 1.4. "Executable" means the Covered Software in any form other than Source Code. 1.5. "Initial Developer" means the individual or entity that first makes Original Software available under this License. 1.6. "Larger Work" means a work which combines Covered Software or portions thereof with code not governed by the terms of this License. 1.7. "License" means this document. 1.8. "Licensable" means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein. 1.9. "Modifications" means the Source Code and Executable form of any of the following: A. Any file that results from an addition to, deletion from or modification of the contents of a file containing Original Software or previous Modifications; B. Any new file that contains any part of the Original Software or previous Modification; or C. Any new file that is contributed or otherwise made available under the terms of this License. 1.10. "Original Software" means the Source Code and Executable form of computer software code that is originally released under this License. 1.11. "Patent Claims" means any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any patent Licensable by grantor. 1.12. "Source Code" means (a) the common form of computer software code in which modifications are made and (b) associated documentation included in or with such code. 1.13. "You" (or "Your") means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License. For legal entities, "You” includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, "control” means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity. 2. License Grants. 2.1. The Initial Developer Grant. Conditioned upon Your compliance with Section 3.1 below and subject to third party intellectual property claims, the Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license: (a) under intellectual property rights (other than patent or trademark) Licensable by Initial Developer, to use, reproduce, modify, display, perform, sublicense and distribute the Original Software (or portions thereof), with or without Modifications, and/or as part of a Larger Work; and (b) under Patent Claims infringed by the making, using or selling of Original Software, to make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the Original Software (or portions thereof). (c) The licenses granted in Sections 2.1(a) and (b) are effective on the date Initial Developer first distributes or otherwise makes the Original Software available to a third party under the terms of this License. (d) Notwithstanding Section 2.1(b) above, no patent license is granted: (1) for code that You delete from the Original Software, or (2) for infringements caused by: (i) the modification of the Original Software, or (ii) the combination of the Original Software with other software or devices. 2.2. Contributor Grant. Conditioned upon Your compliance with Section 3.1 below and subject to third party intellectual property claims, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license: (a) under intellectual property rights (other than patent or trademark) Licensable by Contributor to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof), either on an unmodified basis, with other Modifications, as Covered Software and/or as part of a Larger Work; and (b) under Patent Claims infringed by the making, using, or selling of Modifications made by that Contributor either alone and/or in combination with its Contributor Version (or portions of such combination), to make, use, sell, offer for sale, have made, and/or otherwise dispose of: (1) Modifications made by that Contributor (or portions thereof); and (2) the combination of Modifications made by that Contributor with its Contributor Version (or portions of such combination). (c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date Contributor first distributes or otherwise makes the Modifications available to a third party. (d) Notwithstanding Section 2.2(b) above, no patent license is granted: (1) for any code that Contributor has deleted from the Contributor Version; (2) for infringements caused by: (i) third party modifications of Contributor Version, or (ii) the combination of Modifications made by that Contributor with other software (except as part of the Contributor Version) or other devices; or (3) under Patent Claims infringed by Covered Software in the absence of Modifications made by that Contributor. 3. Distribution Obligations. 3.1. Availability of Source Code. Any Covered Software that You distribute or otherwise make available in Executable form must also be made available in Source Code form and that Source Code form must be distributed only under the terms of this License. You must include a copy of this License with every copy of the Source Code form of the Covered Software You distribute or otherwise make available. You must inform recipients of any such Covered Software in Executable form as to how they can obtain such Covered Software in Source Code form in a reasonable manner on or through a medium customarily used for software exchange. 3.2. Modifications. The Modifications that You create or to which You contribute are governed by the terms of this License. You represent that You believe Your Modifications are Your original creation(s) and/or You have sufficient rights to grant the rights conveyed by this License. 3.3. Required Notices. You must include a notice in each of Your Modifications that identifies You as the Contributor of the Modification. You may not remove or alter any copyright, patent or trademark notices contained within the Covered Software, or any notices of licensing or any descriptive text giving attribution to any Contributor or the Initial Developer. 3.4. Application of Additional Terms. You may not offer or impose any terms on any Covered Software in Source Code form that alters or restricts the applicable version of this License or the recipients' rights hereunder. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Software. However, you may do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You must make it absolutely clear that any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of warranty, support, indemnity or liability terms You offer. 3.5. Distribution of Executable Versions. You may distribute the Executable form of the Covered Software under the terms of this License or under the terms of a license of Your choice, which may contain terms different from this License, provided that You are in compliance with the terms of this License and that the license for the Executable form does not attempt to limit or alter the recipient's rights in the Source Code form from the rights set forth in this License. If You distribute the Covered Software in Executable form under a different license, You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by the Initial Developer or Contributor. You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of any such terms You offer. 3.6. Larger Works. You may create a Larger Work by combining Covered Software with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Software. 4. Versions of the License. 4.1. New Versions. Sun Microsystems, Inc. is the initial license steward and may publish revised and/or new versions of this License from time to time. Each version will be given a distinguishing version number. Except as provided in Section 4.3, no one other than the license steward has the right to modify this License. 4.2. Effect of New Versions. You may always continue to use, distribute or otherwise make the Covered Software available under the terms of the version of the License under which You originally received the Covered Software. If the Initial Developer includes a notice in the Original Software prohibiting it from being distributed or otherwise made available under any subsequent version of the License, You must distribute and make the Covered Software available under the terms of the version of the License under which You originally received the Covered Software. Otherwise, You may also choose to use, distribute or otherwise make the Covered Software available under the terms of any subsequent version of the License published by the license steward. 4.3. Modified Versions. When You are an Initial Developer and You want to create a new license for Your Original Software, You may create and use a modified version of this License if You: (a) rename the license and remove any references to the name of the license steward (except to note that the license differs from this License); and (b) otherwise make it clear that the license contains terms which differ from this License. 5. DISCLAIMER OF WARRANTY. COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. 6. TERMINATION. 6.1. This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive. 6.2. If You assert a patent infringement claim (excluding declaratory judgment actions) against Initial Developer or a Contributor (the Initial Developer or Contributor against whom You assert such claim is referred to as “Participant”) alleging that the Participant Software (meaning the Contributor Version where the Participant is a Contributor or the Original Software where the Participant is the Initial Developer) directly or indirectly infringes any patent, then any and all rights granted directly or indirectly to You by such Participant, the Initial Developer (if the Initial Developer is not the Participant) and all Contributors under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant terminate prospectively and automatically at the expiration of such 60 day notice period, unless if within such 60 day period You withdraw Your claim with respect to the Participant Software against such Participant either unilaterally or pursuant to a written agreement with Participant. 6.3. If You assert a patent infringement claim against Participant alleging that the Participant Software directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken into account in determining the amount or value of any payment or license. 6.4. In the event of termination under Sections 6.1 or 6.2 above, all end user licenses that have been validly granted by You or any distributor hereunder prior to termination (excluding licenses granted to You by any distributor) shall survive termination. 7. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. 8. U.S. GOVERNMENT END USERS. The Covered Software is a “commercial item,” as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of “commercial computer software” (as that term is defined at 48 C.F.R. § 252.227-7014(a)(1)) and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Software with only those rights set forth herein. This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFAR, or other clause or provision that addresses Government rights in computer software under this License. 9. MISCELLANEOUS. This License represents the complete agreement concerning subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by the law of the jurisdiction specified in a notice contained within the Original Software (except to the extent applicable law, if any, provides otherwise), excluding such jurisdiction's conflict-of-law provisions. Any litigation relating to this License shall be subject to the jurisdiction of the courts located in the jurisdiction and venue specified in a notice contained within the Original Software, with the losing party responsible for costs, including, without limitation, court costs and reasonable attorneys' fees and expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License. You agree that You alone are responsible for compliance with the United States export administration regulations (and the export control laws and regulation of any other countries) when You use, distribute or otherwise make available any Covered Software. 10. RESPONSIBILITY FOR CLAIMS. As between Initial Developer and the Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License and You agree to work with Initial Developer and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability. NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) The NetBeans code released under the CDDL shall be governed by the laws of the State of California (excluding conflict-of-law provisions). Any litigation relating to this License shall be subject to the jurisdiction of the Federal Courts of the Northern District of California and the state courts of the State of California, with venue lying in Santa Clara County, California. LICENSE #2: Sun Microsystems, Inc. ("Sun") ENTITLEMENT for SOFTWARE Licensee/Company: Entity receiving Software. Effective Date: Date of delivery of the Software to You. Software: Java Platform, Enterprise Edition 5 SDK Update 1, which includes the following: (i) Sun Java System Application Server Platform Edition 9 UR1, (ii) Project Open ESB Starter Kit, (iii) Java Platform Enterprise Edition 5 Samples, (iii) Java BluePrints, (iv) API Documentation, and (v) First Cup of Enterprise Java Tutorial License Term: Perpetual (subject to termination under the SLA). Licensed Unit: Software Copy. Licensed unit Count: Unlimited. Permitted Uses: 1. You may reproduce and use the Software for Individual, Commercial, Service Provider and Research and Instructional Use only for the purposes of designing, developing, testing, and running Your applets and application ("Programs"). 2. Subject to the terms and conditions of this Agreement and restrictions and exceptions set forth in the Software's documentation, You may reproduce and distribute portions of Software identified as a redistributable in the documentation ("Redistributable"), provided that: (a) you distribute Redistributable complete and unmodified and only bundled as part of Your Programs, (b) your Programs add significant and primary functionality to the Redistributable, (c) you distribute Redistributable for the sole purpose of running your Programs, (d) you do not distribute additional software intended to replace any component(s) of the Redistributable, (e) you do not remove or alter any proprietary legends or notices contained in or on the Redistributable. (f) you only distribute the Redistributable subject to a license agreement that protects Sun's interests consistent with the terms contained in this Agreement, and (g) 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 Redistributable. 3. Java Technology Restrictions. You may not create, modify, or change the behavior of, or authorize your licensees to create, modify, or change the behavior of, 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. Sun Microsystems, Inc. ENTITLEMENT for SOFTWARE Licensee/Company: Entity receiving Software. Effective Date: Date Sun delivers the Software to You. Software: Sun Java System Application Server Platform Edition 9.0 update 1. License Term: Perpetual (subject to termination under the SLA). Licensed Unit: Software Copy. Licensed unit Count: Unlimited. Permitted Uses: You may reproduce and use the Software for Individual, Commercial, Research and Instructional and Service Provider Use, subject to and conditioned on Your compliance with the Additional Terms below. Additional Terms: 1. Software includes only the versions of the above products that are made initially available to You. 2. Notwithstanding anything to the contrary in any Master Terms between the parties or in the SLA, Master Terms do not apply to Software under this Agreement. Sun Microsystems, Inc. ENTITLEMENT for SOFTWARE Licensee/Company: Entity receiving Software. Effective Date: Date Sun delivers the Software to You. Software: JGo Software 5.1. License Term: Perpetual (subject to termination under the SLA). Licensed Unit: Software Copy. Licensed unit Count: Unlimited. Permitted Uses: You may reproduce and use the Software for Individual, Commercial, Research and Instructional and Service Provider Use, subject to and conditioned on Your compliance with the Additional Terms below. Additional Terms: 1. Software includes only the versions of the above products that are made initially available to You. 2. Notwithstanding anything to the contrary in any Master Terms between the parties or in the SLA, Master Terms do not apply to Software under this Agreement. 3. You may only use the JGo software in binary form and only in conjunction with the associated Sun products. Sun Microsystems, Inc. ("Sun") 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" 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 "EXIT") 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 1-5 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 are 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. 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. 7. 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. 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. 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). 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. LICENSE #3: Pre-Release Software Evaluation Agreement SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE SUN JAVA SYSTEM ACCESS MANAGER 7.1 PRE-RELEASE SOFTWARE TO LICENSEE ONLY UPON THE CONDITION THAT LICENSEE ACCEPTS ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT ("AGREEMENT"). PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY. BY DOWNLOADING OR INSTALLING THIS SOFTWARE, LICENSEE ACCEPTS THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. INDICATE ACCEPTANCE BY SELECTING THE "ACCEPT" BUTTON AT THE BOTTOM OF THIS AGREEMENT. IF LICENSEE IS NOT WILLING TO BE BOUND BY ALL THE TERMS, SELECT THE "DECLINE" BUTTON AT THE BOTTOM OF THE AGREEMENT AND THE DOWNLOAD OR INSTALL PROCESS WILL NOT CONTINUE. 1.0 DEFINITIONS "Licensed Software" means the Sun Java System Access Manager 7.1 pre-release software in binary and/or source code forms, any other machine 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 Sun under this Agreement. 2.0 LIMITED LICENSE 2.1 Source Code. Sun grants to Licensee, a non-exclusive, non-transferable, royalty-free and limited license to view the source code portions of the Licensed Software internally for the purposes of evaluation only. 2.2 Binary Code. Sun grants to Licensee, a non-exclusive, non-transferable, royalty-free and limited license to use the binary code portions of the Licensed Software internally for the purposes of evaluation only. 2.3 No licenses are granted to Licensee for any other purposes, Licensee may not sell, rent, loan or otherwise encumber or transfer Licensed Software in whole or in part, to any third party. 3.0 LICENSE RESTRICTIONS 3.1 Licensee may not duplicate Licensed Software other than for a single copy of Licensed Software for archival purposes only. Licensee agrees to reproduce any copyright and other proprietary right notices on any such copy. 3.2 Except as otherwise provided by law, Licensee may not modify or create derivative works of the Licensed Software, or reverse engineer, disassemble or decompile binary portions of the Licensed Software, or otherwise attempt to derive the source code from such portions. 3.3 No right, title, or interest in or to Licensed Software, any trademarks, service marks, or trade names of Sun or Sun's licensors is granted under this Agreement. 3.4 Licensee shall have no right to use the Licensed Software for productive or commercial use. 3.5 Licensee may only use the JGo software in binary form and only in conjunction with the associated Sun products. 4.0 NO SUPPORT Sun is under no obligation to support Licensed Software or to provide Licensee with updates or error corrections (collectively "Software Updates"). If Sun, at its sole option, supplies Software Updates to Licensee, the Software Updates will be considered part of Licensed Software, and subject to the terms of this Agreement. 5.0 LICENSEE DUTIES Licensee agrees to evaluate and test the Software for use in Licensee's software environment and provide feedback to Sun in a manner reasonably requested by Sun. Any and all test results, error data, reports or other information, feedback or materials made or provided by Licensee relating to Software (collectively, "Feedback") are the exclusive property of Sun and Licensee hereby assigns all Feedback to Sun at no cost to Sun. Sun may use such Feedback in any manner and for any purpose, without limitation, liability or obligation to Licensee. 6.0 TERM AND TERMINATION OF AGREEMENT 6.1 This Agreement will commence on the date on which Licensee receives Licensed Software (the "Effective Date") and will expire ninety (90) days from the Effective Date, unless terminated earlier as provided herein. 6.2 Either party may terminate this Agreement upon ten (10) days' written notice to the other party. However, Sun may terminate this Agreement immediately should any Licensed Software become, or in Sun's opinion be likely to become, the subject of a claim of infringement of a patent, trade secret or copyright. 6.3 Sun may terminate this Agreement immediately should Licensee materially breach any of its provisions or take any action in derogation of Sun's rights to the Confidential Information licensed to Licensee. 6.4 Upon termination or expiration of this Agreement, Licensee will immediately cease use of and destroy Licensed Software, any copies thereof and provide to Sun a written statement certifying that Licensee has complied with the foregoing obligations. 6.5 Rights and obligations under this Agreement which by their nature should survive, will remain in effect after termination or expiration hereof. 7.0 CONFIDENTIAL INFORMATION 7.1 For purposes of this Agreement, "Confidential Information" means: (i) business and technical information and any source code or binary code, which Sun discloses to Licensee related to Licensed Software; (ii) Licensee's feedback based on Licensed Software; and (iii) the terms, conditions, and existence of this Agreement. Licensee may not disclose or use Confidential Information, except for the purposes specified in this Agreement. Licensee will protect the Confidential Information with the same degree of care, but not less than a reasonable degree of care, as Licensee uses to protect its own Confidential Information. Licensee's obligations regarding Confidential Information will expire no less than five (5) years from the date of receipt of the Confidential Information, except for Sun source code which will be protected in perpetuity. Licensee agrees that Licensed Software contains Sun trade secrets. 7.2 Notwithstanding any provisions contained in this Agreement concerning nondisclosure and non-use of the Confidential Information, the nondisclosure obligations of Section 7.1 will not apply to any portion of Confidential Information that Licensee can demonstrate in writing is: (i) now, or hereafter through no act or failure to act on the part of Licensee becomes, generally known to the general public; (ii) known to Licensee at the time of receiving the Confidential Information without an obligation of confidentiality; (iii) hereafter rightfully furnished to Licensee by a third party without restriction on disclosure; or (iv) independently developed by Licensee without any use of the Confidential Information. 7.3 Licensee must restrict access to Confidential Information to its employees or contractors with a need for this access to perform their employment or contractual obligations and who have agreed in writing to be bound by a confidentiality obligation, which incorporates the protections and restrictions substantially as set forth in this Agreement. 8.0 DISCLAIMER OF WARRANTY 8.1 Licensee acknowledges that Licensed Software may contain errors and is not designed, licensed, or intended for use in the design, construction, operation or maintenance of any nuclear facility ("High Risk Activities"). Sun disclaims any express or implied warranty of fitness for such uses. Licensee represents and warrants to Sun that it will not use, distribute or license the Licensed Software for High Risk Activities. 8.2 LICENSED SOFTWARE IS PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. 9.0 LIMITATION OF LIABILITY 9.1 Licensee acknowledges that the Licensed Software may be experimental and that the Licensed Software may have defects or deficiencies, which cannot or will not be corrected by Sun. Licensee will hold Sun harmless from any claims based on Licensee's use of the Licensed Software for any purposes other than those of internal evaluation, and from any claims that later versions or releases of any Licensed Software furnished to Licensee are incompatible with the Licensed Software provided to Licensee under this Agreement. 9.2 To the extent not prohibited by law, in no event will Sun be liable for any indirect, punitive, special, incidental or consequential damage in connection with or arising out of this Agreement (including loss of business, revenue, profits, use, data or other economic advantage), however it arises, whether for breach or in tort, even if Sun has been previously advised of the possibility of such damage. 10.0 U.S. GOVERNMENT RESTRICTED RIGHTS If this 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 the Software and accompanying documentation shall be only as set forth in this license; this is in accordance with 48 C.F.R. 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 C.F.R. 2.101 and 12.212 (for non-DOD acquisitions). 11.0 GENERAL TERMS 11.1 Any action relating to or arising out of this Agreement will be governed by California law and controlling U.S. federal law. The U.N. Convention for the International Sale of Goods and the choice of law rules of any jurisdiction will not apply. 11.2 Licensed Software and technical data delivered under this Agreement are subject to U.S. export control laws and may be subject to export or import regulations in other countries. Licensee agrees to comply strictly with all such laws and regulations and acknowledges that it has the responsibility to obtain such licenses to export, re-export or import as may be required after delivery to Licensee. 11.3 It is understood and agreed that, notwithstanding any other provision of this Agreement, Licensee's breach of the provisions of Section 7 of this Agreement will cause Sun irreparable damage for which recovery of money damages would be inadequate, and that Sun will therefore be entitled to seek timely injunctive relief to protect Sun's rights under this Agreement in addition to any and all remedies available at law. 11.4 Neither party may assign or otherwise transfer any of its rights or obligations under this Agreement, without the prior written consent of the other party, except that Sun may assign this Agreement to an affiliated company. 11.5 This Agreement is the parties' entire agreement relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, conditions, 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, including any Binary Code Licenses, Supplemental Terms, or other licenses contained within Licensed Software. No modification to this Agreement will be binding, unless in writing and signed by an authorized representative of each party. (LFI#150144/Form ID#011801) LICENSE #4: Pre-Release Software Evaluation Agreement SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE PORTLET CONTAINER 1.0 PRE-RELEASE SOFTWARE TO LICENSEE ONLY UPON THE CONDITION THAT LICENSEE ACCEPTS ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT ("AGREEMENT"). PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY. BY DOWNLOADING OR INSTALLING THIS SOFTWARE, LICENSEE ACCEPTS THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. INDICATE ACCEPTANCE BY SELECTING THE "ACCEPT" BUTTON AT THE BOTTOM OF THIS AGREEMENT. IF LICENSEE IS NOT WILLING TO BE BOUND BY ALL THE TERMS, SELECT THE "DECLINE" BUTTON AT THE BOTTOM OF THE AGREEMENT AND THE DOWNLOAD OR INSTALL PROCESS WILL NOT CONTINUE. 1.0 DEFINITIONS "Licensed Software" means the Portlet Container 1.0 pre-release software in binary and/or source code forms, any other machine 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 Sun under this Agreement. 2.0 LIMITED LICENSE 2.1 Source Code. Sun grants to Licensee, a non-exclusive, non-transferable, royalty-free and limited license to view the source code portions of the Licensed Software internally for the purposes of evaluation only. 2.2 Binary Code. Sun grants to Licensee, a non-exclusive, non-transferable, royalty-free and limited license to use the binary code portions of the Licensed Software internally for the purposes of evaluation only. 2.3 No licenses are granted to Licensee for any other purposes, Licensee may not sell, rent, loan or otherwise encumber or transfer Licensed Software in whole or in part, to any third party. 3.0 LICENSE RESTRICTIONS 3.1 Licensee may not duplicate Licensed Software other than for a single copy of Licensed Software for archival purposes only. Licensee agrees to reproduce any copyright and other proprietary right notices on any such copy. 3.2 Except as otherwise provided by law, Licensee may not modify or create derivative works of the Licensed Software, or reverse engineer, disassemble or decompile binary portions of the Licensed Software, or otherwise attempt to derive the source code from such portions. 3.3 No right, title, or interest in or to Licensed Software, any trademarks, service marks, or trade names of Sun or Sun's licensors is granted under this Agreement. 3.4 Licensee shall have no right to use the Licensed Software for productive or commercial use. 4.0 NO SUPPORT Sun is under no obligation to support Licensed Software or to provide Licensee with updates or error corrections (collectively "Software Updates"). If Sun, at its sole option, supplies Software Updates to Licensee, the Software Updates will be considered part of Licensed Software, and subject to the terms of this Agreement. 5.0 LICENSEE DUTIES Licensee agrees to evaluate and test the Software for use in Licensee's software environment and provide feedback to Sun in a manner reasonably requested by Sun. Any and all test results, error data, reports or other information, feedback or materials made or provided by Licensee relating to Software (collectively, "Feedback") are the exclusive property of Sun and Licensee hereby assigns all Feedback to Sun at no cost to Sun. Sun may use such Feedback in any manner and for any purpose, without limitation, liability or obligation to Licensee. 6.0 TERM AND TERMINATION OF AGREEMENT 6.1 This Agreement will commence on the date on which Licensee receives Licensed Software (the "Effective Date") and will expire ninety (90) days from the Effective Date, unless terminated earlier as provided herein. 6.2 Either party may terminate this Agreement upon ten (10) days' written notice to the other party. However, Sun may terminate this Agreement immediately should any Licensed Software become, or in Sun's opinion be likely to become, the subject of a claim of infringement of a patent, trade secret or copyright. 6.3 Sun may terminate this Agreement immediately should Licensee materially breach any of its provisions or take any action in derogation of Sun's rights to the Confidential Information licensed to Licensee. 6.4 Upon termination or expiration of this Agreement, Licensee will immediately cease use of and destroy Licensed Software, any copies thereof and provide to Sun a written statement certifying that Licensee has complied with the foregoing obligations. 6.5 Rights and obligations under this Agreement which by their nature should survive, will remain in effect after termination or expiration hereof. 7.0 CONFIDENTIAL INFORMATION 7.1 For purposes of this Agreement, "Confidential Information" means: (i) business and technical information and any source code or binary code, which Sun discloses to Licensee related to Licensed Software; (ii) Licensee's feedback based on Licensed Software; and (iii) the terms, conditions, and existence of this Agreement. Licensee may not disclose or use Confidential Information, except for the purposes specified in this Agreement. Licensee will protect the Confidential Information with the same degree of care, but not less than a reasonable degree of care, as Licensee uses to protect its own Confidential Information. Licensee's obligations regarding Confidential Information will expire no less than five (5) years from the date of receipt of the Confidential Information, except for Sun source code which will be protected in perpetuity. Licensee agrees that Licensed Software contains Sun trade secrets. 7.2 Notwithstanding any provisions contained in this Agreement concerning nondisclosure and non-use of the Confidential Information, the nondisclosure obligations of Section 7.1 will not apply to any portion of Confidential Information that Licensee can demonstrate in writing is: (i) now, or hereafter through no act or failure to act on the part of Licensee becomes, generally known to the general public; (ii) known to Licensee at the time of receiving the Confidential Information without an obligation of confidentiality; (iii) hereafter rightfully furnished to Licensee by a third party without restriction on disclosure; or (iv) independently developed by Licensee without any use of the Confidential Information. 7.3 Licensee must restrict access to Confidential Information to its employees or contractors with a need for this access to perform their employment or contractual obligations and who have agreed in writing to be bound by a confidentiality obligation, which incorporates the protections and restrictions substantially as set forth in this Agreement. 8.0 DISCLAIMER OF WARRANTY 8.1 Licensee acknowledges that Licensed Software may contain errors and is not designed, licensed, or intended for use in the design, construction, operation or maintenance of any nuclear facility ("High Risk Activities"). Sun disclaims any express or implied warranty of fitness for such uses. Licensee represents and warrants to Sun that it will not use, distribute or license the Licensed Software for High Risk Activities. 8.2 LICENSED SOFTWARE IS PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. 9.0 LIMITATION OF LIABILITY 9.1 Licensee acknowledges that the Licensed Software may be experimental and that the Licensed Software may have defects or deficiencies, which cannot or will not be corrected by Sun. Licensee will hold Sun harmless from any claims based on Licensee's use of the Licensed Software for any purposes other than those of internal evaluation, and from any claims that later versions or releases of any Licensed Software furnished to Licensee are incompatible with the Licensed Software provided to Licensee under this Agreement. 9.2 To the extent not prohibited by law, in no event will Sun be liable for any indirect, punitive, special, incidental or consequential damage in connection with or arising out of this Agreement (including loss of business, revenue, profits, use, data or other economic advantage), however it arises, whether for breach or in tort, even if Sun has been previously advised of the possibility of such damage. 10.0 U.S. GOVERNMENT RESTRICTED RIGHTS If this 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 the Software and accompanying documentation shall be only as set forth in this license; this is in accordance with 48 C.F.R. 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 C.F.R. 2.101 and 12.212 (for non-DOD acquisitions). 11.0 GENERAL TERMS 11.1 Any action relating to or arising out of this Agreement will be governed by California law and controlling U.S. federal law. The U.N. Convention for the International Sale of Goods and the choice of law rules of any jurisdiction will not apply. 11.2 Licensed Software and technical data delivered under this Agreement are subject to U.S. export control laws and may be subject to export or import regulations in other countries. Licensee agrees to comply strictly with all such laws and regulations and acknowledges that it has the responsibility to obtain such licenses to export, re-export or import as may be required after delivery to Licensee. 11.3 It is understood and agreed that, notwithstanding any other provision of this Agreement, Licensee's breach of the provisions of Section 7 of this Agreement will cause Sun irreparable damage for which recovery of money damages would be inadequate, and that Sun will therefore be entitled to seek timely injunctive relief to protect Sun's rights under this Agreement in addition to any and all remedies available at law. 11.4 Neither party may assign or otherwise transfer any of its rights or obligations under this Agreement, without the prior written consent of the other party, except that Sun may assign this Agreement to an affiliated company. 11.5 This Agreement is the parties' entire agreement relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, conditions, 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, including any Binary Code Licenses, Supplemental Terms, or other licenses contained within Licensed Software. No modification to this Agreement will be binding, unless in writing and signed by an authorized representative of each party. (LFI#152631/Form ID#011801) LICENSE #5: NetBeans software is developed and distributed under the COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL). NetBeans software also makes use of additional libraries made available for use and distribution by other parties, including open-source projects. ------------------------------------------------------------ COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0 1. Definitions. 1.1. Contributor means each individual or entity that creates or contributes to the creation of Modifications. 1.2. Contributor Version means the combination of the Original Software, prior Modifications used by a Contributor (if any), and the Modifications made by that particular Contributor. 1.3. Covered Software means (a) the Original Software, or (b) Modifications, or (c) the combination of files containing Original Software with files containing Modifications, in each case including portions thereof. 1.4. Executable means the Covered Software in any form other than Source Code. 1.5. Initial Developer means the individual or entity that first makes Original Software available under this License. 1.6. Larger Work means a work which combines Covered Software or portions thereof with code not governed by the terms of this License. 1.7. License means this document. 1.8. Licensable means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein. 1.9. Modifications means the Source Code and Executable form of any of the following: A. Any file that results from an addition to, deletion from or modification of the contents of a file containing Original Software or previous Modifications; B. Any new file that contains any part of the Original Software or previous Modification; or C. Any new file that is contributed or otherwise made available under the terms of this License. 1.10. Original Software means the Source Code and Executable form of computer software code that is originally released under this License. 1.11. Patent Claims means any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any patent Licensable by grantor. 1.12. Source Code means (a) the common form of computer software code in which modifications are made and (b) associated documentation included in or with such code. 1.13. You (or Your) means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License. For legal entities, You includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, control means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity. 2. License Grants. 2.1. The Initial Developer Grant. Conditioned upon Your compliance with Section 3.1 below and subject to third party intellectual property claims, the Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license: (a) under intellectual property rights (other than patent or trademark) Licensable by Initial Developer, to use, reproduce, modify, display, perform, sublicense and distribute the Original Software (or portions thereof), with or without Modifications, and/or as part of a Larger Work; and (b) under Patent Claims infringed by the making, using or selling of Original Software, to make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the Original Software (or portions thereof); (c) The licenses granted in Sections 2.1 (a) and (b) are effective on the date Initial Developer first distributes or otherwise makes the Original Software available to a third party under the terms of this License; (d) Notwithstanding Section 2.1(b) above, no patent license is granted: (1) for code that You delete from the Original Software, or (2) for infringements caused by: (i) the modification of the Original Software, or (ii) the combination of the Original Software with other software or devices. 2.2. Contributor Grant. Conditioned upon Your compliance with Section 3.1 below and subject to third party intellectual property claims, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license: (a) under intellectual property rights (other than patent or trademark) Licensable by Contributor to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof), either on an unmodified basis, with other Modifications, as Covered Software and/or as part of a Larger Work; and (b) under Patent Claims infringed by the making, using, or selling of Modifications made by that Contributor either alone and/or in combination with its Contributor Version (or portions of such combination), to make, use, sell, offer for sale, have made, and/or otherwise dispose of: (1) Modifications made by that Contributor (or portions thereof); and (2) the combination of Modifications made by that Contributor with its Contributor Version (or portions of such combination). (c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date Contributor first distributes or otherwise makes the Modifications available to a third party. (d) Notwithstanding Section 2.2(b) above, no patent license is granted: (1) for any code that Contributor has deleted from the Contributor Version; (2) for infringements caused by: (i) third party modifications of Contributor Version, or (ii) the combination of Modifications made by that Contributor with other software (except as part of the Contributor Version) or other devices; or (3) under Patent Claims infringed by Covered Software in the absence of Modifications made by that Contributor. 3. Distribution Obligations. 3.1. Availability of Source Code. Any Covered Software that You distribute or otherwise make available in Executable form must also be made available in Source Code form and that Source Code form must be distributed only under the terms of this License. You must include a copy of this License with every copy of the Source Code form of the Covered Software You distribute or otherwise make available. You must inform recipients of any such Covered Software in Executable form as to how they can obtain such Covered Software in Source Code form in a reasonable manner on or through a medium customarily used for software exchange. 3.2. Modifications. The Modifications that You create or to which You contribute are governed by the terms of this License. You represent that You believe Your Modifications are Your original creation(s) and/or You have sufficient rights to grant the rights conveyed by this License. 3.3. Required Notices. You must include a notice in each of Your Modifications that identifies You as the Contributor of the Modification. You may not remove or alter any copyright, patent or trademark notices contained within the Covered Software, or any notices of licensing or any descriptive text giving attribution to any Contributor or the Initial Developer. 3.4. Application of Additional Terms. You may not offer or impose any terms on any Covered Software in Source Code form that alters or restricts the applicable version of this License or the recipients rights hereunder. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Software. However, you may do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You must make it absolutely clear that any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of warranty, support, indemnity or liability terms You offer. 3.5. Distribution of Executable Versions. You may distribute the Executable form of the Covered Software under the terms of this License or under the terms of a license of Your choice, which may contain terms different from this License, provided that You are in compliance with the terms of this License and that the license for the Executable form does not attempt to limit or alter the recipients rights in the Source Code form from the rights set forth in this License. If You distribute the Covered Software in Executable form under a different license, You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by the Initial Developer or Contributor. You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of any such terms You offer. 3.6. Larger Works. You may create a Larger Work by combining Covered Software with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Software. 4. Versions of the License. 4.1. New Versions. Sun Microsystems, Inc. is the initial license steward and may publish revised and/or new versions of this License from time to time. Each version will be given a distinguishing version number. Except as provided in Section 4.3, no one other than the license steward has the right to modify this License. 4.2. Effect of New Versions. You may always continue to use, distribute or otherwise make the Covered Software available under the terms of the version of the License under which You originally received the Covered Software. If the Initial Developer includes a notice in the Original Software prohibiting it from being distributed or otherwise made available under any subsequent version of the License, You must distribute and make the Covered Software available under the terms of the version of the License under which You originally received the Covered Software. Otherwise, You may also choose to use, distribute or otherwise make the Covered Software available under the terms of any subsequent version of the License published by the license steward. 4.3. Modified Versions. When You are an Initial Developer and You want to create a new license for Your Original Software, You may create and use a modified version of this License if You: (a) rename the license and remove any references to the name of the license steward (except to note that the license differs from this License); and (b) otherwise make it clear that the license contains terms which differ from this License. 5. DISCLAIMER OF WARRANTY. COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN AS IS BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. 6. TERMINATION. 6.1. This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive. 6.2. If You assert a patent infringement claim (excluding declaratory judgment actions) against Initial Developer or a Contributor (the Initial Developer or Contributor against whom You assert such claim is referred to as Participant) alleging that the Participant Software (meaning the Contributor Version where the Participant is a Contributor or the Original Software where the Participant is the Initial Developer) directly or indirectly infringes any patent, then any and all rights granted directly or indirectly to You by such Participant, the Initial Developer (if the Initial Developer is not the Participant) and all Contributors under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant terminate prospectively and automatically at the expiration of such 60 day notice period, unless if within such 60 day period You withdraw Your claim with respect to the Participant Software against such Participant either unilaterally or pursuant to a written agreement with Participant. 6.3. In the event of termination under Sections 6.1 or 6.2 above, all end user licenses that have been validly granted by You or any distributor hereunder prior to termination (excluding licenses granted to You by any distributor) shall survive termination. 7. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTYS NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. 8. U.S. GOVERNMENT END USERS. The Covered Software is a commercial item, as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of commercial computer software (as that term is defined at 48 C.F.R. 252.227-7014(a)(1)) and commercial computer software documentation as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Software with only those rights set forth herein. This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFAR, or other clause or provision that addresses Government rights in computer software under this License. 9. MISCELLANEOUS. This License represents the complete agreement concerning subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by the law of the jurisdiction specified in a notice contained within the Original Software (except to the extent applicable law, if any, provides otherwise), excluding such jurisdictions conflict-of-law provisions. Any litigation relating to this License shall be subject to the jurisdiction of the courts located in the jurisdiction and venue specified in a notice contained within the Original Software, with the losing party responsible for costs, including, without limitation, court costs and reasonable attorneys fees and expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License. You agree that You alone are responsible for compliance with the United States export administration regulations (and the export control laws and regulation of any other countries) when You use, distribute or otherwise make available any Covered Software. 10. RESPONSIBILITY FOR CLAIMS. As between Initial Developer and the Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License and You agree to work with Initial Developer and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability. ------------------------------------------------------------ NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL): This code is released under the CDDL and shall be governed by the laws of the State of California (excluding conflict-of-law provisions). Any litigation relating to this License shall be subject to the jurisdiction of the Federal Courts of the Northern District of California and the state courts of the State of California, with venue lying in Santa Clara County, California. ------------------------------------------------------------ Please review the complete list of open-source licenses governing software included in this software. They can be found in the THIRDPARTYLICENSE.txt file. Please review the list of libraries and licenses provided for use and redistribution by other parties. These libraries are redistributable subject to the conditions in the DISTRIBUTION.txt file. Sun Microsystems, Inc. ("Sun") SOFTWARE LICENSE AGREEMENT and ENTITLEMENT for SOFTWARE A. ENTITLEMENT for SOFTWARE Licensee/Company: Entity receiving Software. Effective Date: Date of delivery of the Software to You. Software: -PLUGIN FOR SUN JAVA SYSTEM APPLICATION SERVER PLATFORM EDITION TO NETBEANS IDE -JAX-RPC 1.1.3 -JAXP 1.3.1 -SAAJ 1.2.2 -JavaMail 1.3.1 -JavaServer Faces 1.1_01 -Java Help 2.0 -J2EE Deployment 1.1 SPECIFICATION INTERFACE CLASSES -Javac compiler 5.0 -Java Metadata Interface (JMI) 1.0 SPECIFICATION INTERFACE CLASSES License Term: Perpetual (subject to termination under the SLA) Licensed Unit: Software Copy Licensed unit Count: Unlimited Permitted Uses: 1. You may reproduce and use the Software for Research and Instructional, Individual, and Commercial Uses for the purposes of designing, developing, testing, and running your applets or applications ("Programs") provided that for a particular version of the Java platform, any executable output generated by a Java compiler contained in the Software (i) is compiled from source code that conforms to the corresponding version of the OEM Java Language Specification; (ii) is in the class file format defined by the corresponding version of the OEM Java Virtual Machine Specification; and (iii) executes properly on a reference runtime, as specified by Sun, associated with such version of the Java platform. 2. You may only use the Java 2 Platform, Enterprise Edition (J2EE), Platform Specification in accordance with the J2EE Specification License set forth in the DistributionREADME. You may only use the Java Platform Enterprise Edition 5 API Documentation in accordance with the Java Platform Enterprise Edition 5 Specification Licence set forth in the DistributionREADME. 3. Java Technology Restrictions. You may not create, modify, or change the behavior of, or authorize your licensees to create, modify, or change the behavior of, 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. Subject to the terms and conditions of this Agreement and restrictions and exceptions set forth in the Software's documentation, You may reproduce and distribute the Software (and also portions of Software identified as Redistributable in the documentation accompanying Software), provided that you: (a) distribute the Software complete and unmodified and only bundled as part of your Programs, (b) do not distribute additional software intended to replace any component(s) of the Software, (c) do not remove or alter any proprietary legends or notices contained in or on the Software. (d) only distribute the Software subject to a license agreement that protects Sun's interests consistent with the terms contained in this Agreement, and (e) 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. B. SOFTWARE LICENSE AGREEMENT PLEASE READ THE TERMS OF THIS AGREEMENT ("AGREEMENT") CAREFULLY. BY USING, REPRODUCING, DISTRIBUTING OR MODIFYING THE SOFTWARE, YOU INDICATE THAT YOU AGREE TO AND ACCEPT ALL OF ITS TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS, PROMPTLY UNINSTALL THE SOFTWARE AND PERMANENTLY DELETE ALL FILES DOWNLOADED OR CREATED BY THE INSTALLATION 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. 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). 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. To use the software, you must review, accept and agree to the terms of the licenses listed above for the NetBeans software and its individual components. DistributionREADME Index: 1. DistributionREADME 2. Java Platform Enterprise Edition 5 Specification License ************************************************************ 1. DistributionREADME for components identified below covered under the Sun Microsystems, Inc. ("Sun") SOFTWARE LICENSE AGREEMENT. Software: - JAX-RPC 1.1.3 - JAXP 1.3.1 - SAAJ 1.2.2 - JavaMail 1.3.1 - JavaServer Faces 1.1_01 - Java Help 2.0 - J2EE Deployment 1.1 SPECIFICATION INTERFACE CLASSES - Javac compiler 5.0 - Java Metadata Interface (JMI) 1.0 SPECIFICATION INTERFACE CLASSES Subject to the terms and conditions of the Software License Agreement and the obligations, restrictions, and exceptions set forth below, You may reproduce and distribute the Software, provided that you: (a) distribute the Software complete and unmodified and only bundled as part of your Java applet and applications ("Programs"), (b) do not distribute additional software intended to replace any component(s) of the Software, (c) do not remove or alter any proprietary legends or notices contained in or on the Software. (d) only distribute the Software subject to a license agreement that protects Sun's interests consistent with the terms contained in SOFTWARE LICENSE AGREEMENT, and (e) 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. Software specific restrictions: (i) JAVAC COMPILER, provided it is bundled with the Netbeans Platform (ii) You may not redistribute the Java 2 Platform, Enterprise Edition (J2EE), Platform Specification (iii) You may not redistribute the Java Platform Enterprise Edition 5 API Documentation unless permitted under the Specification License in Section 3. ************************************************************ DistributionREADME for component identified below covered under the Sun Microsystems, Inc. ("Sun") JAVA PLATFORM ENTERPRISE EDITION 5 SPECIFICATION LICENSE Software: -Java Platform Enterprise Edition 5 API Documentation 2. JAVA PLATFORM ENTERPRISE EDITION 5 SPECIFICATION LICENSE SUN IS WILLING TO LICENSE THIS SPECIFICATION TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT ("AGREEMENT"). PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY. BY DOWNLOADING THIS SPECIFICATION, YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT. JavaTM Platform Enterprise Edition 5 Specification ("Specification") Version: 2.0 Copyright 2006 Sun Microsystems, Inc. 4150 Network Circle, Santa Clara, California 95054, U.S.A All rights reserved. NOTICE The Specification is protected by copyright and the information described therein may be protected by one or more U.S. patents, foreign patents, or pending applications. Except as provided under the following license, no part of the Specification may be reproduced in any form by any means without the prior written authorization of Sun Microsystems, Inc. ("Sun") and its licensors, if any. Any use of the Specification and the information described therein will be governed by the terms and conditions of this Agreement. Subject to the terms and conditions of this license, including your compliance with Paragraphs 1, 2 and 3 below, Sun hereby grants you a fully-paid, non-exclusive, non-transferable, limited license (without the right to sublicense) under Sun's intellectual property rights to: 1.Review the Specification for the purposes of evaluation. This includes: (i) developing implementations of the Specification for your internal, non-commercial use; (ii) discussing the Specification with any third party; and (iii) providing to other licensees (under this or a substantially similar version of this Agreement) of the Specification limited excerpts of text to the extent relevant to the point[s] under discussion; 2.Distribute implementations of the Specification to third parties for their testing and evaluation use, provided that any such implementation: (i) fully implements the Specification including all its required interfaces and functionality; (ii) does not modify, subset, superset or otherwise extend the Licensor Name Space, or include any public or protected packages, classes, Java interfaces, fields or methods within the Licensor Name Space other than those required/authorized by the Specification or Specifications being implemented; (iii) is clearly and prominently marked with the word "UNTESTED" or "INCOMPATIBLE" or "UNSTABLE" or "BETA" in any list of available builds and in every link initiating its download, where the list or link is under Licensee's control; and (iv) includes the following notice: "This is an implementation of an early-draft specification developed under the Java Community Process (JCP) and is made available for testing and evaluation purposes only. The code is not compatible with any specification of the JCP." 3.Distribute applications written to the Specification to third parties for their testing and evaluation use, provided that any such application includes the following notice: "This is an application written to interoperate with an early-draft specification developed under the Java Community Process (JCP) and is made available for testing and evaluation purposes only. The code is not compatible with any specification of the JCP." The grant set forth above concerning your distribution of implementations of the specification is contingent upon your agreement to terminate development and distribution of your implementation of early draft upon final completion of the specification. If you fail to do so, the foregoing grant shall be considered null and void. Other than this limited license, you acquire no right, title or interest in or to the Specification or any other Sun intellectual property, and the Specification may only be used in accordance with the license terms set forth herein. This license will expire on the earlier of: (a) two (2) years from the date of Release listed above; (b) the date on which the final version of the Specification is publicly released; or (c) the date on which the Java Specification Request (JSR) to which the Specification corresponds is withdrawn. In addition, this license will terminate immediately without notice from Sun if you fail to comply with any provision of this license. Upon termination, you must cease use of or destroy the Specification. "Licensor Name Space" means the public class or interface declarations whose names begin with "java", "javax", "com.sun" or their equivalents in any subsequent naming convention adopted by Sun through the Java Community Process, or any recognized successors or replacements thereof TRADEMARKS No right, title, or interest in or to any trademarks, service marks, or trade names of Sun or Sun's licensors is granted hereunder. Sun, Sun Microsystems, the Sun logo, Java, J2SE, J2EE, J2ME, Java Compatible, the Java Compatible Logo, and the Java Coffee Cup logo are trademarks or registered trademarks of Sun Microsystems, Inc. in the U.S. and other countries. DISCLAIMER OF WARRANTIES THE SPECIFICATION IS PROVIDED "AS IS" AND IS EXPERIMENTAL AND MAY CONTAIN DEFECTS OR DEFICIENCIES WHICH CANNOT OR WILL NOT BE CORRECTED BY SUN. SUN MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT THAT THE CONTENTS OF THE SPECIFICATION ARE SUITABLE FOR ANY PURPOSE OR THAT ANY PRACTICE OR IMPLEMENTATION OF SUCH CONTENTS WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADE SECRETS OR OTHER RIGHTS. This document does not represent any commitment to release or implement any portion of the Specification in any product. THE SPECIFICATION COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION THEREIN; THESE CHANGES WILL BE INCORPORATED INTO NEW VERSIONS OF THE SPECIFICATION, IF ANY. SUN MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED IN THE SPECIFICATION AT ANY TIME. Any use of such changes in the Specification will be governed by the then-current license for the applicable version of the Specification. LIMITATION OF LIABILITY TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUE, PROFITS OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO ANY FURNISHING, PRACTICING, MODIFYING OR ANY USE OF THE SPECIFICATION, EVEN IF SUN AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You will hold Sun (and its licensors) harmless from any claims based on your use of the Specification for any purposes other than the limited right of evaluation as described above, and from any claims that later versions or releases of any Specification furnished to you are incompatible with the Specification provided to you under this license. RESTRICTED RIGHTS LEGEND If this 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 the Software and accompanying documentation shall be only as set forth in this license; this is in accordance with 48 C.F.R. 227.7201 through 227.7202-4 (for Department of Defense (DoD) acquisitions) and with 48 C.F.R. 2.101 and 12.212 (for non-DoD acquisitions). REPORT You may wish to report any ambiguities, inconsistencies or inaccuracies you may find in connection with your evaluation of the Specification ("Feedback"). To the extent that you provide Sun with any Feedback, you hereby: (i) agree that such Feedback is provided on a non-proprietary and non-confidential basis, and (ii) grant Sun a perpetual, non-exclusive, worldwide, fully paid-up, irrevocable license, with the right to sublicense through multiple levels of sublicensees, to incorporate, disclose, and use without limitation the Feedback for any purpose related to the Specification and future versions, implementations, and test suites thereof. GENERAL TERMS Any action related to this Agreement will be governed by California law and controlling U.S. federal law. The U.N. Convention for the International Sale of Goods and the choice of law rules of any jurisdiction will not apply. The Specification is subject to U.S. export control laws and may be subject to export or import regulations in other countries. Licensee agrees to comply strictly with all such laws and regulations and acknowledges that it has the responsibility to obtain such licenses to export, re-export or import as may be required after delivery to Licensee. Neither party may assign or otherwise transfer any of its rights or obligations under this Agreement, without the prior written consent of the other party, except that Sun may assign this Agreement to an affiliated company. This Agreement is the parties' entire agreement relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, conditions, 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 to this Agreement will be binding, unless in writing and signed by an authorized representative of each party.