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A. Sun Microsystems, Inc. ("Sun") ENTITLEMENT for
SOFTWARE
Sun Microsystems, Inc. ("Sun") ENTITLEMENT for SOFTWARE
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Software: JavaBeans Activation Framework 1.1. Software: JavaMail 1.4.
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Permitted Uses: Permitted Uses:   
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Individual, Commercial,
or Research and Instructional Use for the purposes of
designing,
developing, testing, and running Your applets and
Individual, Commercial, or Research and Instructional
Use for the purposes of designing, developing,
testing, and running Your applets and 
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Agreement and
restrictions and exceptions set forth in the
Software's documentation,
You may reproduce and distribute portions of Software
identified as a
Agreement and restrictions and exceptions set forth in
the Software's documentation, You may reproduce and
distribute portions of Software identified as a 
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("Redistributable"), provided
that:
("Redistributable"), provided that:
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unmodified and only
bundled as part of Your Programs,
unmodified and only bundled as part of Your Programs, 
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functionality to the
Redistributable,
functionality to the Redistributable, 
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purpose of running your
Programs,
purpose of running your Programs,
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or notices
contained in or on the Redistributable.
or notices contained in or on the Redistributable.
 
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a license
agreement that protects Sun's interests consistent
with the terms
contained in this Agreement, and
a license agreement that protects Sun's interests
consistent with the terms contained in this
Agreement, and
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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.
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.
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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
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 
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similar convention as
specified by Sun in any naming convention designation.
similar convention as specified by Sun in any naming
convention designation.
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CAREFULLY BEFORE OPENING
SOFTWARE MEDIA PACKAGE. BY OPENING SOFTWARE MEDIA
PACKAGE, YOU AGREE TO
THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING
SOFTWARE
CAREFULLY BEFORE OPENING SOFTWARE MEDIA PACKAGE. BY
OPENING SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS
OF THIS AGREEMENT. IF YOU ARE ACCESSING SOFTWARE 
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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
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 
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(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.
(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.
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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.
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. 
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then it will also
specify the (e) Service and (f) service term.
then it will also specify the (e) Service and (f)
service term. 
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duration and the
date such rights begin is other than the purchase
date, your
Entitlement will provide that beginning date(s).
duration and the date such rights begin is other than
the purchase date, your Entitlement will provide that
beginning date(s).
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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.
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.
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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.
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.
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internally for a period
of 90 days from your first use.
internally for a period of 90 days from your first
use. 
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Software internally to
design, develop and test, and also to provide
instruction on such
uses.
Software internally to design, develop and test, and
also to provide instruction on such uses.
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for personal,
individual use.
for personal, individual use.
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for your own
commercial purposes.
for your own commercial purposes. 
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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.
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.
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Licensed Units stated in
your Entitlement. If you require additional Licensed
Units, you will
need additional Entitlement(s).
Licensed Units stated in your Entitlement. If you
require additional Licensed Units, you will need
additional Entitlement(s).
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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
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
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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
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 
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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
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 
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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.
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.
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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
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 
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may terminate
this Agreement should any Software become, or in Sun's
reasonable
opinion likely to become, the subject of a claim of
intellectual
may terminate this Agreement should any Software
become, or in Sun's reasonable opinion likely to
become, the subject of a claim of intellectual 
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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
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 
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7.      Java Compatibility and Open Source. 7. Java Compatibility and Open Source.
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create additional
classes to, or modifications of, the Java technology,
except under
compatibility requirements available under a separate
agreement
create additional classes to, or modifications of, the
Java technology, except under compatibility
requirements available under a separate agreement 
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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.
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.
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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
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 
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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.
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. 
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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
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 
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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.
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. 
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IMPLIED CONDITIONS,
REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED
WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT
IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES,
INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT 
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DISCLAIMERS ARE HELD TO
BE LEGALLY INVALID.

10.     Limitation of Liability.
DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. 

10.  Limitation of Liability. 
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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
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 
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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.
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. 
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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.
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. 
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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)
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) 
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non-DOD
acquisitions).

13.     Governing Law.
non-DOD acquisitions). 

13.  Governing Law. 
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by California law
and controlling U.S. federal law. No choice of law
rules of any
jurisdiction will apply.

14.     Severability.
by California law and controlling U.S. federal law. No
choice of law rules of any jurisdiction will apply. 

14.  Severability. 
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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.
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. 
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Entitlement, is
the entire agreement between you and Sun relating to
its subject
matter. It supersedes all prior or contemporaneous
oral or written
Entitlement, is the entire agreement between you and
Sun relating to its subject matter. It supersedes all
prior or contemporaneous oral or written 
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warranties and prevails
over any conflicting or additional terms of any quote,
order,
acknowledgment, or other communication between the
parties relating to
warranties and prevails over any conflicting or
additional terms of any quote, order, acknowledgment,
or other communication between the parties relating to 
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No modification
of this Agreement will be binding, unless in writing
and signed by an
authorized representative of each party.
No modification of this Agreement will be binding,
unless in writing and signed by an authorized
representative of each party.
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Circle, Santa Clara,
California 95054 if you have questions.
Circle, Santa Clara, California 95054 if you have
questions.

Sun Microsystems, Inc. ("Sun") ENTITLEMENT for SOFTWARE

Licensee/Company: Entity receiving Software.

Effective Date: Date of delivery of the Software to 
You.

Software: JavaMail 1.4.

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, or Research and Instructional 
Use 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.

B. 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.

JavamailLicense (last edited 2010-08-16 10:24:37 by localhost)