READ CAREFULLY BEFORE INSTALLING

Pervasive Software Inc. Pervasive PSQL v9.60 Workgroup Edition License Agreement

IMPORTANT:  DO NOT INSTALL THE ENCLOSED SOFTWARE UNTIL YOU HAVE READ THIS LICENSE AGREEMENT ("AGREEMENT").  BY INSTALLING THE SOFTWARE, OR AUTHORIZING ANY OTHER PERSON TO DO SO, YOU, AND SUCH OTHER PERSON, IF APPLICABLE, ACCEPT THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.  IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, THEN RETURN THE ENTIRE PACKAGE WITHIN TEN DAYS OF PURCHASE FOR A REFUND.

1. 
1. DEFINITIONS.
     1.1 "Pervasive" means Pervasive Software Inc., a Delaware corporation, 12365 Riata Trace Parkway, Building B, Austin, Texas (U.S.A.) 78727.
     1.2 "You" or "Your" means the person or business entity which is licensing the Software pursuant to this Agreement.
     1.3 "Software" means the Workgroup edition of Pervasive's proprietary software that You have received from Pervasive with this Agreement. 
     1.4 "Terminal" means any device capable of running, accessing or interacting with the Software.
     1.5 "Documentation" means the manuals and any other printed material provided by Pervasive with the Software.
     1.6 "License" means the license purchased and granted pursuant to this Agreement.
     1.7 "Authorized Copy Limit" means the maximum number of copies of the Software that may be reproduced, installed, and used on Terminals under this Agreement. The number of Authorized Copy Limit is identified on the label attached to this Agreement.  If no label is attached, the Authorized Copy Limit is one (1).
     1.8 "Intranet" means privately accessible Communications Network for information distribution within Your organization or Your subsidiaries or remote offices, and does not include connection to the Internet.
     1.9 "Internet" means the publicly accessible computer Communications Network for information distribution.
     1.10 "Communications Network" means a data communication system, which allows a number of independent devices to communicate with each other, including its internal bridges and the workstations physically attached to it.
     1.11 "Internet/Intranet License" means the license purchased and granted upon Your payment of the then-current license fees for access to a network host through the Internet or Your Intranet.

2.	LICENSE AND PROTECTION.
     2.1	Pervasive grants to You, subject to the terms and conditions of this Agreement, a nonexclusive, nontransferable, nonsublicensable (except in accordance with Section 2.2 below) right to reproduce, install, and use the Software on a number of Terminals that is not greater than the Authorized Copy Limit and to distribute the Software in accordance with Section 2.2 below. In addition to the copies permitted above, You may make one (1) copy of Software for archival and backup purposes.  All proprietary notices contained on the Software must be reproduced and included on all copies.
     2.2	You are authorized to distribute the Software to Your customers provided that: (i) You include this Agreement, in paper and/or electronic click-through format, with each copy of the Software you distribute; (ii) Your internal use of the Software in addition to Your distribution of the Software does not exceed the Authorized Copy Limit; and (iii) You remain responsible for compliance with the terms of this Agreement by the customers who receive the Software from You.  If You reach the Authorized Copy Limit and desire to install and/or distribute additional copies of the Software, You must purchase additional Licenses from Pervasive. 
     2.3	Unless otherwise specified in a writing signed by an authorized representative of Pervasive, the database engine of the Software installed on a single Terminal may not be simultaneously accessed by more than five (5) users at the same time (including the user of the Terminal on which the Software is installed). You are prohibited from using the database engine in the Workgroup edition of the Software to provide connectivity for Internet or Intranet applications, unless You have purchased an Internet/Intranet License.
     2.4	Pervasive reserves all rights not expressly granted to You. 
     2.5	Protection of Software.  You agree to take all reasonable steps to protect the Software and Documentation from unauthorized copying or use. The Software source code represents and embodies trade secrets of Pervasive and/or its licensors. The source code and embodied trade secrets are not licensed to You and any modification or addition thereto, or deletion therefrom is strictly prohibited. You agree not to disassemble, decompile, or otherwise reverse engineer the Software in order to discover the source code and/or the trade secrets contained in the source code.  To the extent European Union law is applicable, the foregoing restrictions on disassembly, decompilation and reverse engineering are limited so that they restrict such activities only to the maximum extent allowed without violating European Union law on the legal protection of computer programs.
     2.6	Open Source Software.  The Software includes certain Open Source Software.  A list of the Open Source Software included in the Software and available to You from Pervasive, the applicable license terms, and how to obtain the Open Source Software (if not already provided to you as part of the Software) are provided in the Software about box or accompanying documentation.  Any provisions in this Agreement which differ from any Open Source Software license are offered by Pervasive alone and not by any other party.  ALL OPEN SOURCE SOFTWARE IS PROVIDED ON AN AS IS BASIS, AND PERVASIVE DISCLAIMS ALL WARRANTIES WITH REGARD TO OPEN SOURCE SOFTWARE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.  IN NO EVENT WILL PERVASIVE OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE OPEN SOURCE SOFTWARE EVEN IF PERVASIVE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH LOSSES OR DAMAGES ARE FORESEEABLE.  THIS LIMITATION WILL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM PERVASIVES OR ITS LICENSORS NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.

3. OWNERSHIP. Ownership of all right, title, and interest in and to, the Software and Documentation (including any copies) and all of the intellectual property rights embodied therein shall be vested solely in Pervasive. Copies are provided to You only to allow You to exercise Your rights under this Agreement. The Software is being licensed, not sold. Any reproduction, distribution, or use of Pervasive's trademarks, service marks, or trade names shall be solely in connection with the exercise of Your distribution rights under this Agreement. All proprietary markings, including the use of the Pervasive logo, shall be in the form, location, and quality specified by Pervasive. You shall have no right to register or seek to register any of Pervasive's trademarks, service marks, or trade names.  A copy of the guidelines may be found on the Pervasive website at:  http://www.Pervasive.com/.

4. RESTRICTIONS. Except as expressly authorized in this Agreement, You agree not to use, rent, lease, sublicense, distribute, transfer, copy, reproduce, display, modify, create derivative works of, time share or dispose of the Software or Documentation or any part thereof. You may use the Software and Documentation solely for your internal business purposes.  Except with the express written consent of Pervasive, notwithstanding anything to the contrary herein, You agree that You may not use the Software to host applications for third parties or to provide service bureau, time-sharing or other computer services to third parties.  The restrictions in this Section 4 do not apply to Open Source Software.

5. ASSIGNMENT. Except as set forth in Section 2.2 above, You may not assign or otherwise transfer in whole or in part or in any manner any rights, obligations, or any interest in or under this Agreement without Pervasive's prior written consent and any attempted assignment will be void. A merger or other acquisition by a third party will be treated as an assignment. Pervasive may at any time and without Your consent assign all or a portion of its rights and duties under this Agreement to a company or companies wholly owning, owned by, or in common ownership with Pervasive.

6. TERM, TERMINATION. This Agreement is effective from the date You open the software envelope and will remain in force until terminated. You may terminate this Agreement at any time by destroying the Documentation and the Software together with all copies and adaptations. This Agreement shall automatically terminate if You breach any of the terms or conditions of this Agreement. You agree to destroy the original and all copies of the Software and Documentation, or to return them to Pervasive upon termination of this Agreement. Sections 2.4, 2.5, 3, 5, 6, 7.2, 7.3, 8 and 9 of this Agreement shall survive any termination hereof. 

7.	LIMITED WARRANTY.
     7.1	Magnetic Media and Documentation. Pervasive warrants that if the magnetic media or Documentation are in a damaged or physically defective condition at the time that the License is purchased and if they are returned to Pervasive within ten (10) days of purchase, then Pervasive will provide You with replacements at no charge.
     7.2	DISCLAIMER OF WARRANTY. PERVASIVE LICENSES THE SOFTWARE PRODUCT TO YOU UNDER THIS AGREEMENT SOLELY ON AN "AS IS" BASIS.  PERVASIVE MAKES NO OTHER REPRESENTATIONS, CONDITIONS OR WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED, REGARDING THE SOFTWARE; PERVASIVE EXPRESSLY STATES AND YOU ACKNOWLEDGE THAT PERVASIVE DOES NOT MAKE ANY REPRESENTATIONS, CONDITIONS OR WARRANTIES, INCLUDING, FOR EXAMPLE, WITH RESPECT TO MERCHANTABILITY, TITLE, OR FITNESS FOR ANY PARTICULAR PURPOSE OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, AMONG OTHERS.
     7.3	High Risk Activities.  The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments regarding fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities").  Pervasive and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.

8.	LIMITATION OF LIABILITY.
     8.1	PERVASIVE'S AGGREGATE LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT OR THE SOFTWARE OR DOCUMENTATION IS LIMITED TO THE TOTAL OF ALL PAYMENTS MADE BY OR FOR YOU FOR THE LICENSE.
     8.2	CONSEQUENTIAL DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL PERVASIVE OR ITS LICENSORS BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER UNDER THEORY OF WARRANTY, TORT, PRODUCTS LIABILITY OR OTHERWISE EVEN IF PERVASIVE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH LOSSES OR DAMAGES ARE FORESEEABLE.  THIS LIMITATION WILL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM PERVASIVES OR ITS LICENSORS NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
9.	GENERAL CONDITIONS.
     9.1	Governing Law.  This License Agreement will be governed by, and interpreted in accordance with, the laws of the State of Texas (U.S.A.) exclusive of its choice of law provisions.  This Agreement expressly excludes the United Nations Convention on Contracts for the International Sale of Goods.
     9.2	Complete Understanding.  This Agreement sets forth the entire understanding and agreement between You and Pervasive with respect to the subject matter hereof and may be amended only in writing signed by both parties. NO VENDOR, DISTRIBUTOR, DEALER, RETAILER, SALES PERSON OR OTHER PERSON IS AUTHORIZED TO MODIFY THIS AGREEMENT OR TO MAKE ANY WARRANTY, REPRESENTATION OR PROMISE WHICH IS DIFFERENT THAN, OR IN ADDITION TO, THIS AGREEMENT ABOUT THE SOFTWARE.
     9.3	Waiver.  No waiver of any right under this Agreement shall be effective unless in writing, signed by a duly authorized representative of Pervasive. No waiver of any past or present right arising from any breach or failure to perform shall be deemed to be a waiver of any future right arising under this Agreement.
     9.4	Audit.  You are responsible for ensuring that the number of copies of the Software made and used or distributed does not exceed the Authorized Copy Limit, and You agree to maintain sufficient records, logs and other materials ("Records") sufficient to document that Your use of the Software is in accordance with the terms of this Agreement.  Pervasive may audit such Records upon reasonable notice.
     9.5	Severability.  If any provision in this Agreement is held invalid or unenforceable, that provision shall be construed, limited, modified or, if necessary, severed, to the extent necessary, to eliminate its invalidity or unenforceability, and the other provisions of this Agreement shall remain unaffected.
     9.6	Export Controls.  None of the Software or underlying information or technology may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or (ii) to any person or entity on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders, or the U.S. Commerce Department's Entity List of Missile, Nuclear, and Chemical and Biological Weapons Proliferators, or the U.S. Department of State's Foreign Terrorist Organization List.  You agree to the foregoing and you represent and warrant that You are not located in, under the control of, or a national or resident of such country or on any such list.  The Software may also be subject to U.S. laws and export regulations of the U.S. government that require an explicit export license before any export or reexport of the Software.  You agree to obtain any such explicit export license that may be required.
     9.7	U.S. Government End Users.  If You are an agency, department, or other entity of the United States Government ("Government"), the use, duplication, reproduction, release, modification, disclosure or transfer of the Software and Documentation is restricted in accordance with Federal Acquisition Regulation ("FAR") 12.212 for civilian agencies and Defense Federal Acquisition Regulation Supplement ("DFARS") 227.7202 for military agencies. The Software and Documentation are commercial computer software and commercial computer software documentation. The use of the Software and Documentation is further restricted in accordance with the terms of this Agreement, or any modification thereto. The Contractor/Manufacturer is Pervasive Software Inc., 12365 Riata Trace Parkway, Building B, Austin, Texas, 78727.
     9.8	Operating System.  It is Your responsibility to fully comply with applicable license agreements for any operating systems You may use with the Software.
     9.9	Results of benchmark tests or other performance tests run on the Software may not be disclosed to any third party without Pervasive's prior written consent.
     9.10	English will be the controlling language of this Agreement.
     9.11	Maintenance and Support Services.  If you have selected and paid for maintenance and support services for the Software, Pervasive agrees to provide maintenance and support services for the Software subject to the terms and conditions of this Agreement and the standard Pervasive maintenance and support services terms applicable to the maintenance and support plan level selected by You.  All error corrections, updates, and upgrades provided by Pervasive to You in connection with maintenance and support services are hereby deemed Software and are governed by the terms and conditions of this Agreement.
     10.	JAVA RUNTIME ENVIRONMENT. Depending on installation options, the Pervasive PSQL v9.60 software may include the JAVA SE RUNTIME ENVIRONMENT (JRE) 6.0 from Sun Microsystems, Inc. The Binary Code License Agreement from Sun Microsystems, Inc. governs the JAVA SE RUNTIME ENVIRONMENT (JRE) 6.0. By accepting the Pervasive PSQL v9.6 Workgroup  Edition License Agreement, you also agree to accept the terms and conditions of the Binary Code License Agreement and the Supplemental License Terms from Sun Microsystems, Inc. for the JAVA SE RUNTIME ENVIRONMENT 6.0.




Sun Microsystems, Inc. Binary Code License Agreement for the JAVA SE RUNTIME ENVIRONMENT (JRE) VERSION 6

SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE SOFTWARE IDENTIFIED BELOW TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS BINARY CODE LICENSE AGREEMENT AND SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT").   PLEASE READ THE AGREEMENT CAREFULLY.  BY DOWNLOADING OR INSTALLING THIS SOFTWARE, YOU ACCEPT THE TERMS OF THE AGREEMENT. INDICATE ACCEPTANCE BY SELECTING THE "ACCEPT" BUTTON AT THE BOTTOM OF THE AGREEMENT. IF YOU ARE 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. DEFINITIONS. "Software" means the identified above in binary form, any other machine readable materials (including, but not limited to, libraries, source files, header files, and data files), any updates or error corrections provided by Sun, and any user manuals, programming guides and other documentation provided to you by Sun under this Agreement. "Programs" mean Java applets and applications intended to run on the Java Platform, Standard Edition (Java SE) on Java-enabled general purpose desktop computers and servers.

2. LICENSE TO USE. Subject to the terms and conditions of this Agreement, including, but not limited to the Java Technology Restrictions of the Supplemental License Terms, Sun grants you a non-exclusive, non-transferable, limited license without license fees to reproduce and use internally Software complete and unmodified for the sole purpose of running Programs. Additional licenses for developers and/or publishers are granted in the Supplemental License Terms.

3. RESTRICTIONS. Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by Sun and/or its licensors. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Software. You acknowledge that Licensed Software is not designed or intended for use in the design, construction, operation or maintenance of any nuclear facility. Sun Microsystems, Inc. disclaims any express or implied warranty of fitness for such uses. 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. Additional restrictions for developers and/or publishers licenses are set forth in the Supplemental License Terms.

4. LIMITED WARRANTY.  Sun warrants to you that for a period of ninety (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.  Any implied warranties on the Software are limited to 90 days.  Some states do not allow limitations on duration of an implied warranty, 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. 

5. 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. 

6. 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. 

7. TERMINATION.  This Agreement is effective until terminated.  You may terminate this Agreement at any time by destroying all copies of Software.  This Agreement will terminate immediately without notice from Sun if you fail to comply with any provision of this Agreement.  Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right.  Upon Termination, you must destroy all copies of Software. 

8. EXPORT REGULATIONS.  All Software and technical data delivered under this Agreement are subject to US export control laws and may be subject to export or import regulations in other countries.  You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you. 

9. TRADEMARKS AND LOGOS.  You acknowledge and agree as between you and Sun that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET-related trademarks, service marks, logos and other brand designations ("Sun Marks"), and you agree to comply with the Sun Trademark and Logo Usage Requirements currently located at http://www.sun.com/policies/trademarks. Any use you make of the Sun Marks inures to Sun's benefit. 

10. 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). 

11. 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. 

12. 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. 

13. INTEGRATION.  This Agreement 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. 

SUPPLEMENTAL LICENSE TERMS
These Supplemental License Terms add to or modify the terms of the Binary Code License Agreement. Capitalized terms not defined in these Supplemental Terms shall have the same meanings ascribed to them in the Binary Code License Agreement. These Supplemental Terms shall supersede any inconsistent or conflicting terms in the Binary Code License Agreement, or in any license contained within the Software. 

     A. Software Internal Use and Development License Grant. Subject to the terms and conditions of this Agreement and restrictions and exceptions set forth in the Software "README" file incorporated herein by reference, including, but not limited to the Java Technology Restrictions of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license without fees to reproduce internally and use internally the Software complete and unmodified for the purpose of designing, developing, and testing your Programs. 
     
     B. License to Distribute Software.  Subject to the terms and conditions of this Agreement and restrictions and exceptions set forth in the Software README file, including, but not limited to the Java Technology Restrictions of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license without fees to reproduce and distribute the Software, provided that (i) you distribute the Software complete and unmodified and only bundled as part of, and for the sole purpose of running, your Programs, (ii) the Programs add significant and primary functionality to the Software, (iii) you do not distribute additional software intended to replace any component(s) of the Software, (iv) you do not remove or alter any proprietary legends or notices contained in the Software, (v) you only distribute the Software subject to a license agreement that protects 
Sun's interests consistent with the terms contained in this Agreement, and (vi) 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 Software.
     
     C. 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.
     
     D. Source Code.  Software may contain source code that, unless expressly licensed for other purposes, is provided solely for reference purposes pursuant to the terms of this Agreement.  Source code may not be redistributed unless expressly provided for in this Agreement.
     
     E. Third Party Code.  Additional copyright notices and license terms applicable to portions of the Software are set forth in the THIRDPARTYLICENSEREADME.txt file. In addition to any terms and conditions of any third party opensource/freeware license identified in the THIRDPARTYLICENSEREADME.txt file, the disclaimer of warranty and limitation of liability provisions in paragraphs 5 and 6 of the Binary Code License Agreement shall apply to all Software in this distribution.
     
     F. Termination for Infringement.  Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right.
     
     G. Installation and Auto-Update.  The Software's installation and auto-update processes transmit a limited amount of data to Sun (or its service provider) about those specific processes to help Sun understand and optimize them.  Sun does not associate the data with personally identifiable information.  You can find more information about the data Sun collects at http://java.com/data/. 

For inquiries please contact: Sun Microsystems, Inc., 
4150 Network Circle, Santa Clara, California 95054, 
U.S.A.

Revision date: March 30, 2007



