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1. License Grant and Restrictions. Sun grants to Licensee a nonexclusive, nontransferable, worldwide, royalty- free license to use the binary code of the prerelease version of HotJava (the "Software"). Licensee agrees that it shall use the Software provided hereunder solely for demonstration purposes and for Licensee's internal evaluation. The Software is copyrighted and title to all copies is retained by Sun and/or its licensors. Licensee shall not make copies of Software, other than a single copy of Software in machine-readable format for back-up or archival purposes and, if applicable, Licensee may print one copy of on-line documentation, in which event all proprietary rights notices on Software and on-line documentation shall be reproduced and applied to all copies. Licensee shall not modify, decompile, disassemble, decrypt, extract, or otherwise reverse engineer Software. Software may not be transferred, leased, assigned, or sublicensed, in whole or in part. No right, title or interest in and to any trademarks or trade names of Sun or Sun's licensors is granted hereunder.

2. Confidentiality. Software is confidential and proprietary information of Sun and/or its licensors. Licensee agrees to take adequate steps to protect Software from unauthorized disclosure or use.

3. Warranty. The Software is provided "AS IS," without a warranty of any kind.

4. Disclaimer of Warranty. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED.

5. Limitation of Liability. IN NO EVENT WILL SUN BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6. Termination. This License is effective until terminated. Licensee may terminate this License at any time by destroying all copies of Software including any documentation. This License will terminate immediately without notice from Sun if Licensee fails to comply with any provision of this License. Upon termination, Licensee must destroy all copies of Software.

7. Export Regulations. Software, including technical data, is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. Licensee agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import Software.

8. U.S. Government Restricted Rights. If Licensee is acquiring Software or accompanying documentation on behalf of the U.S. Government, it shall be subject to "Restricted Rights", as that term is defined in the Federal Acquisition Regulations ("FARs") in paragraph 52.227-19(c)(2), or its equivalent paragraph in the DOD Supplement to the FARs. Contractor/Manufacturer is: Sun Microsystems Inc., 2550 Garcia Ave., Mountain View, CA 94043.

9. Governing Law. This Agreement is made under, shall be governed by and construed in accordance with the laws of the State of California, U.S.A., excluding its choice of law provisions.