Sun Microsystems, Inc. Binary Code License Agreement READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING THE 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 THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THIS AGREEMENT. 1. LICENSE TO USE. Sun grants you a non-exclusive and non-transferable license for the internal use only of the accompanying software and documentation and any error corrections provided by Sun (collectively "Software"), by the number of users and the class of computer hardware for which the corresponding fee has been paid. 2. RESTRICTIONS. Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by Sun and/or its licensors. Except as specifically authorized in any Supplemental License Terms, you may not make copies of Software, other than a single copy of Software for archival purposes. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Software. You acknowledge that Software is not designed, licensed or intended for use in the design, construction, operation or maintenance of any nuclear facility. Sun 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. 3. 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. 4. 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. 5. LIMITATION OF LIABILITY. 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For inquiries please contact: Sun Microsystems, Inc. 901 San Antonio Road, Palo Alto, California 94303 JAVATM DEVELOPMENT OPTIONAL PACKAGES JAVATM API FOR XML PARSING, VERSION 1.0.1 SUPPLEMENTAL LICENSE TERMS These supplemental license terms ("Supplement") add to or modify the terms of the Binary Code License Agreement (collectively, the "Agreement"). Capitalized terms not defined in this Supplement shall have the same meanings ascribed to them in the Agreement. These Supplement terms shall supersede any inconsistent or conflicting terms in the Agreement, or in any license contained within the Software. 1. License to Develop. Sun grants you a non-exclusive, non-transferable, royalty-free limited license to use the Software in binary form for the development of Java(TM) API for XML Parsing compatible parsers (the "Programs") and reproduce and distribute the Programs to third party end users provided that you: (i) do not redistribute the Software in whole or in part, either separately or included in any Program except as authorized for the Java(TM) API for XML parsing JAR Files as specified in Section 2 below, and (ii) agree to indemnify, hold harmless, and defend Sun and its licensors from and against any claims or lawsuits, including attorney's fees, that arise or result from the use or distribution of any and all Programs. 2. License to Distribute. Sun grants you a non-exclusive, non-transferable, royalty-free limited license to reproduce and distribute the classes Java(TM) API for XML parsing classes, in binary form, contained in the Software in the archive files "jaxp.jar" and "parser.jar" ("XML JAR Files") to third party end users solely as a component of your Programs provided that you: (a)(i) distribute the XML JAR Files complete and unmodified in their original Java Archive file; and do not distribute additional software intended to replace any component(s) of the XML JAR Files; or, alternatively (ii) distribute the archive file "jaxp.jar" without the archive file "parser.jar" but with a parser implementation that is compliant with the JAXP specification and do not distribute additional software intended to replace any components of the archive file "jaxp.jar"; and (b) do not remove or alter any proprietary legends or notices contained in or on the Software; (c) only distribute the XML JAR! Files pursuant to a license agreement that protects Sun's interests consistent with the terms contained in the Agreement; (d) agree to incorporate the most current version of the XML JAR Files that was available from Sun no later than 180 days prior to each production release of your Program; and (e) agree to indemnify, hold harmless, and defend Sun and its licensors from and against any claims or lawsuits, including attorney's fees, that arise or result from the use or distribution of any and all Programs. 3. Limited License for Source Code. Sun grants to you a limited license to view only the source code included in Software for purposes of internal evaluation only. You may not modify, distribute or use the source code for any other purpose. 4. Requirements. In exchange for the licenses granted in Paragraphs 1, 2 and 3 above, you agree: a. not to create, or authorize your licensees to create, additional classes, interfaces or subpackages that are contained in the "java," "javax" or "sun" packages, or similarly named package, as specified by Sun in any naming convention; b. that, in the event that you create an API(s) which: (i) extends the functionality of a Java platform; and (ii) is distributed to third party software developers for the purpose of developing software which invokes such additional API, you must promptly and broadly publish an accurate specification for such API for free use by all developers; and c. 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. 5. Java Platform Interface. (i) You may not modify the Java Platform Interface ("JPI", identified as classes contained within the "java" package or any subpackages of the "java" package), by creating additional classes within the JPI or otherwise causing the addition to or modification of the classes in the JPI. (ii) In the event that you create an additional class and associated API(s) which (a) extends the functionality of a Java Environment; and (b) is exposed to third party software developers for the purpose of developing additional software which invokes such additional API, you must promptly publish broadly an accurate specification for such API for free use by all developers. (iii) You may not create, or authorize your licensees to create additional classes, interfaces, or subpackages that are in any way identified as "java", "javax" or "sun" or similar as specified by Sun in any class file naming convention designation, except with respect to the Service Bundles. 6. Trademarks and Logos. You acknowledge and agree as between you and Sun that Sun owns the Java trademark and all Java-related trademarks, service marks, logos and other brand designations including the Coffee Cup logo and Duke logo ("Java 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 Java Marks inures to Sun's benefit.