Pre-Release 
Software Evaluation Agreement

SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE JAVAMAIL 1.3.3
EA 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 JavaMail 1.3.3 EA 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 Licensed Software for use with
Licensee's products and to provide Feedback to Sun's email address:
javamail@sun.com. Any test results, error data, reports or other
information, or materials provided to Sun relating to the Licensed
Software ("Feedback") is the exclusive property and Confidential
Information of Sun. Licensee hereby assigns all Feedback to Sun at no
cost to Sun. Sun may use 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 sixty (60)
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.
