BDK 1.0 License

This license ("License") contains rights and restrictions associated with use of the accompanying software.

1. Limited License Grant. Sun grants to you ("Licensee") a nonexclusive, nontransferable, worldwide, royalty-free license to use this release of Beans Development Kit Version 1.0 (the "Software"). Licensee agrees that except as provided in Section 2 below, it shall use the Software provided hereunder solely for Licensee's internal evaluation purposes and not for computer operations of any critical nature. This Software is subject to change which may cause applications developed using the Software to be incompatible with subsequent versions.

2. Redistribution of Demonstration Files. Sun grants Licensee the right to use, modify and redistribute the Beans example and demonstration code, including the Bean Box ("Demos"), in both source and binary code form provided that (i) Licensee does not utilize the Demos in a manner which is disparaging to Sun; and (ii) Licensee indemnifies and holds Sun harmless from all claims relating to any such use or distribution of the Demos. Such distribution is limited to the source and binary code of the Demos and specifically excludes any rights to modify or distribute any graphical images contained in the demos.

3. Restrictions. The Software is confidential, copyrighted proprietary information of Sun 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 hich event all proprietary rights notices on Software and on-line documentation shall be reproduced and applied to all copies. Licensee shall not, decompile, disassemble, decrypt, extract, or otherwise reverse engineer Software. Except as provided in Section 2 above, 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. Software is not designed or intended for use in on-line control of aircraft, air traffic, aircraft navigation or aircraft communications; or in the design, construction, operation or maintenance of any nuclear facility. Licensee represents and warrants that it will not use or redistribute the Software for such purposes.

4. Trademarks and Logos. Licensee acknowledges that Sun owns the Java trademark and all Java-related trademarks, logos and icons including the Coffee Cup and Duke ("Java Marks") and agrees to: (i) to comply with the Java Trademark Guidelines at http://java.sun.com/trademarks.html; (ii) not do anything harmful to or inconsistent with Sun's rights in the Java Marks; and (iii) assist Sun in protecting those rights, including assigning to Sun any rights acquired by Licensee in any Java Mark.

5. Disclaimer of Warranty. Software is provided "AS IS," without a warranty of any kind. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED.

6. Limitation of Liability. SUN AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE OR ANY THIRD PARTY AS A RESULT OF USING OR DISTRIBUTING SOFTWARE. IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE 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.

7. Termination. Licensee may terminate this License at any time by destroying all copies of Software. This License will terminate immediately without notice from Sun if Licensee fails to comply with any provision of this License. Upon such termination, Licensee must destroy all copies of Software.

8. 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. Software may not be downloaded, or otherwise exported or re-exported (i) into, or to a national or resident of, Cuba, Iraq, Iran, North Korea, Libya, Sudan, Syria or any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Denial Orders.

9. Restricted Rights. Use, duplication or disclosure by the United States government is subject to the restrictions as set forth in the Rights in Technical Data and Computer Software Clauses in DFARS 252.227-7013(c) (1) (ii) and FAR 52.227-19(c) (2) as applicable.

10. Governing Law. Any action related to this License will be governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.