Solaris OpenStep(TM) License Agreement SUNSOFT, INC. SOLARIS OPENSTEP FREE SOFTWARE LICENSE AGREEMENT _________________________________________________________________ SUNSOFT IS WILLING TO LICENSE THE SOLARIS OPENSTEP SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. READ THE TERMS AND CONDITIONS OF THIS LICENSE CAREFULLY BEFORE SELECTING THE "ACCEPT" BUTTON AT THE BOTTOM OF THIS PAGE. BY SELECTING THE "ACCEPT" BUTTON YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THIS AGREEMENT, SELECT THE "DO NOT ACCEPT" BUTTON AT THE BOTTOM OF THIS PAGE AND THE INSTALLATION PROCESS WILL NOT CONTINUE. 1. License to Use. Customer is granted a non-exclusive and non-transferable license ("License") to use internally the machine-readable form of the downloaded software programs ("Software, " which shall include any accompanying documentation), provided it is used in conjunction with a licensed version of Solaris for the purposes of evaluation or non-commercial use. Under no circumstances will Customer provide the Software to third parties on a for-profit, commercial basis. 2. Restrictions. Software is copyrighted and title to all copies is retained by SunSoft and/or its licensors. Customer may copy the Software only to use or archive it. Except to the extent enforcement of this provision is prohibited by applicable law, if at all, Customer shall not modify, decompile, disassemble, decrypt, extract, or otherwise reverse engineer Software. Software is not designed or licensed for use in on-line control equipment in hazardous environments such as operation of nuclear facilities, aircraft navigation or control, or direct life support machines. 3. Confidentiality. Software is confidential and proprietary information of SunSoft and/or its licensors. Customer agrees to take adequate steps to protect Software from unauthorized disclosure or use. 4. Disclaimer of Warranty. THE SOFTWARE IS PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED TO THE EXTEXT ALLOWED BY APPLICABLE LAW. 5. Limitation of Liability. IN NO EVENT WILL SUNSOFT OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, 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 SUNSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 6. Termination. Customers may terminate this License at any time by destroying all copies of Software including any documentation. This License will terminate immediately without notice from SunSoft if Customer fails to comply with any provision of this License. 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. Customer 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 Customer is acquiring Software including accompanying documentation on behalf of the U.S. Government, the following provisions apply. If Software is supplied to the Department of Defense ("DOD"), Software is subject to "Restricted Rights", as that term is defined in the DOD Supplement to the Federal Acquisition Regulations ("DFAR") in paragraph 252.227-7013(c) (1). If Software is supplied to any unit or agency of the United States Government other than DOD, the Government's rights in Software will be as defined in paragraph 52.227-19(c) (2) of the Federal Acquisition Regulations ("FAR"). Use, duplication, reproduction or disclosure by the Government is subject to such restrictions or successor provisions. Contractor/Manufacturer is: SunSoft, 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. 10. Severability. If any of the above provisions are held to be in violation of applicable law, void, or unenforceable in any jurisdiction, then such provisions are herewith waived to the extent necessary for the License to be otherwise enforceable in such jurisdiction, However, if in SunSoft's opinion deletion of any provisions of the License by operation of this paragraph unreasonably compromises the rights or liabilities of SunSoft or its licensors, SunSoft reserves the right to terminate the License. 11. Integration. This Agreement is the entire agreement between Customer and SunSoft relating to Software and: (i) supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to its subject matter; and (ii) prevails over any conflicting or additional terms of any quote, order, acknowledgment, or similar communication between the parties during the term of this Agreement. No modification to the Agreement will be binding, unless in writing and signed by a duly authorized representative of each party. 12. No Support of Software. SunSoft is under no obligation to support the Software in any way, or to provide you with updates, bug fixes, or error corrections (collectively "Software Updates"). If SunSoft, at its sole option, supplies Software Updates to you, such Software Updates will be consedered part of the Licensed Software, subject to the terms and conditions of this Agreement. _________________________________________________________________