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Pre-Release
Software Evaluation Agreement

SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE JAVA SE RUNTIME ENVIRONMENT (JRE), VERSION 6, 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 THISSOFTWARE, 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 Java SE RuntimeEnvironment (JRE), Version 6, 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), Feedback (as defined in Section 5.0), any user manuals, programming guides and other documentation provided to Licensee by Sun under this Agreement.

2.0 LIMITED LICENSE

2.1 SourceCode. 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 thepurposes 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 toreproduce any copyright and other proprietary right notices on any such copy.

3.2 Licensed Software is "Confidential Information". 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, as Licensee uses to protect its own Confidential Information.

3.3Except 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.

3.4 No right, title, or interest in or to Licensed Software, any trademarks, service marks, or trade names of Sun or Sun'slicensors is granted under this Agreement.

3.5 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 Updateswill 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 Software for use in Licensee's software environment and provide feedback to Sun in a manner reasonably requested by Sun. Any and all test results, error data, reports or other information, feedback or materials made or provided by Licensee relatingto Software (collectively, "Feedback") are the exclusive property of Sun and Licensee hereby assigns all Feedback to Sun at no cost to Sun. Sun may use such 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...