Sun Microsystems, Inc. Binary Code License Agreement JAVA ADVANCED IMAGING API, VERSION 1.1.2 READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENS E TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTW ARE MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGRE E TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING THE SOFTWAR E ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTIN G 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 ELECT RONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THIS AGREEMENT. 1. LICENSE TO USE. Sun grants you a non-exclusive and non-trans ferable license for the internal use only of the accompanying softwar e and documentation and any error corrections provided by Sun (collec tively "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. Titl e to Software and all associated intellectual property rights is reta ined by Sun and/or its licensors. Except as specifically authorize d in any Supplemental License Terms, you may not make copies of Softw are, other than a single copy of Software for archival purposes. U nless enforcement is prohibited by applicable law, you may not modify , decompile, or reverse engineer Software. Licensee acknowledges t hat Software is not designed or intended for use in the design, const ruction, operation or maintenance of any nuclear facility. Sun Micros ystems, Inc. disclaims any express or implied warranty of fitness for such uses. No right, title or interest in or to any trademark, s ervice mark, logo or trade name of Sun or its licensors is granted un der this Agreement. 3. LIMITED WARRANTY. Sun warrants to you that for a period of nin ety (90) days from the date of purchase, as evidenced by a copy of th e receipt, the media on which Software is furnished (if any) will be free of defects in materials and workmanship under normal use. Exc ept for the foregoing, Software is provided "AS IS". Your exclusiv e 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 f or Software. 4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, IN CLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTIC ULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. 5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW , IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENU E, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTA L OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIA BILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE S OFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMA GES. In no event will Sun's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential p urpose. 6. Termination. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all co pies of Software. This Agreement will terminate immediately withou t notice from Sun if you fail to comply with any provision of this Ag reement. Upon Termination, you must destroy all copies of Software . 7. Export Regulations. All Software and technical data delivered und er this Agreement are subject to US export control laws and may be su bject to export or import regulations in other countries. You agre e to comply strictly with all such laws and regulations and acknowled ge that you have the responsibility to obtain such licenses to export , re-export, or import as may be required after delivery to you. 8. U.S. Government Restricted Rights. If Software is being acqu ired by or on behalf of the U.S. Government or by a U.S. Government p rime contractor or subcontractor (at any tier), then the Government's rights in Software and accompanying documentation will be only as se t forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) an d with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions). 9. Governing Law. Any action related to this Agreement will be governed by California law and controlling U.S. federal law. No ch oice of law rules of any jurisdiction will apply. 10. Severability. If any provision of this Agreement is held to be un enforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, i n which case this Agreement will immediately terminate. 11. Integration. This Agreement is the entire agreement between yo u and Sun relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, represe ntations and warranties and prevails over any conflicting or addition al terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding , unless in writing and signed by an authorized representative of eac h party. JAVA ADVANCED IMAGING, VERSION 1.1.2 SUPPLEMENTAL LICENSE TERMS These supplemental license terms ("Supplemental Terms") add to or mod ify the terms of the Binary Code License Agreement (collectively, the "Agreement"). Capitalized terms not defined in these Supplemental Te rms shall have the same meanings ascribed to them in the Agreement. T hese Supplemental Terms shall supersede any inconsistent or conflicti ng terms in the Agreement, or in any license contained within the Sof tware. 1. Software Internal Use and Development License Grant. Subject to the terms and conditions of this Agreement, including, but not limit ed to Section 3 (Java Technology Restrictions) of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited lice nse to reproduce internally and use internally the binary form of the Software, complete and unmodified, for the sole purpose of designing , developing and testing your Java applets and applications ("Program s"). 2. License to Distribute Software. In addition to the license gran ted in Section 1 (Software Internal Use and Development License Grant ) of these Supplemental Terms, subject to the terms and conditions of this Agreement, including but not limited to, Section 3 (Java Techno logy Restrictions) of these Supplemental Terms, Sun grants you a non- exclusive, non-transferable, limited license to reproduce and distrib ute the Software in binary code form only, provided that you (i) dist ribute the Software complete and unmodified and only bundled as part of your Programs, (ii) do not distribute additional software intended to replace any component(s) of the Software, (iii) do not remove or alter any proprietary legends or notices contained in the Software, ( iv) only distribute the Software subject to a license agreement that protects Sun's interests consistent with the terms contained in this Agreement, and (v) agree to defend and indemnify Sun and its licensor s from and against any damages, costs, liabilities, settlement amount s and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or r esults from the use or distribution of any and all Programs and/or So ftware. 3. Java Technology Restrictions. 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 additi onal classes within the JPI or otherwise causing the addition to or m odification of the classes in the JPI. In the event that you creat e an additional class and associated API(s) which (i) extends the fun ctionality of the Java platform, and (ii) is exposed to third party s oftware 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 . You may not create, or authorize your licensees to create additi onal classes, interfaces, or subpackages that are in any way identifi ed as "java", "javax", "sun" or similar convention as specified by Su n in any naming convention designation. 4. Java Runtime Availability. Refer to the appropriate version of t he Java Runtime Environment binary code license (currently located at http://www.java.sun.com/jdk/index.html) for the availability of runt ime code which may be distributed with Java applets and applications. 5. Trademarks and Logos. You acknowledge and agree as between you and Sun that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET t rademarks and all SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET-relate d trademarks, service marks, logos and other brand designations ("Sun Marks"), and you agree to comply with the Sun Trademark and Logo Usa ge Requirements currently located at http://www.sun.com/policies/trad emarks. Any use you make of the Sun Marks inures to Sun's benefit. 6. Source Code. Software may contain source code that is provided sol ely for reference purposes pursuant to the terms of this Agreement. Source code may not be redistributed unless expressly provided fo r in this Agreement. 7. Termination for Infringement. Either party may terminate this A greement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right. For inquiries please contact: Sun Microsystems, Inc., 4150 Network Ci rcle, Santa Clara, California 95054, U.S.A (LFI#143342/Form ID#011801)