APPLET LICENSE AGREEMENT 1. License Grant. Sun grants to Licensee, under and to the extent of Sun's intellectual property rights, a nonexclusive, nontransferable, worldwide, royalty-free license to use, modify and copy the source code of the Java Applet to which this License is associated (the "Software"). The Software is copyrighted and title to all copies is retained by Sun and/or its licensors. Licensee may make a reasonable number of copies of the source code of Software for internal use by Licensee. Licensee may compile and distribute an unlimited number of copies of the binaries of the Software for any use or purpose. Licensee may print one copy of on-line documentation, if any is provided, provided that all proprietary rights notices on Software are reproduced and applied. Licensee shall own all changes made by Licensee to the Software, subject to Sun's ownership of the original Software. No right, title or interest in and to any trademarks, service marks or trade names of Sun or Sun's licensors is granted hereunder. 2. Confidentiality. Software is confidential and proprietary information of Sun and/or its licensors. Licensee agrees to take reasonable steps to protect Software from unauthorized disclosure or use. 3. Warranty. Software is provided "AS IS," without a warranty of any kind. 4. Disclaimer of Warranty. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED. 5. Limitation of Liability. IN NO EVENT WILL SUN BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF 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. 6. Termination. This License is effective until terminated. Licensee may terminate this License at any time by destroying all copies of Software including any documentation. This License will terminate immediately without notice from Sun if Licensee fails to comply with any provision of this License. Upon termination, Licensee must destroy all copies of Software. 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. 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. 8.High Risk Activities. The 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. Sun disclaims any express or implied warranty of fitness for such uses. Licensee agrees that it will not knowingly use or license the Software for such purposes, and that it will ensure that any licensees and end users of the Software are provided with a copy of the foregoing notice. 9. U.S. Government Restricted Rights. If Licensee is acquiring Software or accompanying documentation on behalf of the U.S. Government, it shall be subject to "Restricted Rights", as that term is defined in the Federal Acquisition Regulations ("FARs") in paragraph 52.227-19(c)(2), or its equivalent paragraph in the DOD Supplement to the FARs. Contractor/Manufacturer is: Sun Microsystems Inc., 2550 Garcia Ave., Mountain View, CA 94043. 10. 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.