Sun Doc Check Doclet, Version 1.2 Beta 2 
Pre-Release Software Evaluation Agreement


SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE SUN DOC CHECK DOCLET, 
VERSION 1.2 BETA 2 SOFTWARE TO YOU ("LICENSEE") ONLY UPON THE CONDITION THAT YOU 
ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT ("AGREEMENT"). 
PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE CAREFULLY. BY INSTALLING 
THIS SOFTWARE, YOU ACCEPT THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF 
YOU ARE NOT WILLING TO BE BOUND BY ITS TERMS, SELECT THE "DO NOT ACCEPT" BUTTON 
AT THE BOTTOM OF THIS PAGE AND THE INSTALLATION PROCESS WILL NOT CONTINUE. 
1.0 DEFINITIONS 
"Licensed Software" means the Sun Doc Check Doclet, Version 1.2 Beta 2 in source 
form, any portions of the software code provided in binary form, and any user 
manuals, programming guides and other documentation provided to Licensee by Sun 
under the agreement.
1.2 "Derivative Product" means: (a) any work or invention, new material, 
information or data which is based in whole or in part upon the Licensed 
Software, including any derivative work, improvement, extension, revision, 
modification, translation, abridgement, condensation, expansion, collection, 
compilation, or any other form in which the Licensed Software may be recast, 
transformed or adapted; or (b) any modification, addition, procedure, routine or 
work-around intended to correct any failure of the Licensed Software to perform 
its intended functions or any failure to perform in accordance with any 
accompanying documentation or specifications.
2.0 LIMITED LICENSE 
Sun grants to Licensee, a non-exclusive, non-transferable, royalty-free and 
limited license to use and modify the Licensed Software internally for the 
purpose of generating documentation for commercial and non-commercial use; 
provided, that Licensee will hold Sun harmless from any liability arising from 
distribution and use of such documentation. No license is granted to Licensee 
for any other purpose. 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 to reproduce any 
copyright and other proprietary right notices on any such copy.
3.2 Except as otherwise provided by law and Section 2.0, 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.
3.3 No right, title, or interest in or to Licensed Software, any trademarks, 
service marks, or trade names of Sun or Sun's licensors is granted under this 
Agreement.
3.4 Except as provided for in Section 2.0, Licensee shall have no right to use 
the Licensed Software for productive or commercial use.
3.5 Sun will retain ownership of Licensed Software, and all copies thereof. Sun 
will own all Derivative Product. Licensee irrevocably transfers and assigns to 
Sun any interest it may have in Derivative Products, including without 
limitation all worldﾂｭwide intellectual property rights and moral rights.  
Licensee forever waives and agrees never to assert any moral rights (including 
without limitation rights of paternity and attribution) or other intellectual 
property rights it may have in Derivative Products, even after termination of 
this Agreement. Licensee will assist Sun in taking any actions required for Sun 
to obtain or perfect intellectual property rights in Derivative Products 
worldwide, as Sun deems reasonably appropriate. Licensee will enter into 
agreements with its employees, employees of subsidiaries and contractors who may 
create Derivative Products to ensure the free assignment of the rights granted 
to Sun under this Agreement.
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 Updates 
will 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 Licensed Software for use with 
Licensee's products and to provide feedback to Sun's email address: 
doccheck-feedback@sun.com. Sun shall treat any oral or written feedback or 
results of Licensee's testing of the Licensed Software which Licensee provides 
to Sun as Sun's Confidential Information (defined in Section 7 below).
6.0 TERM AND TERMINATION OF AGREEMENT 
6.1 This Agreement will commence on the date on which Licensee receives Licensed 
Software (the "Effective Date") and will expire two (2) years from the Effective 
Date, unless terminated earlier as provided below.
6.2 Either party may terminate this Agreement upon ten (10) days written notice 
to the other party. However, Sun may terminate this Agreement immediately should 
any Licensed Software become, or in Sun's opinion be likely to become, the 
subject of a claim of infringement of a patent, trade secret or copyright.
6.3 Sun may terminate this Agreement immediately should Licensee materially 
breach any of its provisions or take any action in derogation of Sun's rights to 
the Confidential Information licensed to Licensee.
6.4 Upon termination or expiration of this Agreement, Licensee will immediately 
cease use of and destroy Licensed Software and Derivative Product and any copies 
thereof and provide Sun a written statement certifying that Licensee has 
complied with the foregoing obligations.
6.5 Rights and obligations under this Agreement which by their nature should 
survive, will remain in effect after termination or expiration hereof.
7.0 CONFIDENTIAL INFORMATION 
7.1 For purposes of this Agreement, "Confidential Information" means: (i) 
business and technical information and any source code or binary code which Sun 
discloses to Licensee related to Licensed Software; (ii) any Derivative Product, 
and (iii) the terms, conditions, and existence of this Agreement. Licensee may 
not disclose Confidential Information or use it except for the purposes 
specified in this Agreement. Licensee will protect the confidentiality of 
Confidential Information to the same degree of care, but no less than reasonable 
care, as Licensee uses to protect its own Confidential Information. Licensee's 
obligations regarding Confidential Information will expire no less than five (5) 
years from the date of receipt of the Confidential Information, except for Sun 
source code which will be protected in perpetuity. Licensee agrees that Licensed 
Software contains trade secrets of Sun.
7.2 Notwithstanding any provisions contained in this Agreement concerning 
nondisclosure and non-use of the Confidential Information, the nondisclosure 
obligations of Section 7.1 will not apply to any portion of Confidential 
Information that a Licensee can demonstrate in writing is: (i) now, or hereafter 
through no act or failure to act on the part of Licensee becomes, generally 
known to the general public; (ii) known to Licensee at the time of receiving the 
Confidential Information without an obligation of confidentiality; (iii) 
hereafter rightfully furnished to Licensee by a third party without restriction 
on disclosure; or (iv) independently developed by Licensee without any use of 
the Confidential Information.
7.3 Licensee must restrict access to Confidential Information to its employees 
or contractors with a need for this access to perform their employment or 
contractual obligations and who have agreed in writing to be bound by a 
confidentiality obligation which incorporates the protections and restrictions 
substantially as set forth in this Agreement.
8.0 DISCLAIMER OF WARRANTY 
8.1 Licensee acknowledges that Licensed Software may contain errors and is not 
designed or intended for use in the design, construction, operation or 
maintenance of any nuclear facility ("High Risk Activities"). Sun disclaims an 
express or implied warranty of fitness for such uses. Licensee represents and 
warrants to Sun that it will not use, distribute or license the Licensed 
Software for High Risk Activities.
8.2 LICENSED SOFTWARE IS PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, 
REPRESENTATIONS, AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF 
MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR 
NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE 
HELD TO BE LEGALLY INVALID.
9.0 LIMITATION OF LIABILITY 
9.1 Licensee acknowledges that the Licensed Software is experimental. Licensee 
acknowledges that the Licensed Software may have defects or deficiencies which 
cannot or will not be corrected by Sun. Licensee will hold Sun harmless from any 
claims based on Licensee's use of the Licensed Software for any purposes other 
than those in Section 2.0, and from any claims that later versions or releases 
of any Licensed Software furnished to Licensee are incompatible with the 
Licensed Software provided to Licensee under this Agreement.
9.2 Licensee shall have the sole responsibility to protect adequately and backup 
Licensee's data and/or equipment used in connection with the Licensed Software. 
Licensee shall not claim against Sun for lost data, re-run time, inaccurate 
output, work delays or lost profits resulting from Licensee' use of the Licensed 
Software.
9.3 Licensee acknowledges that Sun is under no obligation to release the 
Licensed Software as a product of Sun.
9.4 To the extent not prohibited by law, in no event will Sun be liable for any 
indirect, punitive, special, incidental or consequential damage in connection 
with or arising out of this Agreement (including loss of business, revenue, 
profits, use, data or other economic advantage), however it arises, whether for 
breach or in tort, even if the other party has been previously advised of the 
possibility of such damage.
10.0 U.S. GOVERNMENT RIGHTS 
If Licensed Software is being acquired by or on behalf of the U.S. Government or 
by a U.S. Government prime contractor or subcontractor (at any tier), then the 
Government's rights in Software will be only as set forth in this Agreement; 
this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of 
Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD 
acquisitions).
11.0 GENERAL TERMS 
11.1 Any action related to this Agreement will be governed by California law and 
controlling U.S. federal law. The U.N. Convention for the International Sale of 
Goods and the choice of law rules of any jurisdiction will not apply.
11.2 Licensed Software and technical data delivered under this Agreement are 
subject to U.S. export control laws and may be subject to export or import 
regulations in other countries. Licensee agrees to comply strictly with all such 
laws and regulations and acknowledges that it has the responsibility to obtain 
such licenses to export, re-export or import as may be required after delivery 
to Licensee.
11.3 It is understood and agreed that, notwithstanding any other provision of 
this Agreement, Licensee's breach of the provisions of Section 7 of this 
Agreement will cause Sun irreparable damage for which recovery of money damages 
would be inadequate, and that Sun will therefore be entitled to seek timely 
injunctive relief to protect Sun's rights under this Agreement in addition to 
any and all remedies available at law.
11.4 Neither party may assign or otherwise transfer any of its rights or 
obligations under this Agreement, without the prior written consent of the other 
party, except that Sun may assign this Agreement to an affiliated company.
11.5 This Agreement is the parties' entire agreement relating to its subject 
matter. It supersedes all prior or contemporaneous oral or written 
communications, proposals, conditions, representations and warranties and 
prevails over any conflicting or additional 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 to this 
Agreement will be binding, unless in writing and signed by an authorized 
representative of each party.
(LFI#133032/Form ID#011801)