As defined below, the Licensed Work, including the content (specific Java Tutorial content downloaded in HTML files or graphic image files) and the example code (.Java, .Class, .Jar, and .Project files) are governed by the following Java Tutorial Limited Non-Commercial License (the "Agreement"). In the alternative, the example code only is also available under the terms of the BSD License [Live link to BSD License]. JAVA TUTORIAL LIMITED NON-COMMERCIAL LICENSE The Agreement is made between Sun Microsystems, Inc., a Delaware corporation with its address at 4150 Network Circle, Santa Clara, CA 95054 ("Sun"), and the individual, corporation, partnership or other legal entity receiving the Licensed Work ("Licensee") as of the date Licensee downloads the Licensed Work ("Effective Date"). The parties agree as follows: 1 DEFINITIONS. 1.1 "Intellectual Property Rights" means worldwide common law and statutory rights associated with: (i) patents and patent applications; (ii) works of authorship, including mask work rights, copyrights, and moral rights; (iii) protection of trade and industrial secrets and confidential information; (iv) other proprietary rights relating to intangible intellectual property (specifically excluding Sun Trademarks); and (v) divisions, continuations, renewals, reissuances, and extensions of the rights set forth above (as applicable). 1.2 "Licensed Work" means the content (specific Java Tutorial content downloaded in HTML files or graphic image files) and the example code (.Java, .Class, .Jar, and .Project files) as provided to Licensee by Sun under this Agreement. 1.3 "Licensors" means Sun licensors that have licensed third party code to Sun that is included in the Licensed Work. 1.4 "Permitted Use" means the following types of use: (i) Research and Instructional Use, whereby Licensee may use or modify the Licensed Work internally and non-commercially to provide instruction on the Java Programming language; and (ii) Individual Use, whereby Licensee may use or modify Licensed Work internally and non-commercially for personal and individual use. 1.5 "Sun Trademarks" means all names, marks, logos, designs, trade dress and other brand designations used by Sun. 2 LIMITED LICENSES. Subject to and conditioned upon Licensee's compliance with the conditions and restrictions set forth in this Agreement, Sun grants to Licensee a personal, non-exclusive, non-transferable, royalty-free and limited license to view the Licensed Work and to use the Licensed Work internally solely for the Permitted Use during the term of this Agreement. 3 RESTRICTIONS. 3.1 No license under this Agreement is granted to Licensee for any purpose not specifically set forth in Section 2 (Limited Licenses) of this Agreement. Except as otherwise provided by law, Licensee is not authorized to transfer the Licensed Work to any third party for use in commercial or development activities. 3.2 Licensee shall have no right to use the Licensed Work for commercial uses or in a production environment. 3.3 Licensee may copy and use the number of copies of Licensed Work and make additional copies necessary for the Permitted Use, provided that Licensee reproduces all copyright and other notices appearing on or in the Licensed Work on any such copy. 3.4 Except as expressly provided in Section 2 ("Limited Licenses") of this Agreement, no right, title, or interest in or to the Licensed Work or any Sun Trademarks is granted under this Agreement. Sun retains all right, title and interest, including associated Intellectual Property Rights, in and to the Licensed Work, any Sun Trademarks, and any modifications, improvements or enhancements to the Licensed Work. 3.5 Portions of Licensed Work may be provided with notices and open source licenses from communities and third parties that govern the use of those portions, and any licenses granted hereunder do not alter any rights and obligations Licensee may have under such open source licenses, however, the disclaimer of warranty and limitation of liability provisions in this Agreement will apply to all Licensed Work. 4 NO SUPPORT. Sun is under no obligation to support the Licensed Work or to provide Licensee with updates . 5TERM AND TERMINATION. 5.1 This Agreement will commence on the Effective Date and will continue so long as Licensee is not in default of any term hereunder, unless terminated earlier in accordance with this Section 5. 5.2 Either party may terminate this Agreement without cause upon ten (10) days' written notice to the other party. In addition, Sun may terminate this Agreement immediately with written notice if (i) the Licensed Work becomes, or in Sun's opinion is likely to become, the subject of a claim of infringement or misappropriation of any Intellectual Property Right; (ii) Licensee breaches any of its obligations under this Agreement; or (iii) Licensee infringes or challenges the validity of any Sun Intellectual Property Rights. 5.3 Upon termination or expiration of this Agreement, Licensee will immediately cease using the Licensed Work. Licensee will immediately destroy any and all copies of the Licensed Work and provide Sun a written statement by Licensee's authorized representative certifying that Licensee has complied with these obligations. 5.4 Rights and obligations under this Agreement that by their nature should survive will remain in effect after termination or expiration of this Agreement. 6 DISCLAIMER OF WARRANTY. 6.1 Licensee acknowledges that the Licensed Work is not designed or intended for use in the design, construction, operation or maintenance of any nuclear facility. 6.2 THE LICENSED WORK IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY OF NON-INFRINGEMENT, ARE DISCLAIMED, TO THE FULLEST EXTENT PERMITTED BY LAW. 7 LIMITATION OF LIABILITY. 7.1 Licensee acknowledges that the Licensed Work may be experimental. Licensee further acknowledges that the Licensed Work may have defects or deficiencies that cannot or will not be corrected by Sun. Licensee will indemnify and hold Sun harmless from any claims based on Licensee's use of the Licensed Work for any purpose. Neither Sun nor its Licensors are under any obligation to release a commercial version of the Licensed Work. 7.2 Licensee acknowledges that the Licensed Work may not have been approved by the United States Federal Communications Commission, any other governmental agency, or any test laboratory (for example without limitation, Underwriter's Laboratories, and TUV). 7.3 Neither Sun nor any of its licensors will be liable for any indirect, punitive, special, incidental or consequential damages in connection with or arising out of this Agreement (including loss of business, revenue, profits, goodwill, use, data, electronically transmitted communications or other economic advantage), however they arise, whether for breach of contract, breach of warranty or in tort, including negligence, and even if that party has previously been advised of the possibility of such damages AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE. IN NO EVENT WILL SUN'S AGGREGATE LIABILITY TO LICENSEE FOR ALL CLAIMS UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY LICENSEE FOR THE TECHNOLOGY UNDER THIS AGREEMENT. 7.4 Liability for damages will be limited and excluded as set forth above even if any exclusive remedy provided in this Agreement fails of its essential purpose. Some states do not allow the exclusion of incidental or consequential damages, so some of the terms above may not be applicable to you. 8 U.S. GOVERNMENT RIGHTS. The Licensed Work is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), and may consist of "commercial computer software" (as that term is defined at 48 C.F.R. ยง 252.227-7014(a)(1)) and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Licensed Work with only those rights set forth herein. This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFAR, or other clause or provision that addresses Government rights in computer software under this Agreement. 9 GENERAL. 9.1 All disputes will be governed by California law and controlling U.S. federal law. The venue for litigation will be the appropriate courts located in Santa Clara County, California. The parties agree that the Federal District Court for the Northern District of California shall have exclusive jurisdiction over any dispute involving exclusively federal causes of action. That court and the California state courts in Santa Clara County, California shall have exclusive jurisdiction over all other disputes. The parties hereby submit to the personal jurisdiction of those courts. Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods will not apply to the Agreement or any dispute arising out of or related to this Agreement. 9.2 Licensee agrees that the Licensed Work and technical data delivered under this Agreement are subject to U.S. export laws (including but not limited to the Export Administration Regulations ("EAR": 15 C.F.R. Parts 730-774)) and applicable trade laws of other countries. Licensee agrees to strictly comply with all such laws and assumes responsibility to obtain licenses to export, re-export, or import as may be required. Unless authorized by United States export laws, Licensee agrees that (i) none of the Licensed Work or technical data or direct product therefrom is being or will be acquired for, shipment, transfer, or re-export, directly or indirectly, to: a) any country subject to U.S. Embargo or terrorist controls or b) a country and its nationals in Country Group D:1 as listed in Part 740 Supplement 1 of the EAR; (ii) neither Licensee nor any party to whom the Licensed Work and technical data are transferred is not identified on any U.S. Government export exclusion lists; and (iii) the Licensed Work and technical data will not be used for nuclear, missile, chemical biological weaponry, or other weapons of mass destruction. These obligations shall survive expiration or termination of this Agreement. 9.3 Any express waiver or failure to exercise promptly any right under this Agreement will not create a continuing waiver or any expectation on non-enforcement. To be enforceable, a waiver must be in writing and signed by an authorized representative of the waiving party. 9.4 It is understood and agreed that, notwithstanding any other provision of this Agreement, Licensee's breach of Sections 2.0 (Limited Licenses), 3.0 (Restrictions), and/or 5.0 (Term and Termination) 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 injunctive relief to protect Sun's rights under this Agreement, without posting bond or other security, in addition to any and all other remedies available under this Agreement, at law, and in equity. 9.5 Neither party may assign or otherwise transfer any of its rights or obligations under this Agreement (whether by operation of law or otherwise), without the prior written consent of the other party, except that Sun may assign this Agreement to an affiliated company without such consent. 9.6 If any term or provision of this Agreement is found to be invalid under any applicable statute or rule of law, such provision shall be enforced to the maximum extent permissible to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. 9.7 No modification to this Agreement will be binding, unless in writing and manually signed by an authorized representative of each party. 9.8 This Agreement, constitutes the parties' entire agreement relating to its subject matter. It cancels and supersedes all prior and contemporaneous oral and written communications, proposals, conditions, representations and warranties and prevails over any conflicting or additional terms contained in any quote, purchase order, acknowledgment, or other communication between the parties relating to its subject matter during its term, including but not limited to terms of any Binary Code Licenses, Supplemental Terms, or other standard licenses accompanying the Licensed Work.