SUN MICROSYSTEMS, INC. SOURCE CODE PORTING LICENSE AGREEMENT 1. Sun grants you a non-exclusive, non-transferable license to use the source code of the Licensed Software for the following two limited purposes only: (1) to permit you to understand the operation of the Licensed Software; and (2) to create a derivative work by porting the Licensed Software to new platforms ("Ported Software"). In order to preserve interoperability of third-party Java software, the right to port the Licensed Software does not include the right to modify the Application Programming Interface as currently defined in the following documentation created by Sun, and as the same may be amended from time to time: Java Language Specification and Java Virtual Machine Specification. 2. You may use the Ported Software only in a manner consistent with the terms of the License Agreement accompanying the Licensed Software, located in the top-level file "COPYRIGHT". Such License Agreement permits you to use and distribute the Licensed Software, exclusive of the source code for the compiler and interpreter, for any non-commercial purposes without payment of royalties to Sun. In the event you desire to use or distribute the Licensed Software, or Ported Software developed by you hereunder, commercially, you shall enter into a separate commercial license with Sun for such use and distribution. 3. Sun owns the Licensed Software and its associated documentation and all copyrights therein. You may only use, copy, modify and distribute the Licensed Software as expressly provided for in this Agreement. You must reproduce and include Sun's License Agreement, Sun's copyright notices and disclaimer of warranty on any copy and its associated documentation. You may not use any of Sun's trademarks, trade names, or trade dress, absent a separate trademark license to be executed by you and Sun. 4. If you distribute a derivative work, then you also agree to (1) notify Sun of the distribution, and (2) clearly notify users that such derivative work is a modified version and not the original Sun Software. 5. You agree to grant Sun a royalty-free non-exclusive license to use, copy, modify and distribute any modifications, in source and binary form, to the Licensed Software owned by you and distributed to third parties as a Ported Software under this Agreement. This provision applies to any derivative works of the Licensed Software, but it does not apply to independently developed stand alone material that was not derived from or influenced by the Licensed Software. 6. You are solely responsible for all of your costs and expenses incurred in connection with the distribution of the Licensed Software or any Ported Software hereunder, and Sun shall have no liability, obligation or responsibility therefor. Sun shall have no obligation to provide maintenance, support, upgrades or new releases to you or to any distributee of the Licensed Software or any Ported Software. 7. Although we have endeavored to insure the quality of this release, the Licensed Software is still in experimental form and is provided to you AS IS, without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. SUN SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THE LICENSED SOFTWARE OR PORTED SOFTWARE, OR ANY DERIVATIVE THEREOF. 8. Either party may terminate this Agreement: (i) immediately upon giving written notice of any material breach by the other party, if the nature of the breach is such that it cannot be remedied; or (ii) thirty days following notice to the other party of a material remediable breach, if the other party has not remedied such breach within that thirty-day period. 9. This License Agreement is governed by the laws of the State of California. 10. You agree to abide by all applicable laws of the United States, including without limitation, the export control laws.