Early Access
Binary Software Evaluation Agreement
Terms of Agreement

SUN IS WILLING TO LICENSE JAVA SECURE SOCKET 
EXTENSION ("JSSE"), BINARY, EARLY 
ACCESSSOFTWARE TO YOU 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. 
THIS SOFTWARE IS SUBJECT TO U.S. EXPORT 
CONTROLS AND CANNOT BE EXPORTED OUTSIDE THE 
UNITED STATES AND CANADA WITHOUT A U.S. EXPORT 
LICENSE.  BY DOWNLOADING THIS SOFTWARE YOU:  
(1) AGREE NOT TO EXPORT  THIS SOFTWARE; (2) 
ATTEST THAT YOU ARE A UNITED STATES CITIZEN OR 
CANADIAN CITIZEN, UNITED STATES PERMANENT 
RESIDENT, OR A PROTECTED INDIVIDUAL AS DEFINED 
BY THE U.S. IMMIGRATION AND NATURALIZATION ACT 
[8.U.S.C. 1324(a)(3)]; AND [3] WARRANT THAT 
YOU ARE NOT A PARTY IDENTIFIED ON THE U.S. 
DEPARTMENT OF TREASURY'S SPECIALLY DESIGNATED 
NATIONALS LIST OR U.S. DEPARTMENT OF 
COMMERCE'S DENIED PERSONS LIST AND ASSOCIATED 
LISTS.
1.0 DEFINITIONS
"Licensed Software" means the Java Secure 
Socket Extension ("JSSE"), binary only, Early 
Access version, any other machine readable 
materials (including, but not limited to, 
libraries, source files, header files, and 
data files) and any user manuals, programming 
guides and other documentation provided to 
Licensee by Sun Microsystems, Inc. under this 
Agreement.
2.0 LIMITED LICENSE
Sun Microsystems, Inc. grants to Licensee, a 
non-exclusive, non- transferable, royalty-free 
and limited license to use Licensed Software 
internally for the purposes of evaluation 
only. 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, 
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 Licensee shall have no right to use the 
Licensed Software for productive or commercial 
use.
4.0 NO SUPPORT
Sun Microsystems, Inc. is under no obligation 
to support Licensed Software or to provide 
Licensee with updates or error corrections 
(collectively "Software Updates"). If Sun 
Microsystems, Inc., 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 java-security@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 ninety 
(90) days 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 any 
copies thereof and provide Sun Microsystems, 
Inc. 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; and (ii) 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 is not designed or intended for use   
in the design, construction, operation or 
maintenance of any nuclear facility. Sun 
Microsystems, Inc. disclaims any express or 
implied warranty of fitness for such uses.
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 of internal 
evaluation, 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 Neither party will 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 that 
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.

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Portions of this early access release of JSSE 1.0 include
binary bytecode which is subject to the following notice:

// Copyright (C) 1996 by Jef Poskanzer <jef@acme.com>.  All rights reserved.
//
// Redistribution and use in source and binary forms, with or without
// modification, are permitted provided that the following conditions
// are met:
// 1. Redistributions of source code must retain the above copyright
//    notice, this list of conditions and the following disclaimer.
// 2. Redistributions in binary form must reproduce the above copyright
//    notice, this list of conditions and the following disclaimer in the
//    documentation and/or other materials provided with the distribution.
//
// THIS SOFTWARE IS PROVIDED BY THE AUTHOR AND CONTRIBUTORS ``AS IS'' AND
// ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
// IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
// ARE DISCLAIMED.  IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE
// FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
// DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS
// OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
// HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
// LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
// OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
// SUCH DAMAGE.
//
// Visit the ACME Labs Java page for up-to-date versions of this and other
// fine Java utilities: http://www.acme.com/java/

