Sun Microsystems, Inc. (Sun) SOFTWARE LICENSE AGREEMENT &<br/>ENTITLEMENT for SOFTWARE<br/><br/>THIS ENTITLEMENT EVIDENCES YOUR PURCHASE OF THE LICENSE<br/>RIGHTS FOR THE SUN SOFTWARE INDICATED HEREIN UNDER THE TERMS<br/>OF THE SOFTWARE LICENSE AGREEMENT.
<br/><br/>Capitalized terms not defined in this Entitlement have the<br/>meanings ascribed to them in the Software License Agreement<br/>(SLA). These Entitlement terms supersede any inconsistent<br/>or conflicting terms in the SLA.<br/><br/>Licensee/Compa
ny ("You"): Entity receiving computer<br/>equipment. Effective Date: Date the computer equipment is<br/>delivered to You. Software: The XSCF Control Package (XCP)<br/>firmware containing the following components ? Service<br/>Processor (SP), Power On Self
Test (POST), Open Boot Prom<br/>(OBP) and other related firmware ? distributed with the<br/>computer equipment. Permitted Use: You may use the<br/>Software for Your own Commercial, Individual, and Research<br/>and Instructional Uses only in conjunction w
ith the computer<br/>equipment?s operation. You have no license to use the<br/>Software for any other purpose. License Term: Perpetual<br/>(but subject to termination under the SLA) Licensed Unit:<br/>Software Copy. Licensed Unit Count: Unlimited for the<
br/>Permitted Use.<br/><br/><br/>Additional license information related to third party open<br/>source packages included in the product is available in<br/>APPENDIX E of the SunSPARC? Enterprise<br/>M4000/M5000/M8000/M9000 Servers XSCF User?s Guide<br/><b
r/><br/><br/>Sun Microsystems, Inc. ("Sun") SOFTWARE LICENSE AGREEMENT<br/><br/>READ THE TERMS OF THIS AGREEMENT ("AGREEMENT") CAREFULLY<br/>BEFORE OPENING SOFTWARE MEDIA PACKAGE. BY OPENING SOFTWARE<br/>MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREE
MENT. IF<br/>YOU ARE ACCESSING SOFTWARE ELECTRONICALLY, INDICATE YOUR<br/>ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON<br/>AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF<br/>THE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR
PLACE<br/>OF PURCHASE FOR A REFUND OR, IF SOFTWARE IS ACCESSED<br/>ELECTRONICALLY, SELECT THE "DECLINE" (OR "EXIT") BUTTON AT<br/>THE END OF THIS AGREEMENT. IF YOU HAVE SEPARATELY AGREED TO<br/>LICENSE TERMS ("MASTER TERMS") FOR YOUR LICENSE TO THIS<br/>
SOFTWARE, THEN SECTIONS 1-5 OF THIS AGREEMENT ("SUPPLEMENTAL<br/>LICENSE TERMS") SHALL SUPPLEMENT AND SUPERSEDE THE MASTER<br/>TERMS IN RELATION TO THIS SOFTWARE.<br/><br/>1. Definitions.<br/><br/>(a) "Entitlement" means the collective set of applicable<b
r/>documents authorized by Sun evidencing your obligation to<br/>pay associated fees (if any) for the license, associated<br/>Services, and the authorized scope of use of Software under<br/>this Agreement.<br/><br/>(b) "Licensed Unit" means the unit of me
asure by which your<br/>use of Software and/or Service is licensed, as described in<br/>your Entitlement.<br/><br/>(c) "Permitted Use" means the licensed Software use(s)<br/>authorized in this Agreement as specified in your<br/>Entitlement. The Permitted
Use for any bundled Sun software<br/>not specified in your Entitlement will be evaluation use as<br/>provided in Section 3.<br/><br/>(d) "Service" means the service(s) that Sun or its delegate<br/>will provide, if any, as selected in your Entitlement and
as<br/>further described in the applicable service listings at<br/>www.sun.com/service/servicelist.<br/><br/>(e) "Software" means the Sun software described in your<br/>Entitlement. Also, certain software may be included for<br/>evaluation use under Secti
on 3.<br/><br/>(f) "You" and "Your" means the individual or legal entity<br/>specified in the Entitlement, or for evaluation purposes,<br/>the entity performing the evaluation.<br/><br/>2. License Grant and Entitlement.<br/><br/>Subject to the terms of yo
ur Entitlement, Sun grants you a<br/>nonexclusive, nontransferable limited license to use<br/>Software for its Permitted Use for the license term. Your<br/>Entitlement will specify (a) Software licensed, (b) the<br/>Permitted Use, (c) the license term, an
d (d) the Licensed<br/>Units.<br/><br/>Additionally, if your Entitlement includes Services, then it<br/>will also specify the (e) Service and (f) service term.<br/><br/>If your rights to Software or Services are limited in<br/>duration and the date such r
ights begin is other than the<br/>purchase date, your Entitlement will provide that beginning<br/>date(s).<br/><br/>The Entitlement may be delivered to you in various ways<br/>depending on the manner in which you obtain Software and<br/>Services, for exam
ple, the Entitlement may be provided in<br/>your receipt, invoice or your contract with Sun or<br/>authorized Sun reseller. It may also be in electronic<br/>format if you download Software.<br/><br/>3. Permitted Use.<br/><br/>As selected in your Entitleme
nt, one or more of the<br/>following Permitted Uses will apply to your use of Software.<br/>Unless you have an Entitlement that expressly permits it,<br/>you may not use Software for any of the other Permitted<br/>Uses. If you don't have an Entitlement, o
r if your<br/>Entitlement doesn't cover additional software delivered to<br/>you, then such software is for your Evaluation Use.<br/><br/>(a) Evaluation Use. You may evaluate Software internally<br/>for a period of 90 days from your first use.<br/><br/>(b
) Research and Instructional Use. You may use Software<br/>internally to design, develop and test, and also to provide<br/>instruction on such uses.<br/><br/>(c) Individual Use. You may use Software internally for<br/>personal, individual use.<br/><br/>(d
) Commercial Use. You may use Software internally for<br/>your own commercial purposes.<br/><br/>(e) Service Provider Use. You may make Software<br/>functionality accessible (but not by providing Software<br/>itself or through outsourcing services) to you
r end users in<br/>an extranet deployment, but not to your affiliated companies<br/>or to government agencies.<br/><br/>4. Licensed Units.<br/><br/>Your Permitted Use is limited to the number of Licensed<br/>Units stated in your Entitlement. If you requir
e additional<br/>Licensed Units, you will need additional Entitlement(s).<br/><br/>5. Restrictions.<br/><br/>(a) The copies of Software provided to you under this<br/>Agreement are licensed, not sold, to you by Sun. Sun<br/>reserves all rights not express
ly granted. (b) You may make<br/>a single archival copy of Software, but otherwise may not<br/>copy, modify, or distribute Software. However if the Sun<br/>documentation accompanying Software lists specific portions<br/>of Software, such as header files,
class libraries,<br/>reference source code, and/or redistributable files, that<br/>may be handled differently, you may do so only as provided<br/>in the Sun documentation. (c) You may not rent, lease, lend<br/>or encumber Software. (d) Unless enforcement
is prohibited<br/>by applicable law, you may not decompile, or reverse<br/>engineer Software. (e) The terms and conditions of this<br/>Agreement will apply to any Software updates, provided to<br/>you at Sun's discretion, that replace and/or supplement th
e<br/>original Software, unless such update contains a separate<br/>license. (f) You may not publish or provide the results of<br/>any benchmark or comparison tests run on Software to any<br/>third party without the prior written consent of Sun. (g)<br/>S
oftware is confidential and copyrighted. (h) Unless<br/>otherwise specified, if Software is delivered with embedded<br/>or bundled software that enables functionality of Software,<br/>you may not use such software on a stand-alone basis or use<br/>any por
tion of such software to interoperate with any<br/>program(s) other than Software. (i) Software may contain<br/>programs that perform automated collection of system data<br/>and/or automated software updating services. System data<br/>collected through su
ch programs may be used by Sun, its<br/>subcontractors, and its service delivery partners for the<br/>purpose of providing you with remote system services and/or<br/>improving Sun's software and systems. (j) Software is not<br/>designed, licensed or inten
ded for use in the design,<br/>construction, operation or maintenance of any nuclear<br/>facility and Sun and its licensors disclaim any express or<br/>implied warranty of fitness for such uses. (k) No right,<br/>title or interest in or to any trademark,
se rvice mark,<br/>logo or trade name of Sun or its licensors is granted under<br/>this Agreement.<br/><br/>6. Term and Termination.<br/><br/>The license and service term are set forth in your<br/>Entitlement(s). Your rights under this Agreement will<br/>
terminate immediately without notice from Sun if you<br/>materially breach it or take any action in derogation of<br/>Sun's and/or its licensors' rights to Software. Sun may<br/>terminate this Agreement should any Software become, or in<br/>Sun's reasonab
le opinion likely to become, the subject of a<br/>claim of intellectual property infringement or trade secret<br/>misappropriation. Upon termination, you will cease use of,<br/>and destroy, Software and confirm compliance in writing to<br/>Sun. Sections 1
, 5, 6, 7, and 9-15 will survive termination<br/>of the Agreement.<br/><br/>7. Java Compatibility and Open Source.<br/><br/>Software may contain Java technology. You may not create<br/>additional classes to, or modifications of, the Java<br/>technology, e
xcept under compatibility requirements<br/>available under a separate agreement available at<br/>www.java.net.<br/><br/>Sun supports and benefits from the global community of open<br/>source developers, and thanks the community for its<br/>important contr
ibutions and open standards-based technology,<br/>which Sun has adopted into many of its products.<br/><br/>Please note that portions of Software may be provided with<br/>notices and open source licenses from such communities and<br/>third parties that go
vern the use of those portions, and any<br/>licenses granted hereunder do not alter any rights and<br/>obligations you may have under such open source licenses,<br/>however, the disclaimer of warranty and limitation of<br/>liability provisions in this Agr
eement will apply to all<br/>Software in this distribution.<br/><br/>8. Limited Warranty.<br/><br/>Sun warrants to you that for a period of 90 days from the<br/>date of purchase, as evidenced by a copy of the receipt, the<br/>media on which Software is fu
rnished (if any) will be free<br/>of defects in materials and workmanship under normal use.<br/>Except for the foregoing, Software is provided "AS IS".<br/>Your exclusive remedy and Sun's entire liability under this<br/>limited warranty will be at Sun's o
ption to replace Software<br/>media or refund the fee paid for Software. Some states do<br/>not allow limitations on certain implied warranties, so the<br/>above may not apply to you. This limited warranty gives you<br/>specific legal rights. You may have
others, which vary from<br/>state to state.<br/><br/>9. Disclaimer of Warranty.<br/><br/>UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED<br/>CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY<br/>IMPLIED WARRANTY OF MERCHANTABILITY, FIT
NESS FOR A<br/>PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED,<br/>EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE<br/>LEGALLY INVALID.<br/><br/>10. Limitation of Liability.<br/><br/>TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL
SUN OR<br/>ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR<br/>DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR<br/>PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF<br/>LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR<
br/>INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF<br/>THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun's<br/>liability to you, whether in contract, tort (including<br/>negligence), or otherwise, exceed the amount paid by you for<br/>Soft
ware under this Agreement. The foregoing limitations<br/>will apply even if the above stated warranty fails of its<br/>essential purpose. Some states do not allow the exclusion<br/>of incidental or consequential damages, so some of the terms<br/>above may
not be applicable to you.<br/><br/>11. Export Regulations.<br/><br/>All Software, documents, technical data, and any other<br/>materials delivered under this Agreement are subject to U.S.<br/>export control laws and may be subject to export or import<br/
>regulations in other countries. You agree to comply<br/>strictly with these laws and regulations and acknowledge<br/>that you have the responsibility to obtain any licenses to<br/>export, re-export, or import as may be required after<br/>delivery to you.
<br/><br/>12. U.S. Government Restricted Rights.<br/><br/>If Software is being acquired by or on behalf of the U.S.<br/>Government or by a U.S. Government prime contractor or<br/>subcontractor (at any tier), then the Government's rights in<br/>Software an
d accompanying documentation will be only as set<br/>forth in this Agreement; this is in accordance with 48 CFR<br/>227.7201 through 227.7202-4 (for Department of Defense (DOD)<br/>acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD<br/>acquisitio
ns).<br/><br/>13. Governing Law.<br/><br/>Any action related to this Agreement will be governed by<br/>California law and controlling U.S. federal law. No choice<br/>of law rules of any jurisdiction will apply.<br/><br/>14. Severability.<br/><br/>If any p
rovision of this Agreement is held to be<br/>unenforceable, this Agreement will remain in effect with the<br/>provision omitted, unless omission would frustrate the<br/>intent of the parties, in which case this Agreement will<br/>immediately terminate.<br
/><br/>15. Integration.<br/><br/>This Agreement, including any terms contained in your<br/>Entitlement, is the entire agreement between you and Sun<br/>relating to its subject matter. It supersedes all prior or<br/>contemporaneous oral or written communic
ations, proposals,<br/>representations and warranties and prevails over any<br/>conflicting or additional terms of any quote, order,<br/>acknowledgment, or other communication between the parties<br/>relating to its subject matter during the term of this<
br/>Agreement. No modification of this Agreement will be<br/>binding, unless in writing and signed by an authorized<br/>representative of each party.<br/><br/>Please contact Sun Microsystems, Inc. 4150 Network Circle,<br/>Santa Clara, California 95054 if
you have questions. 4150<br/>Network Circle, Santa Clara, California 95054 if you have<br/>questions. ion of this Agreement will be binding, unless in<br/>writing and signed by an authorized representative of each<br/>party. Please contact Sun Microsystem