Pre-Release

Software Evaluation Agreement

SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE JAVA (TM) WEB START,
VERSION 1.2 PRE-RELEASE SOFTWARE TO LICENSEE ONLY UPON THE CONDITION THAT LICENSEE
ACCEPTS ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT ("AGREEMENT"). PLEASE
READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY. BY INSTALLING THIS
SOFTWARE, LICENSEE ACCEPTS THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT,
INDICATE ACCEPTANCE BY SELECTING THE "ACCEPT" BUTTON AT THE BOTTOM OF THIS
AGREEMENT. IF LICENSEE IS NOT WILLING TO BE BOUND BY ALL THE TERMS, SELECT THE
"DECLINE" BUTTON AT THE BOTTOM OF THE AGREEMENT AND THE INSTALLATION PROCESS WILL
NOT CONTINUE.

1.0 DEFINITIONS
"Licensed Software" means the Java Web Start, Version 1.2 Pre-Release Software in
binary and source code forms, 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 view the source code portions of the Licensed
Software and use the binary code portions of the 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, except for one (1) copy of
Licensed Software and only for archival purposes. Licensee agrees to reproduce all
copyright and any 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, 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 Licensed Software may only be used at the location identified above.
3.5 Licensee shall have no right to use the Licensed Software for productive or
commercial use.

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 alias: javawebstart-
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 sixty (60) days from the Effective
Date, unless terminated earlier as provided herein.
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, any copies thereof and provide to 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) Licensee's feedback based on
Licensed Software; and (iii) the terms, conditions, and existence of this
Agreement. Licensee may not disclose or use Confidential Information, except for
the purposes specified in this Agreement. Licensee will protect the Confidential
Information with the same degree of care, but not less than a reasonable degree of
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 Sun trade secrets.
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 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, licensed, or intended for use in the design, construction, operation or
maintenance of any nuclear facility ("High Risk Activities"). Sun disclaims any
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 may be experimental and 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 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 RESTRICTED RIGHTS

10.1 If this 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 the Software and accompanying documentation shall be only as
set forth in this license; this is in accordance with 48 C.F.R. 227.7202-4 (for
Department of Defense (DOD) acquisitions) and with 48 C.F.R. 2.101 and 12.212 (for
non-DOD acquisitions).

11.0 GENERAL TERMS

11.1 Any action relating to or arising out of 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#113567/Form ID#011801)