Pre-Release Software Evaluation Agreement

SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE JAVA(TM) 2
PLATFORM STANDARD EDITION RUNTIME ENVIRONMENT 5.0 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 DOWNLOADING
OR 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 DOWNLOAD OR INSTALL PROCESS WILL
NOT CONTINUE.

1.0 DEFINITIONS

"Licensed Software" means the  Java 2 Platform Standard Edition Runtime
Environment 5.0 (JRE) pre-release software in binary and/or source code
forms, any other machine readable materials (including, but not limited
to, libraries, source files, header files, and data files), Feedback
(as defined in Section 5.0), any user manuals, programming guides and
other documentation provided to Licensee by Sun under this Agreement.

2.0 LIMITED LICENSE

2.1 Source Code. Sun grants to Licensee, a non-exclusive,
non-transferable, royalty-free and limited license to view the source
code portions of the Licensed Software internally for the purposes of
evaluation only.

2.2 Binary Code.   Sun grants to Licensee, a non-exclusive,
non-transferable, royalty-free and limited license to use the binary
code portions of the Licensed Software internally for the purposes of
evaluation only.

2.3 No licenses are granted to Licensee for any other purposes,
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 Licensed Software is "Confidential Information".  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, as Licensee uses to protect
its own Confidential Information.

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 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 Software for use in Licensee's
software environment and provide feedback to Sun in a manner reasonably
requested by Sun. Any and all test results, error data, reports or
other information, feedback or materials made or provided by Licensee
relating to Software (collectively, "Feedback") are the exclusive
property of Sun and Licensee hereby assigns all Feedback to Sun at no
cost to Sun. Sun may use such Feedback in any manner and for any
purpose, without limitation, liability or obligation to Licensee.

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
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, upon Sun's request, 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 DISCLAIMER OF WARRANTY

7.1 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.

7.2 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.

8.0 LIMITATION OF LIABILITY

8.1 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.

8.2 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 Sun has been
previously advised of the possibility of such damage.

9.0 U.S. GOVERNMENT RESTRICTED RIGHTS

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).

10.0 GENERAL TERMS

10.1 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.

10.2 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.

10.3 It is understood and agreed that, notwithstanding any other
provision of this Agreement, Licensee's breach 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.

10.4 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.

10.5 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, including any Binary Code
Licenses, Supplemental Terms, or other licenses contained within
Licensed Software.  No modification to this Agreement will be binding,
unless in writing and signed by an authorized representative of each
party.

(LFI#141443/Form ID#011801)

