FREEBSD FOUNDATION Diablo Version 1.6.0-0 (Software) OEM LICENSE AGREEMENT IMPORTANT LEGAL NOTICE CONCERNING SUN MICROSYSTEMS, INC. (Sun) JAVA STANDARD EDITION (JSE) TECHNOLOGY: There are certain branding and other requirements associated with your commercial use and redistribution of JSE that You must fulfill. You will need to sign a Trademark License Agreement with Sun. In addition, if you are interested in using the combined FreeBSD and JSE technology in a field-of-use other than "Java-enabled general purpose desktop computers and general purpose servers", you will need to sign an additional commercial use license with Sun permitting redistribution in the desired field of use. Before downloading the Software, you must review and comply with the terms and conditions set forth in the Sun Licensed Rights Notice, which is attached as Exhibit A. * * * You must be an OEM to download this Software. An OEM is a person who will download the Software and bundle it with other software before distributing the bundled product to its end users. You must have obtained a current Trademark License Agreement from Sun before downloading the Software. By pressing the ACCEPT button below you may continue your download, which is your representation and warranty that you have signed Suns Trademark License Agreement and (if applicable) an additional commercial use license with Sun. By completing your download you also agree to be bound by all of the terms of this License Agreement. IMPORTANT READ CAREFULLY: This OEM License Agreement (Agreement) is a legal agreement between you (in your capacity as an individual and as an agent for your company, institution, or other entity) and the FreeBSD Foundation (Foundation). Accessing, downloading, installing, using or copying of the Software (as hereafter defined) by you or a third party on your behalf indicates your agreement to be bound by the terms and conditions of this Agreement. If you do not agree to these terms and conditions, do not access, download, install, use or copy the Software. In the absence of this Agreement, you have no rights in the Software. 1. LICENSE GRANT. (a) Subject to all third party intellectual property claims and without warranty of any nature, Foundation hereby grants to you, and you hereby accept, a non-exclusive license (License) to: (i) download, install and use one copy of the Software in binary executable form on a single computer system located on your premises; (ii) use the Software in binary executable form to create or develop other software products; (iii) distribute and sublicense the Software to third parties in binary executable form, as an integrated component of another software product, only for use as an integrated component of that software product, and subject to the terms of this Agreement; (iv) to download and/or use one copy of the related materials provided by Foundation (Related Materials) in electronic format and/or hard copy format; and (v) distribute and sublicense the Related Materials in electronic and/or hard copy format in conjunction with the distribution of the Software as provided in this Agreement; all subject to the following terms and conditions: (i) you may not distribute any copies of the Software to third parties except in binary executable form, as an integrated component of another software product, only for use as an integrated component of that software product, and subject to the terms of this Agreement; (ii) you may not distribute copies of the Related Materials to third parties except in conjunction with the distribution of the Software in binary executable form as an integrated component of another software product; (iii) you agree to take reasonable precautions to prevent other parties from reverse engineering, decompiling, or disassembling your copy of the Software; (iv) you may not rent, lease, or lend the Software or the Related Materials; and (v) in the event that you breach any of the terms of this Agreement, Foundation may terminate the License and you must destroy all copies of the Software and Related Materials. (b) Subject to the terms and conditions of this Agreement, you may create a hyperlink between an Internet website owned and controlled by you and the Foundations website, which hyperlink describes in a fair and accurate manner where the Software may be obtained, provided that you do not frame the Website or otherwise give the false impression that Foundation is somehow associated with, or otherwise endorses or sponsors your website. Any goodwill associated with such hyperlink shall inure to the sole and exclusive benefit of Foundation. Other than the creation of such hyperlink, nothing in this Agreement shall be construed as conferring upon you any right to make any reference to Foundation or to its trademarks, service marks or any other indicia of origin owned by Foundation, or to indicate in any way that your products or services are in any way sponsored, approved, endorsed by or affiliated with Foundation. 2. RIGHTS RESERVED. (a) This License does not grant you any right to enhancements or updates to, or support or maintenance for, the Software or any modifications made by Foundation; (b) Foundation is free to license the Software on terms different from those contained herein; (c) Foundation and its licensors hereby expressly reserve all rights in the Software which are not expressly granted to you under the License; and, without limiting the generality of the foregoing, Foundation and its licensors retain all title, copyright, and other intellectual property and proprietary rights in the Software and any copies thereof, and you do not acquire any rights, express or implied, other than those expressly set forth in this Agreement. 3. COPYRIGHT. You hereby acknowledge and agree that the Software is protected by United States copyright law and international treaty provisions. You must reproduce all copyright notices, trademark notices and other proprietary notices of Foundation and its licensors on any copies of the Software and Related Materials and you must not remove such notices; 4. MAINTENANCE AND SUPPORT. Foundation is under no obligation whatsoever to provide maintenance or support for the Software or to notify you of bug fixes, patches, or upgrades to the features, functionality or performance of the Software (Enhancements) (if any), whether developed by Foundation or others. If, in its sole discretion, Foundation makes an Enhancement available to you and does not enter into a separate written license agreement with you relating to such Enhancement, then that Enhancement will be deemed incorporated into the Software and subject to this Agreement. 5. WARRANTY DISCLAIMER. THE SOFTWARE IS PROVIDED TO YOU AS IS WITHOUT WARRANTY OF ANY TYPE OR NATURE, AND FOUNDATION AND ITS LICENSORS HEREBY EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, FOUNDATION AND ITS LICENSORS EXPRESSLY DISCLAIM ANY LIABILITY FOR THE ACCURACY, COMPLETENESS OR USEFULNESS OF THE SOFTWARE AND DO NOT WARRANT THAT THE SOFTWARE WILL FUNCTION UNINTERRUPTED, THAT IT IS ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO ANY DEFECTS OR INACCURACIES THEREIN. 6. LIMITATION OF LIABILITY. IN NO EVENT SHALL FOUNDATION OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF DATA, FOR ANY REASON WHATSOEVER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, EVEN IF FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IN NO EVENT SHALL FOUNDATIONS LIABILITY FOR DAMAGES ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE GREATER OF $500 OR THE AMOUNT PAID BY YOU FOR THE SOFTWARE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE COMPLETE EXCLUSION OR LIMITATION OF LIABILITY OF CLAIMS AND DAMAGES AS SET FORTH IN THIS AGREEMENT, FOUNDATIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. 7. INDEMNIFICATION. You shall defend, indemnify and hold harmless Foundation and its licensors and their respective directors, officers, agents, employees and volunteers from and against any and all claims, suits, losses, damages, costs, fees and expenses arising out of or in connection with this Agreement. You shall pay all costs incurred by Foundation in enforcing this provision, including reasonable attorneys fees and court costs. You agree that under no circumstances will Foundation indemnify you or any other person. 8. TERM AND TERMINATION. The License will continue perpetually unless terminated by Foundation in accordance with this Agreement. If you breach any term of this Agreement and failure to cure such breach within thirty (30) days after receipt of written notice specifying the breach, this Agreement shall automatically terminate. Upon the termination of this Agreement, you shall immediately cease using the Software and provide Foundation with written certification of your compliance with the foregoing. The termination of this Agreement shall not relieve you of your obligations arising prior to such termination. Notwithstanding any provision in this Agreement to the contrary, Sections 5 through 7 shall survive the termination of this Agreement. 9. EXPORT CONTROLS. You shall observe all applicable United States and foreign laws and regulations (if any) with respect to the export, re-export, diversion or transfer of the Software, related technical data and direct products thereof, including, but not limited to the Export Administration Regulations. 10. THIRD PARTY SOFTWARE. You acknowledge and agree that the Software includes Java Standard Edition (the Technology) and you agree to be bound by the terms of the Sun Community Source License (Copyright 1994-2006 Sun Microsystems, Inc. All rights reserved). You also represent and warrant that you have obtained all appropriate trademark and other licenses from Sun. You also agree to install and use the Software on a product which (i) has a principle purpose that is substantially different from that of the stand-alone Technology; (ii) represents a significant functional and value enhancement to the Technology; (iii) operates in conjunction with the Technology; and (iv) is not marketed as a technology which replaces or substitutes for the Technology. In addition, you must brand your product with the applicable Java logo. 11. GENERAL. You shall not assert against Foundation or its licensors any claim for infringement or misappropriation of any intellectual property rights in any way relating to the Software. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of California, excluding its rules governing conflicts of laws. In the event that any provision of this Agreement is deemed illegal or unenforceable, Foundation may, but is not obligated to, post on the Website a new version of this Agreement which, in Foundations opinion, reasonably preserves the intent of this Agreement. This Agreement is binding upon and shall inure to the benefit of Foundation and its successors and assigns. This Agreement represents the entire understanding of the parties, and superceded all previous communications, written or oral, relating to the subject of this Agreement. Exhibit A Dear Valued Customer, Thank you for choosing the Java Standard Edition platform technology (Java SE) with your FreeBSD Operating Environment (FreeBSD). Your license with FreeBSD and Sun Microsystems, Inc. (Sun) currently only permits you to use and distribute the FreeBSD and Java SE technologies within a limited, non-commercial field of use. In an effort to maximize your options for both platforms, the FreeBSD Foundation and Sun want to share with you the process for enabling you to make commercial use of the the FreeBSD and Java SE technologies in a broader field if you so desire. I. Current Field of Use for Java SE You may currently redistribute the combined FreeBSD and Java SE technologies so long as it is bundled with or integrated in Java-enabled general purpose desktop computers and servers, pursuant to your license with FreeBSD Foundation and you have executed a Trademark License with Sun (see Section III below). You may not distribute Java SE in any other devices or fields of use, including, without limitation, embedded applications, embedded devices, cell phones, wireless devices, TV devices, telematics devices and home gateway devices. II. Additional Fields of Use Commercial Use If you are interested in using the combined FreeBSD and Java SE technology in a field-of-use other than "Java-enabled general purpose desktop computers and general purpose servers", you will need to sign an additional commercial use license with Sun permitting redistribution in the desired field of use. There are fees associated with the commercial use license. In order to obtain the additional license for review and execution, please send an email to Freebsd_Sun_Info@sun.com with the following information: Name of the company; Name, Title, Contact information of the person that will execute the license, field-of use of the product, name of the product. After you receive confirmation from a Sun representative, you will receive the commercial license agreement permitting the additional field of use for Java SE. Please review, sign and send two originals of this agreement to your Sun representative. III. Trademark Licensee There are certain branding requirements associated with your use and distribution of Java SE that You must fulfill. You will also need to sign a Trademark License Agreement with Sun. There are no additional fees associated with the Trademark License Agreement. In order to obtain the Trademark License Agreement for review and execution, lease send an email to Freebsd_Sun_Info@sun.com with the following information: Name of the company; Name, Title, Contact information of the person that will execute the license, field-of use of the product, name of the product. After you receive confirmation from a Sun representative, you will receive the Trademark License Agreement. Please review, sign and send two originals of the Trademark License Agreement to your Sun representative. Thank you for your attention regarding this matter. Sincerely, FreeBSD Foundation