
                                Pre-Release
                    Binary Software Evaluation Agreement

SUN IS WILLING TO LICENSE JAVA IMAGE I/O API PRE-RELEASE SOFTWARE 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 "DECLINE" BUTTON AT THE BOTTOM  OF THIS PAGE
AND THE INSTALLATION PROCESS WILL NOT CONTINUE.

1.0 DEFINITIONS
"Licensed Software" means the Java Image I/O API Pre-release Software  in
binary form, 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-imageio-comments@eng.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
8.1Licensee acknowledges that Licensed Software may contain errors and is
not designed 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 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 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.
227.7201 through 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 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.
