Users Guide

more Modification(s) You may add your name as a Contributor to the copyright portion of the notice above. You must also
duplicate this Agreement in any documentation for the Source Code where You describe recipients' rights or ownership rights
relating to Covered Code. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations
to one or more recipients of Covered Code. However, You may do so only on Your own behalf, and not on behalf of BEA or any
other Contributor. You must make it absolutely clear than any such warranty, support, indemnity or liability obligation is offered
by You alone, and You hereby agree to indemnify BEA and every other Contributor for any liability incurred by BEA or such other
Contributor as a result of warranty, support, indemnity or liability terms You offer. 3.4. Distribution of Executable Versions. You
may choose to distribute Covered Code in Executable form under its own license agreement, provided that: (a) You comply with
the terms and conditions of this Agreement; and (b) Your license agreement: (i) effectively disclaims on behalf of all
Contributors all warranties and conditions, express and implied, including warranties or conditions of title and non-infringement,
and implied warranties or conditions of merchantability and fitness for a particular purpose; (ii) effectively excludes on behalf of
all Contributors all liability for damages, including direct, indirect, special, incidental and consequential damages, such as lost
profits; (iii) states that any provisions which differ from this Agreement are offered by that Contributor alone and not by any
other party; and (iv) states that Source Code for the Covered Code is available from such Contributor, and informs licensees
how to obtain it in a reasonable manner on or through a medium customarily used for software exchange. (c) You do not use
any marks, brands or logos associated with the JCP Specification, or otherwise promote or market any Covered Code, as being
compatible, compliant, conformant or otherwise consistent with the Specification unless such product passes, in accordance
with the documentation (including the TCK Users Guide, if any), the most current TCK applicable to the latest version of the
Specification and available from BEA one hundred twenty (120) days before FCS of such version of the product; provided,
however, that if You elect to use a version of the TCK also provided by BEA that is newer than that which is required under this
Section 2.1(b)(v), then You agree to pass such TCK. 3.5. Distribution of Source Code Versions. When You make Covered Code
available in Source Code form: (a) it must be made available under this Agreement; and (b) a copy of this Agreement must be
included with each copy of the Covered Code. You may not remove or alter any copyright notices contained within the Covered
Code. Each Contributor must identify itself as the originator of its contribution to the Covered Code, if any, in a manner that
reasonably allows subsequent licensees to identify the originator of each portion of the Covered Code. 4.0 DISCLAIMER OF
WARRANTY. COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS'' BASIS, WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS
FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO
THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE
DEFECTIVE IN ANY RESPECT, YOU (NOT BEA OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY
SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS
LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. 5.0
TERMINATION. 5.1. This Agreement and the rights granted hereunder will terminate automatically if You fail to comply with
terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses to the Covered Code
which are properly granted shall survive any termination of this Agreement. Provisions which, by their nature, must remain in
effect beyond the termination of this Agreement shall survive. 5.2. If You initiate litigation by asserting a patent infringement
claim (excluding declaratory judgment actions) against BEA or a Contributor (BEA or Contributor against whom You file such
action is referred to as "Participant") alleging that: (a) such Participant's Covered Code directly or indirectly infringes any
patent, then any and all rights granted by such Participant to You under Sections 2.0of this Agreement shall, upon 60 days
notice from Participant terminate prospectively, unless if within 60 days after receipt of notice You either: (i) agree in writing to
pay Participant a mutually agreeable reasonable royalty for Your past and future use of Modifications made by such Participant,
or (ii) withdraw Your litigation claim with respect to the Covered Code against such Participant. If within 60 days of notice, a
reasonable royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not
withdrawn, the rights granted by Participant to You under Section 2.0 automatically terminate at the expiration of the 60 day
notice period specified above. (b) any software, hardware, or device, other than such Participant's Covered Code, directly or
indirectly infringes any patent, then any rights granted to You by such Participant under Sections 2.0 are revoked effective as of
the date You first made, used, sold, distributed, or had made, Modifications made by that Participant. 5.3. If You assert a patent
infringement claim against Participant alleging that such Participant's Covered Code directly or indirectly infringes any patent
where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the
reasonable value of the licenses granted by such Participant under Sections 2.0 shall be taken into account in determining the
amount or value of any payment or license. 5.4. In the event of termination under Sections 5.1 or 5.2 above, all end user license
agreements (excluding distributors and resellers) which have been validly granted by You or any distributor hereunder prior to
termination shall survive termination. 6.0 LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOUBEA, ANY OTHER
CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO
ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR
DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. 7.0 U.S. GOVERNMENT
END USERS. The Covered Code is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of
"commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R.
12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S.
Third party licenses
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