BEA Systems, Inc.

Binary License Agreement

JSR-173___________ 


1. License to Use. BEA Systems, Inc. ("BEA") grants you a non-exclusive and non-transferable license for the internal use only of the accompanying software and documentation  provided by BEA for the Streaming API for XML ( the "Software"), including, but not limited to the right to reproduce and use the Software internally for the purpose of testing an implementation of the JSR-173 specification. 


2.  Restrictions. the Software is confidential to BEA and protected by Copyright and other bodies of law protecting intellectual property rights. Title to the Software and all associated intellectual property rights is retained by BEA and/or its licensors. Except as specifically authorized in Section 1, above, you may not make copies of the Software. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer the Software. No right, title or interest in or to any trademark, service mark, logo or trade name of BEA or its licensors is granted under this Agreement.  the Software is not designed, licensed or intended for use in the design, construction, operation or maintenance of any nuclear facility, nor may you use it for such purposes.

3.  DISCLAIMER OF WARRANTY. THE SOFTWARE IS PROVIDED "AS IS," WITHOUT WARRANTY.  ALL WARRANTIES, EXPRESS OR IMPLIED, CONDITIONS, AND REPRESENTATIONS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED.

4.  Limitation of Liability. In no event will BEA or its Licensors be liable for any lost revenue, profits or data, or for special, incidental, consequential or other indirect damages, or for punitive damages, however caused, regardless of the theory of liability, arising out of or related to the Software or this Agreement, even if BEA has been advised of the possibility of such loss. In no event will BEA's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for the Software hereunder.


5.  Termination; No Obligation to Support. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of the Software. Either party may terminate this Agreement immediately should the Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right. This Agreement will terminate immediately without notice from BEA if you fail to comply with any provision of this Agreement. Upon Termination, you must destroy all copies of the Software. BEA may at any time discontinue offering the Software or any particular version thereof.  BEA shall have no obligation to provide support, updates, patches, bug fixes or other enhancements for the Software or any particular version thereof.


6.  Export Regulations. the Software is subject to US export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you.


7.  U.S. Government Restricted Rights. If the Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government contractor, then the Government's rights in the Software and accompanying documentation shall be only as set forth in this Agreement 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).


8.  Governing Law. Any action related to this Agreement will be governed by the laws of the state of California. Any legal action in any way arising out of or related to the Software or this Agreement may be brought exclusively in the state of federal courts located in San Jose, California.  By accepting this Agreement, you are consenting to the exclusive jurisdiction of these courts.


9.  Severability. If any provision of this Agreement is held to be unlawful or unenforceable, or otherwise invalid, this Agreement will remain in effect with the invalid provisions omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.


10.  Complete Agreement. This Agreement is the entire agreement between you and BEA relating to the subject matter hereof. It supersedes all prior or contemporaneous oral or written communications, proposals, 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. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.