1. Acceptance of Terms

1.1 Read these sun.com Terms of Use ("Terms") carefully before You ("You") accept these Terms by: (a) selecting the "Accept" button at the end of the Terms, (b) placing an order through sun.com, or (c) otherwise using the sun.com website ("Website"). If You do not agree to all of these terms, select the "Decline" button at the end of the Terms, or do not use this Website.

1.2 The Terms are entered into by and between Sun Microsystems, Inc. ("Sun") and You. Sun provides the SunStore^SM, My Sun^SM, My Sun Centers, and other on-line resources accessible via sun.com (the "Services") to You, subject to the Terms. Unless explicitly stated otherwise, the Terms will govern Your use of any new features that augment or enhance the current Services, including the release of new Sun resources. In addition to the Terms, the Sun Standard Sales Terms apply to purchases You make through the SunStore, unless You have currently in effect a separate written purchase or license agreement with Sun, in which case that separate purchase agreement governs. If there is a conflict between: (a) these Terms, and (b) either the Sun Standard Sales Terms or other applicable purchase or license agreement, the latter prevail.

2. Your Obligations

In consideration of Your use of the Services, You agree to be solely responsible for: (a) providing true, accurate, current, and complete information about You as prompted by the Service's registration form (the "Registration Data"), and (b) maintaining and promptly updating the Registration Data to keep it true, accurate, current and complete. You are solely responsible for the security of your password. If You provide any information that is false, inaccurate, out of date, or incomplete, or Sun has reasonable grounds to suspect that such information is false, inaccurate, not current, or incomplete, Sun may suspend or terminate Your account (as described in Section 9) and refuse any and all current or future use of the Services (or any portion thereof). Sun agrees to make reasonable efforts to implement Your requested changes, additions, or deletions to Registration Data within one (1) business day of receipt of such written information. You are responsible for all costs and charges, including without limitation, phone charges and telecommunications equipment, that You incur in order to use the Services.

3. Confidentiality of Sun Information

In order to gain access to the Services, You agree to these confidentiality provisions:

3.1 You acknowledge that You may obtain direct access to certain Sun confidential information via the Website, including Sun databases containing confidential information of Sun and its suppliers, such as technical, marketing, and other valuable information ("Information"). You must hold Information in strict confidence and may provide Information to Your employees only on a need-to-know basis. You may use the Information from the Website solely for the purpose of purchasing, maintaining and supporting Your Sun products and equipment. Title to Information remains with Sun and its suppliers. You agree, either as an individual or on behalf of Your employer, to be bound by the provisions of this Section 3. Furthermore, if You are acting on behalf of Your employer, Your employer agrees to indemnify You for violations of this Section 3.

3.2 You do not acquire any rights in Information, except the limited right to use Information as described above.

3.3 Any breach of the Terms will result in irreparable harm to Sun for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Sun will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Sun seeks such an injunction.

3.4 Your obligations regarding Information expire five (5) years after the date of disclosure. Upon termination of the Terms or Sun's written request, You must cease use of Information and return or destroy all Information.

3.5 The Terms impose no obligation upon You with respect to Information that You can establish by legally sufficient evidence: (a) You possessed, or knew, prior to Your receipt from Sun, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by You, or otherwise without violation of the Terms; (c) You obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) You independently developed without the use of Information and without the participation of individuals who have had access to Information, or (e) in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to Sun adequate to afford Sun the opportunity to object to the disclosure.

4. Your Conduct

4.1 You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that You, and not Sun, are entirely responsible for all Content that You upload, post or otherwise transmit via the Services. Sun does not control the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, You may be exposed to Content that is offensive, indecent or objectionable.

4.2 While it is not our intent to monitor Your online communications, Sun reserves the right to edit or remove content that we become aware of and determine to be harmful, offensive or otherwise in violation of these Terms. Violation of these restrictions ("Restrictions") may also result in the termination or suspension of your account. These Restrictions apply to all content provided to or through the Services, including email messages, newsgroup postings, chat, and personal or business web pages.

4.3 You agree not to post or store on sun.com or any of its affiliated sites any Content that violates or infringes anyone's intellectual property rights (including copyrights, trademarks, trade secrets, patents, publicity rights or (to the extent protectable) confidential ideas) or that is obscene, obscene as to minors, child pornography, defamatory, racist, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable ("Objectionable").

4.4 You agree not to use the Services in any way for spamming or to transmit chain letters, junk email or bulk communications. You agree not to transmit through the Services any Material that is Objectionable. You agree not to use any Sun domain name as a pseudonymous return email address for any communications that You transmit from another location or through another service; and You may not pretend to be someone else¾or spoof their identity¾when using the Services. Furthermore, You agree not to transmit unsolicited or bulk communications to any Sun account holder or to any sun.com or affiliated email address (regardless of whether You use the Services to transmit any such communication).

4.5 You agree not to use the Services for any unlawful activities not otherwise covered above, including (without limitation) attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making direct threats of physical harm. Additionally, You agree not to use the Services to:

(a) impersonate any person or entity, including, but not limited to, a Sun official, My Sun Center leader, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

(b) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services or develop hidden pages or images (those not linked to sun.com from another accessible page);

(c) upload, post or otherwise transmit any Content that You do not have a right to transmit to the public under any law or under contractual or fiduciary relationships (such as inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(d) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(e) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

(f) intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law;

(g) collect or store personal data about other users;

(h) use Your My Sun account as storage for remote loading or as a door or signpost to another home page, whether inside or beyond sun.com.

5.1 Sun does not claim ownership of the Content You place on Your My Sun Center or any other part of sun.com. By submitting Content to Sun for inclusion on a My Sun Center or for elsewhere on sun.com, You grant Sun a worldwide, royalty-free, and nonexclusive license to reproduce, modify, distribute, transmit, display, perform, adapt, and publish the Content (including in digital form) solely for the purpose of displaying, distributing, and promoting the My Sun Center and sun.com.

5.2 You acknowledge that Sun does not pre-screen Content, but that Sun and its designees have the right (but not the obligation) in their sole discretion to block or restrict access to or the availability of, or to disable, any Content that is available via the Services. Without limiting the foregoing, Sun and its designees may disable, restrict access to or the availability of, any Content that violates the Terms or is otherwise objectionable. You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

5.3 Unless otherwise explicitly stated, herein, or in sun.com's Privacy Policy, any Materials provided by You in connection with this Website shall be deemed to be provided on a nonproprietary and nonconfidential basis. Sun shall have no obligation of any kind with respect to such Materials and shall be free to use or disseminate such Materials on an unrestricted basis for any purpose. You acknowledge that You are responsible for the Materials that You submit, and You, not Sun, have full responsibility for the Materials, including their legality, reliability, appropriateness, originality and copyright.

6. Delivery of Email

Sun will attempt to deliver all of the email that is addressed to your email address on Sun's Services. However, sometimes someone who may or may not be a subscriber to Sun's Services may attempt to relay large numbers of email messages, in bulk, off of or through one of our servers. Sun reserves the right to discard that bulk relay email because it is an unauthorized use of our equipment. Any email addressed to you in care of Sun's Services that is included in that bulk relay email may not be delivered to you.

7. Spam Email and Postings

You agree that Sun would be irreparably harmed by the use, by You or others, of Sun's Services or facilities in connection with the transmission of spam newsgroup postings or unsolicited email in violation of these Terms, and that Sun is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). Sun reserves the right to block, filter or delete unsolicited email.

8. Indemnity

You agree to indemnify and hold Sun, and its subsidiaries, affiliates, officers, agents, co-branders, alliance members, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your Content, Your use of the Services, including any use by Your employees (including as described in Section 3.1), Your connection to the Services, Your violation of the Terms, or Your violation of any rights of another.

9. Notices; Modification and Termination of Services

Sun may send notices to You via either email or regular mail. The Services may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to You generally on the Services. Sun reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Sun may make changes to the SunStore, including regarding products, services, programs, and prices, at any time without notice. Sun, in its sole discretion, may terminate Your password, My Sun account, My Sun Center, use of the Services or use of any other Sun service, and remove and discard any Content within the Services, for any reason, including, without limitation, for lack of use or if Sun believes that You have violated or acted inconsistently with the letter or spirit of the Terms. Any termination of Your access to the Services under any provision of the Terms may be effected without prior notice, and Sun may immediately de-activate or delete Your My Sun account or My Sun Center and all related information and files in Your My Sun account or My Sun Center and/or bar any further access to such files or the Services. Further, Sun will not be liable to You or any third-party for any termination, modification, or suspension of the Services.

10. Advertisements and Promotions

Sun runs advertisements and promotions from third parties on the Services, sun.com and Sun's other Internet properties. The manner, mode and extent of advertising by Sun on Your My Sun account or My Sun Center is subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Sun found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. Sun is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Sun advertisers on the Services.

11. Links

11.1 The Services may provide, or third parties may provide, links to other Internet sites or resources. Because Sun has no control over such sites and resources, You acknowledge and agree that Sun is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. Sun will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

11.2 This Website may be linked to other websites which are not under the control of and are not maintained by Sun. Sun is not responsible for the content of those sites. Sun is providing these links to You only as a convenience, and the inclusion of any link to such sites does not imply endorsement by Sun of those sites.

11.3 Reuters content on sun.com is the intellectual property of Reuters Limited. Any copying, republication or redistribution of Reuters content, including by caching, framing, or similar means, is expressly prohibited without the prior written consent of Reuters. Data is provided for information purposes only, and is not intended for trading purposes. Reuters shall not be liable for any errors or delays in content, or for any actions taken in reliance thereon. Reuters, the Reuters Dotted Logo and the Sphere Logo are registered trademarks of the Reuters group of companies around the world.

12. Sun Proprietary Rights

12.1 The Services and any software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Content contained in third-party advertisements or information presented to You through the Services or advertisers is protected by copyrights, trademarks, service marks, patents, publicity rights, or other proprietary rights and laws. Except as expressly authorized by Sun or advertisers, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part.

12.2 You must not modify, decompile, or reverse engineer any Software Sun discloses to You, and must not remove, overprint, or deface any notice of copyright, trademark, logo, legend, or other notice of ownership from any originals or copies of Software or Information from the Services.

12.3 "Sun Trademarks" means all names, marks, brands, logos, designs, trade dress and other designations Sun uses in connection with Products or Services. Customer may refer to Products and Services by the associated Sun Trademarks, provided that such reference is truthful and not misleading and complies with the then current Sun Trademark and Logo Policies, which are located at http://www.sun.com/policies/trademarks. Customer may not remove or alter any Sun Trademarks, nor may it co-logo Products or material associated with Customer's services. Customer acknowledges Sun's rights in Sun Trademarks and agrees that any and all use of Sun Trademarks by Customer shall inure to the sole benefit of Sun. Customer agrees not to incorporate any Sun Trademarks into Customer's trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations.

13. Disclaimer of Warranties

13.1 YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND INFORMATION (AS DEFINED IN SECTIONS 1.2 AND 3.1) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. UNLESS OTHERWISE EXPLICITY STATED, THE MATERIALS ON THE WEBSITE ARE PROVIDED "AS IS", ARE EXPERIMENTAL, AND ARE FOR COMMERCIAL USE ONLY. SUN DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. SUN MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEBSITE. ANY QUESTIONS REGARDING THE MATERIALS SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH MATERIALS. IN NO EVENT WILL SUN OR ITS SUPPLIERS BE LIABLE FOR THE ACCURACY OR COMPLETENESS OF THE INFORMATION FROM sun.com.

13.2 SUN MAKES NO WARRANTY THAT: (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR THAT (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

13.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

13.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SUN OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. SUN'S EMPLOYEES ARE NOT AUTHORIZED TO VARY THESE TERMS.

14. Limitation of Liability

14.1 TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, SUN IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE (EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO: (i) THE USE OF OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES AND sun.com; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.

14.2 YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITE AND WILL NOT MAKE A CLAIM AGAINST SUN FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS.

14.3 YOU AGREE TO HOLD SUN HARMLESS FROM, AND YOU COVENANT NOT TO SUE SUN FOR, ANY CLAIMS BASED ON USING THE WEBSITE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.

15. Intellectual Property Rights

15.1 Sun is committed to respecting others' intellectual property rights, and we ask our users to do the same. Sun may, in its sole discretion, terminate the accounts or access rights of users who infringe or otherwise violate others' intellectual property rights. If You believe that Your work has been copied in a way that constitutes copyright infringement on our Website, please contact our copyright agent as described in our copyright policy.

15.2 All information, documents, products, software, and services (the "Materials") provided on this Website were provided by or to Sun by their respective manufacturers, authors, developers and vendors (the "Third Party Providers") and are the copyrighted work of Sun and/or the Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Sun or the Third Party Provider. No part of the Website, including logos, graphics, sounds or images, may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of Sun. You also may not, without Sun's prior express written permission, "mirror" any Material contained on this Website on any other server.

15.3 Nothing on this Website shall be construed as conferring any license under any of Sun's or any Third Party Provider's intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.

15.4 Permission is granted to display, copy, distribute and download Sun's Materials on this Website provided that: (1) both the copyright notice identified below and this permission notice appear in the Materials, (2) the use of such Materials is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer or broadcast in any media, and (3) no modifications of any of the Materials are made. This permission terminates automatically without notice if You breach any of these terms or conditions. Upon termination, You must immediately destroy any downloaded and printed Materials.

15.5 Any unauthorized use of any Materials contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

15.6 Materials provided by Third Party Providers have not been independently authenticated in whole or in part by Sun. Sun does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by Sun.

16. Sun's Privacy Policy

Sun respects Your desire for privacy. Please see our privacy policy for more information.

17. General Information

17.1 The Terms constitute the entire agreement between You and Sun and govern Your use of the Services, superseding any prior agreements between You and Sun (including, but not limited to, any prior versions of the Terms). You also may be subject to additional terms and conditions that may apply when You use other Sun services, third-party content or third-party software. You must not assign or otherwise transfer the Terms nor any right granted hereunder. Sections 4.5, 13, and 14 survive termination of the Terms.

17.2 California law and controlling U.S. federal law govern any action related to the Terms. No choice of law rules of any jurisdiction apply. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. You and Sun agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California.

17.3 Sun controls and operates this Website from its headquarters in various locations in the United States of America and makes no representation that these Materials are appropriate or available for use in other locations. If You use this Website from other locations, You are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.

17.4 You acknowledge and agree that Materials are subject to the U.S. Export Administration Laws and Regulations. Diversion of such Materials contrary to U.S. law is prohibited. You agree that none of the Materials, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or reexported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. Countries subject to U.S. embargo are: Cuba, Iran, Iraq, Libya, North Korea, Syria, Serbia, and the Sudan. This list is subject to change without further notice from Sun, and You must comply with the list as it exists in fact. You certify that You are not on the U.S. Department of Commerce's Denied Persons List or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or reexport as may be required.

17.5 This Website could include inaccuracies or typographical errors. Sun and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described in this Website at any time without notice. Changes are periodically made to the Website. Sun may amend these Terms at any time by posting the amended terms on this site. If you are a registered user of sun.com, Sun will notify you of changes to these Terms when you log-in after such changes have been made, thus giving You an opportunity to review the Terms.

17.6 The failure of Sun to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.