19 If Licensee were using a Java enabled browser, Licensee would see an animation instead of this static image.
Below is the formal SGML DTD for the APPLET and PARAM tags. 19 20 TRADEMARK LICENSE The following terms and conditions governing Java compatibility branding and trademarks generally ("License") are incorporated by reference into the Technology License and Distribution Agreement ("TLDA") between SUN and Licensee, attached hereto. Where this License is more specific than or inconsistent with the TLDA, the terms of this License shall govern. Otherwise, the TLDA shall apply. The parties agree that: 1. DEFINITIONS 1.1. "Branded Product" means all online software or tangible copies or units of any version of Licensee's Products being distributed in association with any Compatibility Logo. 1.2. "Compatibility Logo" means the Java-compatible logo supplied by SUN to Licensee from time-to-time. The current version of the logo is depicted at the end of this License. 1.3. "Licensee's Products" means only the products described in Exhibit B of the TLDA. 2. GRANT OF LICENSE SUN grants to Licensee a non-exclusive, non-transferable, personal, paid-up, royalty-free license, within the Territory in Section 3, to use the Compatibility Logo ("License") as provided herein with respect to each of Licensee's Products that fully meet the certification requirements of Section 4. Licensee is granted no other right, title, or license to the Compatibility Logo or any other SUN trademark, and is specifically granted no right or license to sublicense the Compatibility Logo or any other SUN trademarks. This License shall apply and pass through to Licensee's distributors who distribute Licensee's Products as transferred by Licensee (i.e., without any modifications to the Product, product packaging, documentation or other materials) ("Distributors"). Licensee shall provide notice of this License to and enforce its terms with Distributors. SUN shall be entitled to enforce the terms of this License directly against any Distributor in the event Licensee fails to do so. All subsequent references herein to "Licensee" shall include and apply to "Distributors". 3. TERRITORY Licensee shall not use any Compatibility Logo on or in Licensee's Products distributed via tangible media (e.g., CD or diskettes) or on any other tangible materials (e.g., user documentation) in countries other than those listed below ("Territory"), unless SUN expressly agrees in writing beforehand to extend the Territory (which Sun may refuse to do in its sole discretion). This territorial restriction shall not apply to on-line distribution of Licensee's Products over the Internet. Licensee shall pay all costs, including fees for legal services, registrations, recordals, and foreign language translations associated with any extension of the Territory requested by Licensee. SUN may eliminate any country from the Territory if it determines in its sole judgment that use or continued use of the Compatibility Logo in such country may subject SUN or any third party to legal liability, or may jeopardize the Compatibility Logo or any SUN trademark in that or any other country. In such event, Licensee shall promptly cease all use of the Compatibility Logo in such countries upon written notice from SUN. Australia Austria Belgium Benin Netherlands Luxembourg Brazil Burkino Faso Cameroon Canada 21 21 Central African Republic Chad Chile China (P.R.C.) Columbia Congo Czech Republic Denmark Egypt France Gabon Germany Greece Guinea Hong Kong Hungary India Indonesia Israel Italy Ivory Coast Japan Mali Malaysia Mauritania Mexico New Zealand Niger Norway Philippines Portugal Russia Senegal Singapore South Korea Spain Sweden Switzerland Taiwan Thailand Togo Turkey Ukraine UAE U.K. United States Venezuela 4. CERTIFICATION License applies only to versions of Licensee's Products that have successfully passed the Java Test Suites made available by SUN to Licensee pursuant to the TLDA, and which otherwise fully comply with all other compatibility and certification requirements of the TLDA. Upon thirty (30) days written notice by SUN no more than two (2) times per calendar year, Licensee shall permit SUN to inspect and test any Branded Products at a mutually-agreeable location to ensure that they meet the compatibility requirements of the TLDA. Upon request by SUN, Licensee shall promptly make any 22 22 modifications to any version of a Branded Product necessary for it to meet such compatibility requirements. 5. LOGO AND TRADEMARK USAGE Licensee shall use the Compatibility Logo only as specified in any guidelines or policies made by SUN concerning the appearance, placement or use of the Compatibility Logo ("Logo Guidelines"). Licensee shall: (i) use only approved logo artwork provided by Sun, (ii) for tangible media, display the Compatibility Logo on external product packaging, documentation, and media (disk, CD-ROM, tape, etc.); (iii) for online versions of Licensee's Product, display the Compatibility Logo on web pages featuring information about the Product in GIF images that point to the current Sun Java page (http://java.sun.com) via hypertext link; (iv) for both tangible-media and online versions, display the Compatibility Logo on "splashscreens" appearing upon launch of Licensee's Product, if any, and in general product information screens (e.g., "About", "Help", "Info"); (v) display the Compatibility Logo on tangible marketing collateral featuring Licensee's Products, including advertisements and datasheets; and (vi) not display Compatibility Logo more prominently or larger than Licensee's company name/logo and product name/logo, wherever displayed. Licensee shall comply with the current versions of the Sun Trademark & Logo Policies and the Java/HotJava Trademark Guidelines [http://java.sun.com/tm_guidelines.html], including but not limited to using the Java mark as an adjective followed by generic descriptions, marking the Java mark with a (TM) symbol, and attributing the Java mark as a trademark of Sun Microsystems, Inc. in a legend on packaging, splashcreens, web page, and other collateral and materials. Licensee may not include any Sun trademark (e.g., Sun, Java, HotJava, Solaris, etc.) in Licensee's company, business or subsidiary names, or in the name of any of Licensee's products, services, technologies, or web pages. Licensee shall promptly modify any usage and any material that does not conform to the Logo Guidelines, the Sun Trademark & Logo Policies, or the Java/HotJava Trademark Guidelines upon notice from Sun specifying the non-conformance. Licensee shall notify its distributors and customers of any such non-conformance as to materials or products already distributed, as may be reasonably requested by Sun. 6. PROTECTION OF TRADEMARKS AND LOGOS Sun is the sole owner of the Compatibility Logos (including the marks depicted therein) and all goodwill associated therewith. Licensee's use of the Compatibility Logos inures solely to the benefit of Sun. Licensee shall not do anything that might harm the reputation or goodwill of the Compatibility Logo. Licensee shall not challenge Sun's rights in or attempt to register the Compatibility Logo, or any other name or mark owned by Sun or substantially similar thereto. Licensee shall take no action inconsistent with Sun's rights in the Compatibility Logo. If at any time Licensee acquires any rights in, or registrations or applications for, the Compatibility Logo by operation of law or otherwise, it will immediately upon request by Sun and at no expense to Sun, assign such rights, registrations, or applications to Sun, along with any and all associated goodwill. Licensee shall assist Sun to the extent reasonably necessary to protect and maintain the Compatibility Logo worldwide, including but not limited to giving prompt notice to Sun of any known or potential infringement of the Compatibility Logo, and cooperating with Sun in the preparation and execution of any documents necessary to record this License as may be required by the laws or rules of any country. Sun may at its option commence, prosecute or defend any action or claim concerning the Compatibility Logo in the name. 23 23 AMENDMENT NO. 1 TO THE TECHNOLOGY LICENSE AND DISTRIBUTION AGREEMENT BETWEEN SUN MICROSYSTEMS, INC. AND SYMANTEC CORPORATION This Amendment Number One (the "Amendment No. 1") to the Technology License and Distribution Agreement dated December 11, 1995 (the "Agreement") by and between Sun Microsystems, Inc. and Symantec Corporation ("Licensee"), is entered into this _____ day of _________, 1999 (the "Effective Date") by and between the same parties. RECITALS WHEREAS Sun and Licensee entered into an Agreement for the purpose of licensing the Java(TM) Applet Environment and the Java(TM) Compiler; and WHEREAS Licensee desires to develop and distribute products based upon Sun's Java(TM) Servlet Development Kit (JSDK), Version 2.0 technology, NOW THEREFORE, in consideration for the mutual covenants contained herein, the parties further agree as follows: 1.0 DEFINITIONS The existing Section 1.13 of the Agreement is deleted and replaced with the following revised Section 1.13: 1.13 "Technology" means each specific Java(TM) technology (excluding Tools) licensed by Sun under the Agreement and described in Exhibit A, in addition to that technology more fully described in the Exhibit G attached to this Amendment No. 1. The following new definitions are added to the Agreement: 1.17 "Java(TM) Servlet Development Kit, Version 2.0" means version 2.0 only of the Java(TM) Servlet Development Kit (hereafter "JSDK") described in specifications from Sun, as may be revised by Sun during the Term as described in Exhibit G. 1.18 "Java(TM) Test Suites" means the applicable test suites associated with each Technology, as may be revised by Sun during the Term. 2.0 LICENSE GRANTS Section 2.0 - LICENSE GRANTS of the Agreement is amended by the addition of the following subsections: 2.1e. Sublicensing of JSDK Source Code. Licensee may sublicense, solely for the Field(s) of Use identified in Exhibit G, and deliver a copy of the Source Code and any Documentation bundled with Products for JSDK only (i) to third parties only in association with the sublicensing of Licensee Products in source code form, and (ii) solely for the purpose of enabling such third party to provide support and Bug Fixes for Products. Such arrangements must be under a written agreement consistent with the terms contained herein and any such third party shall be granted no rights to modify, distribute or sublicense the JSDK Source Code. Licensee shall provide Sun notice of any such third party licensee. 1 24 2.13 Compatibility Requirements. (i) Unless otherwise specified in an Exhibit, from time to time during the term of the Agreement, Sun will make available to Licensee at no cost, Java Test Suites for validating that the portion of Licensee's Product which interprets Java bytecodes is compatible with the then-current version of the applicable Technology and Standard Extensions. (ii) Products must fully comply with the Documentation specified in the Exhibit for the corresponding Technology and each release of a Product by Licensee must pass the most current applicable Java Test Suite that was available from Sun one hundred twenty (120) days before FCS of such version of the Product. In the event that Licensee elects to use a version of the Technology and/or Standard Extension(s) that is newer than that which is required under this Section 2.13, then Licensee agrees to pass the Java Test Suite that corresponds to such newer version. (iii) If Licensee provides Sun with written notice of the existence of a bug in a current Java Test Suite, then Licensee shall be released from compatibility with the minimum portion of such Java Test Suite necessary to avoid the impact of such bug, until such time as Sun provides to Licensee a corrected or new Java Test Suite. (iv) Upon request by Sun, Licensee shall promptly make any modifications to any Product necessary for it to meet the compatibility requirements set out in this Section 2.13. 3.0 MISCELLANEOUS The existing Section 11.0 of the Agreement is modified to include a revised Section 11.1 to change the Sun address as follows: Sun Sun Microsystems, Inc. 901 San Antonio Road Palo Alto, California 94303 Attn: V.P. Sales, Software and Technology cc: General Counsel, Software and Technology EXHIBITS. The attached new Exhibit G is added to the Agreement to add the JSDK, version 2.0. All other terms and conditions of the Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives. Sun Microsystems, Inc.: Licensee: APPROVED [INIT] ---------- LEGAL DEPT By: /s/ MALA S. CHANDRA By: /s/ [Signature Illegible] ----------------------------- ---------------------------------- Name: MALA S. CHANDRA Name: [Illegible] --------------------------- -------------------------------- (Print or Type) (Print or Type) Title: Director, Enterprise Java Title: Director, Business Development -------------------------- ------------------------------- Date: 3/9/99 Date: March 9, 99 --------------------------- -------------------------------- 2 25 EXHIBIT G JAVA(TM) SERVLET DEVELOPMENT KIT, VERSION 2.0, JSDK L DESCRIPTION OF TECHNOLOGY AND DOCUMENTATION: A. Technology: Java(TM) Servlet Development Kit (JSDK), version 2.0 The Java(TM) Servlet Development Kit (JSDK), version 2.0, can be used to develop and test server extensions based on the servlet API. Included is a stand-alone server (called Servletrunner) that can be used to test servlets before running them in a servlet-enabled web server. The JSDK serves as the reference Implementation for the Java Servlet API 2.0. This release will run on top of JDK 1.1.x as well as JDK 1.2 Package javax.servlet (redistributable as source / not modifiable) GenericServlet.java Servlet.java ServletConfig.java ServletContext.java ServletException.java ServletinputStream.java ServletOutputStream.java ServletRequest.java ServletResponse.java SingleThreadModel.java UnavailableException.java Package javax.servlet.http (redistributable as source / not modifiable) Cookie.java HttpServlet.java HttpServletRequest.java HttpServletResponse.java HttpSession.java HttpSessionBindingEvent.java HttpSessionBindingListener.java HttpSessionContext.java HttpUtils.java Package sun.servlet (not redistributable as source / modifiable) ServletConnection.java ServletLoader.java 3 26 Package sun.servlet.http (not redistributable as source/modifiable) CacheControlHeader.java HttpDate.jave HttpInputStream.java HttpOutputStream.java HttpRequest.java HttpRequestLine.java HttpRequestListener.java HttpResponse.java HttpServer.java HttpServerHandler.java HttpServletConfig.java HttpSessionImpl.java HttpWriter.java InvalidRequestException.java MessageBytes.java MessageString.java MimeHeaderField.java MimeHeaders.java SessionContextImpl.java Package sun.servlet.util (not redistributable as source/modifiable) Ascii.java Pool.java Queue.java QueueEmptyException.java QueueFullException.java Sources are provided for a Unix Shell script and Win32 exe to launch the servletrunner. These files are modifiable. B. Documentation Source documentation is provided in the form of README.source's in the top directory. User documentation is provided in the form of a README and a servlet_tutorial.html file. The README and servlet_tutorial should not be modified and should be distributed with the final distribution. II. FIELD(S) OF USE AND PRODUCT LIST: Field of Use: For bundling within VisualCafe Enterprise Suite only Products: VisualCafe Enterprise Suite 4 27 Agreement Amending Technology License and Distribution Agreement Between SUN MICROSYSTEMS, INC. and SYMANTEC CORPORATION This Agreement ("Agreement") is made and entered into by and between SUN MICROSYSTEMS, INC. ("Sun") and SYMANTEC CORPORATION ("Symantec") this 9th day of September, 1999 Symantec and Sun entered into: (i) a Technology License and Distribution Agreement dated December 11, 1995, as amended (the "TLDA"); and (ii) a letter agreement dated March 28, 1997 granting Sun the right to distribute Symantec's Just-in-Time Compiler (the "Letter Agreement"); and The parties hereto desire to amend the TLDA and the Letter Agreement on the terms and conditions noted herein. NOW, THEREFORE, the parties hereto agree as follows: 1. The capitalized terms used and not otherwise defined in this Agreement shall have the same meaning as defined in the TLDA. 2. The TLDA is hereby amended to provide that Symantec shall have for the term of the TLDA, a worldwide, non-exclusive, non-transferable right and license with respect to the Java Applet Environment Version 1.2 and Upgrades thereto (collectively, the "JAE"), to: [*], while maintaining compatibility as provided in Section 2.4 of the TLDA, for the purposes of improving the performance of the JAE (the "Improved JAE") and integrating the Improved JAE into Products; (ii) distribute Products in binary code form containing the Improved JAE in accordance with the terms of Section 2.2 a and b of the TLDA; (iii) sublicense the Improved JAE in source code form, in accordance with Sections 2.1(b)(iii) and 2.1(d) of the TLDA; and (iv) sublicense the Improved JAE in source code form to Sun's other commercial source code licensees of the JAE for the sole purpose of integrating the Improved JAE into such licensees' products pursuant to the terms of their respective commercial JAE source code licenses with Sun. 3. The Letter Agreement is amended to clarify that, effective as of December 1, 1998, Sun has a perpetual, worldwide, non-exclusive, non-transferable right and license, in accordance with Paragraph 4 of the Letter Agreement, to: (i) distribute and sublicense Version 3.0 of Symantec's Just-in-Time Compiler (and any updates thereto; e.g., Versions 3.x.x) in binary form; and (ii) access and modify the source code of Version 3.0 of Symantec's Just-in-Time Compiler (and any updates thereto). 4. Sun acknowledges that: (i) Symantec intends to spinout its Internet Tools Group as a separate company (the "Spinout"); and (ii) in connection therewith, Symantec desires to transfer to the Spinout all of Symantec's rights and obligations under the TLDA, Letter Agreement and this Agreement. Sun agrees that if the Spinout is created within 12 months of the date of this Agreement, Sun shall consent to a one * Confidential treatment requested for redacted portion which has been filed separately with the Securities and Exchange Commission. 28 time assignment to and assumption by the Spinout of all rights and obligations of Symantec under the TLDA, the Letter Agreement and this Agreement, provided that the Spinout will not be directly or indirectly owned or controlled by [*], or any entity directly or indirectly owned or controlled by any of the forgoing companies, their parents, subsidiaries, successors or assigns, at or prior to the time of such assignment. The parties acknowledge and agree that Sun's consent to the assignment of the TLDA to Spinout shall not affect any subsequent assignment of the TLDA. Any such subsequent assignment or change of control shall be governed by Section 11.9 of the TLDA. In the event of a breach of this covenant, then the TLDA, the Letter Agreement and this Agreement, with the exception of Sun's license to Version 3.0 of the Just-in-Time Compiler, shall automatically terminate. Any fees or royalties owing to Sun at the time of such termination shall become immediately due for payment. The parties agree that, effective upon any such assignment, the Spinout will be bound by and will assume and discharge all obligations of Symantec under the TLDA, the Letter Agreement and this Agreement. Sun hereby acknowledges and agrees that any transfer of rights in the Vector Product(s) to the Spinout shall not be deemed a transfer to a third party for purposes of Exhibit C of the TLDA, provided that Spinout obtains substantially all of Symantec's rights in the Vector Product(s) in connection with such transfer. 5. Symantec agrees to provide a written statement indicating Products sold, on a quarterly basis, pursuant to Section 4.1 of the TLDA whether or not royalties are due. In addition, within 30 days after the effective date of this Agreement, Symantec shall deliver to Sun a full accounting of all royalties specified in Exhibit C of the TLDA previously credited against [*]. 6. This Agreement may be executed in counterpart originals. Except as modified herein, the TDLA and the Letter Agreement remain in full force and effect and unmodified. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be entered into as of the date first written above. SUN MICROSYSTEMS, INC. SYMANTEC CORPORATION By /s/ [Signature Illegible] By /s/ [Signature Illegible] ---------------------------------- ---------------------------------- Title Interim VP/GM Java Software Title VP, Internet Tools ------------------------------- ------------------------------- * Confidential treatment requested for redacted portion which has been filed separately with the Securities and Exchange Commission.