Sun UBL Non-Assertion Covenant, 20 July 2006

Sun Microsystems irrevocably covenants that, subject solely to the reciprocity requirement described below, it will not seek to enforce any of its enforceable U.S. or foreign patents against that portion of a product that implements the Universal Business Language 1.0 specification or any subsequent version of that specification in whose development Sun participates to the point where Sun would be obligated by the rules of OASIS to grant (or commit to grant) patent licenses or make equivalent non-assertion covenants ("UBL Implementation").

The foregoing covenant shall not apply and Sun makes no assurance, covenant or commitment not to assert or enforce any or all of its patent rights against any individual, corporation or other entity that asserts, threatens or seeks at any time to enforce its own or another party's U.S. or foreign patents or patent rights against any UBL Implementation.

This statement is not an assurance either (i) that any of Sun's issued patents cover a UBL Implementation or are enforceable, or (ii) that a UBL Implementation would not infringe patents or other intellectual property rights of any third party.

No other rights except those expressly stated in this Non-Assertion Covenant shall be deemed granted, waived, or received by implication, or estoppel, or otherwise. Similarly, nothing in this statement is intended to relieve Sun of its obligations, if any, under the applicable rules of OASIS.