Common use of Java Technology Restrictions Clause in Contracts

Java Technology Restrictions. You may not modify the Java Platform Interface ("JPI", identified as classes contained within the "java" package or any subpackages of the "java" package), by creating additional classes within the JPI or otherwise causing the addition to or modification of the classes in the JPI. In the event that you create an additional class and associated API(s) which (i) extends the functionality of the Java platform, and (ii) is exposed to third party software developers for the purpose of developing additional software which invokes such additional API, you must promptly publish broadly an accurate specification for such API for free use by all developers. You may not create, or authorize your licensees to create, additional classes, interfaces, or subpackages that are in any way identified as "java", ` javax", "sun" or similar convention as specified by Sun in any naming convention designation. Refer to the appropriate version of the Java Runtime Environment binary code license (currently located at http://www.java.sun.com/jdk/index.htm]) for the availability of runti▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ Java applets and applications. For inquiries please contact: Sun Microsystems, Inc., 901 San Antonio Road, Palo Alto, California 94303 (LF1 #111636) EXHIBIT 10.5 JN MICROSYSTEMS, INC. PROPRIETARY AND CONFIDENTIAL Agreement Number 115804 ATTACHMENT 3 TRADEMARK LICENSE AGREEMENT This Trademark License Agreement ("Trademark Agreement") is entered into as of the Effective Date between Sun Microsystems, Inc. and its affiliates, with offices at 901 San Antonio Road, Palo Alto, California 94303 ("Sun)" and Custome▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ("▇▇▇▇▇▇▇▇"): ▇▇▇▇▇▇▇▇ ▇▇▇▇ COMPLETE THE INFORMATION BELOW, REVIEW AND SIGN THE TRADEMARK AGREEMENT, AND RETURN IT TO SUN AT: SUN MICROSYSTEMS, INC., STAROFFICE SOFTWARE OEM SALES DEPARTMENT, 901 SAN ANTONIO ROAD, MAILSTOP: USCA12-101, PALO ALTO, CALIFORNIA 94303. Customer: Lindows.com ▇▇▇▇▇▇▇: _____________________________ ▇▇dress: 9333 Genesee Avenue, 3rd Floor San Diego, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇.▇.▇. ▇▇▇: ▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇: 858-587-6700 E-mail: __________________________ S▇▇ ▇▇▇ ▇▇▇▇▇mer entered into a StarOffice Software OEM License and Distribution Agreement ("StarOffice OEM License Agreement") allowing Customer to bundle Sun's StarOffice' application Software with Customer's Product. This Trademark Agreement sets forth the terms and conditions for Customer's licensing and use of the StarOffice Logo, StarOffice word mark, and ___ Logo in connection with Customers distribution and mark▇▇▇▇g of Customers Products that contain the Software. The terms and conditions of this Trademark Agreement shall supersede any inconsistent or conflicting terms and conditions in the StarOffice OEM License Agreement, including Attachments. This Trademark Agreement includes by reference Attachment 3-A, entitled Licensed Trademarks, as an integral part hereto. In consideration of the mutual promises and covenants set forth in this Trademark Agreement, and for other good and valuable consideration, receipt of which is hereby acknowledged, the parties agree to the terms and conditions herein.

Java Technology Restrictions. You may not modify the Java Platform Interface ("JPI", identified as classes contained within the "java" package or any subpackages of the "java" package), by creating additional classes within the JPI or otherwise causing the addition to or modification of the classes in the JPI. In the event that you create an additional class and associated API(s) which (i) extends the functionality of the Java platform, and (ii) is exposed to third party software developers for the purpose of developing additional software which invokes such additional API, you must promptly publish broadly an accurate specification for such API for free use by all developers. You may not create, or authorize your licensees to create, additional classes, interfaces, or subpackages that are in any way identified as "java", ` javax", "sun" or similar convention as specified by Sun in any naming convention designation. Refer to the appropriate version of the Java Runtime Environment binary code license (currently located at http://www.java.sun.com/jdk/index.htm▇▇▇▇://▇▇▇.▇▇▇▇.▇▇▇.▇▇▇/jdk/index.htm]) for the availability of runti▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ runtime code which may be distributed with Java applets and applications. For inquiries please contact: Sun Microsystems, Inc., 901 San Antonio Road▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇, Palo Alto▇▇▇▇ ▇▇▇▇, California 94303 ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ (LF1 #111636) EXHIBIT 10.5 JN MICROSYSTEMS, INC. PROPRIETARY AND CONFIDENTIAL Agreement Number 115804 ATTACHMENT 3 TRADEMARK LICENSE AGREEMENT This Trademark License Agreement ("Trademark Agreement") is entered into as of the Effective Date between Sun Microsystems, Inc. and its affiliates, with offices at 901 San Antonio Road, Palo Alto, California 94303 ("Sun)" and Custome▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ("▇▇▇▇▇▇▇▇Sun)" and Customer set forth below ("Customer"): ▇▇▇▇▇▇▇▇ ▇▇▇▇ CUSTOMER MUST COMPLETE THE INFORMATION BELOW, REVIEW AND SIGN THE TRADEMARK AGREEMENT, AND RETURN IT TO SUN AT: SUN MICROSYSTEMS, INC., STAROFFICE SOFTWARE OEM SALES DEPARTMENT, 901 SAN ANTONIO ROAD, MAILSTOP: USCA12-101, PALO ALTO▇▇▇▇ ▇▇▇▇, CALIFORNIA 94303. Customer: Lindows.com ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇. Customer: ▇▇▇▇▇▇▇.▇▇▇ Contact: _____________________________ Address: ▇▇dress: 9333 Genesee Avenue▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, 3rd Floor San Diego▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇.▇.▇. ▇▇▇Tel: ▇▇▇-▇▇▇-▇▇▇▇ Fax: ▇▇▇: 858-587▇▇▇-6700 ▇▇▇▇ E-mail: __________________________ S▇▇ ▇▇▇ ▇▇▇▇▇mer Sun and Customer entered into a StarOffice Software OEM License and Distribution Agreement ("StarOffice OEM License Agreement") allowing Customer to bundle Sun's StarOffice' application Software with Customer's Product. This Trademark Agreement sets forth the terms and conditions for Customer's licensing and use of the StarOffice Logo, StarOffice word mark▇▇▇▇, and ___ Logo in connection with Customers distribution and mark▇▇▇▇g marketing of Customers Products that contain the Software. The terms and conditions of this Trademark Agreement shall supersede any inconsistent or conflicting terms and conditions in the StarOffice OEM License Agreement, including Attachments. This Trademark Agreement includes by reference Attachment 3-A, entitled Licensed Trademarks, as an integral part hereto. In consideration of the mutual promises and covenants set forth in this Trademark Agreement, and for other good and valuable consideration, receipt of which is hereby acknowledged, the parties agree to the terms and conditions herein.