[**] = information redacted pursuant to a confidential treatment request. Such omitted information has been filed separately
with the Securities and Exchange Commission.
M ICROSOFT /S UN A LLIANCE
TECHNICAL COLLABORATION AGREEMENT
This Technical Collaboration Agreement (the “ Agreement ”) is entered into between Microsoft Corporation, a Washington
corporation, with offices at One Microsoft Way, Redmond, WA 98052-6399 (“ Microsoft ”), and Sun Microsystems, Inc., a
corporation organized and existing under the laws of the State of Delaware, Sun Microsystems International B.V. a corporation
organized under the laws of The Netherlands, and Sun Microsystems Technology Ltd., a corporation organized and existing
under the laws of Bermuda (“ Sun ”), effective as of the date it has been signed on behalf of both Parties (the “ Effective Date ”).
Sun and Microsoft are each sometimes referred to individually as a “Party , ” and collectively as the “Parties .”
In consideration of the premises and mutual covenants contained herein, and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows:
1. C ERTAIN D EFINITIONS
Other capitalized terms used in this Agreement are defined in Exhibit A or elsewhere in this Agreement.
“ Licensed Protocols ” means the Microsoft Licensed Protocols or Sun Licensed Protocols, individually or collectively as the
context may require. Licensed Protocols will continue to be Licensed Protocols under this Agreement whether or not they are
included in subsequent versions of the Licensor’s products. Successor versions of Microsoft Licensed Protocols or Sun
Licensed Protocols during the Term will continue to be included as Licensed Protocols under this Agreement whether included
in the same or different products of Microsoft or Sun, respectively.
“ Microsoft Licensed Protocols ” means the Communications Protocol(s) implemented in (a) a Windows Server OS