Settlement Agreement and Mutual Limited Release

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Settlement Agreement and Mutual Limited Release

WHEREAS , Sun Microsystems, Inc. ( "Sun" ) filed suit against Microsoft Corporation ( "Microsoft" ) on October 7, 1997 in the United States District Court for the Northern District of California, Case Number C97-20884 RMW (PVT) (the "Action" );

WHEREAS , Microsoft timely answered Suns complaint and filed counterclaims against Sun in the Action;

NOW THEREFORE , the parties agree as follows:

Definitions .

1.	As used herein, "Sun" means Sun Microsystems, Inc. and all of its Subsidiaries.
2.	As used herein, "Microsoft" means Microsoft Corporation and all of its Subsidiaries.
3.	As used herein, "Subsidiary" means a corporation, partnership, limited liability company, unincorporated association, or other entity (i) greater than 50% of whose combined voting power of the total issued and outstanding voting stock (representing the right to vote for the election of directors or other management authority) is, now or hereafter, owned or controlled, directly or indirectly, by a party hereto (a "Parent" ), and is actually controlled or managed by such Parent, or (ii) which does not have outstanding shares or securities, as may be the case in a partnership or limited liability company, but greater than 50% of whose ownership as equity interest is, now or hereafter, owned or controlled, directly or indirectly, by a Parent and is actually managed or controlled by such Parent.
4.	As used herein, "Intellectual Property Rights" shall mean all intellectual property rights worldwide arising under statutory or common law, and whether or not perfected, including, without limitation, all (i) patents and patent applications owned or licensable by Sun or Microsoft; (ii) rights associated with works of authorship including copyrights, copyright applications, copyright registrations, mask work rights, mask work applications, mask work registrations; (iii) rights relating to the protection of trade secrets and confidential information; (iv) any right analogous to those set forth in this paragraph and any other proprietary rights relating to intangible property (other than trademark, trade dress, or service mark rights); and (v) divisions, continuations, renewals, reissues and extensions of the foregoing (as and to the extent applicable) now existing, hereafter filed, issued or acquired.
5.	As used herein, a "Critical Customer Defect" is any software flaw in a licensed binary implementation that is independently reported by a third party customer and that causes data loss, data corruption, frequent software crashes, or significant errors, such that it substantially interferes with such customers ability to use a licensed JDK 1.1.4-level binary implementation to perform or achieve the functionality specified therefor in Microsofts Reference Documentation.
6.	As used herein, a "Security Hole" is any software flaw, irrespective of whether it is independently reported by a third party customer, that causes a licensed JDK 1.1.4-level binary implementation to fail to conform to the security features specified therefor in Microsofts Reference Documentation.
7.	As used herein, "Microsofts Reference Documentation" shall mean the Microsoft Developer Tools Interoperability Kit Version 1.1 attached hereto as Exhibit A, and the Microsoft April 2000 MSDN developer library documentation for Microsofts JDK 1.1.4-level binary implementation contained on the compact discs referenced in Exhibit B.

Acknowledgment of Termination . Sun notified Microsoft that Sun was terminating the TLDA. Microsoft replied that Suns termination was wrongful and without legal foundation. To settle the pending litigation, Microsoft agrees that the TLDA is terminated but the parties agree that Microsofts consent is not an admission of any breach of the TLDA by Microsoft, any wrongdoing by Microsoft or the existence of any liability of Microsoft to Sun.

Termination of Surviving Licenses and Obligations . The parties further agree that:

Such TLDA obligations and rights as survive termination of the TLDA by Sun, including (without limitation) any and all perpetual licenses granted therein by either party, are hereby terminated and extinguished, except for such surviving rights and obligations as either party may have to the other pursuant to article 7 and section 8.1 of the TLDA, and

Suns termination of the TLDA does not terminate, revoke or impair in any way licenses granted during the term of the TLDA by Microsoft to third parties that are consistent with the terms of the TLDA or this Settlement Agreement to use or distribute Microsoft products licensed under the TLDA, and all such third party licenses of Microsoft shall continue in full force and effect pursuant to the valid provisions of such licenses.

Permanent Injunction . Microsoft hereby consents and agrees to the entry by the Court of a permanent injunction in the form attached hereto as Exhibit C.

Payment . Microsoft shall pay to Sun, by January 25, 2001, the sum of Twenty Million Dollars ($20,000,000).

Limited Licenses . As limited herein, Sun grants to Microsoft:

A limited license under Suns Intellectual Property Rights, during the period ending January 2, 2008, to continue to distribute without modification in currently shipping commercial products, all as listed on Exhibit D attached, the JDK 1.1.4-level binary implementations identified in Exhibit E attached, but only insofar as such binary implementations do not alter or add in any way to the functionality and features of the JDK 1.1.4-level binary implementation that was present in the Windows 2000 First Commercial Release ( "Windows 2000 FCR 1.1.4 binary implementation" ), as modified in accordance with the Delta List attached hereto as Exhibit F (which exhibit is designated as confidential by Microsoft pursuant to paragraph 3(a) above);

Subject to and conditioned on Microsofts compliance with all of the provisions of paragraph 7(c), a limited license under Suns Intellectual Property Rights, during the period ending January 2, 2004, to use Suns JDK 1.1.4-level source code, for Microsofts internal use only, for the sole purpose of making such limited modifications to the JDK 1.1.4-level binary implementations licensed herein under paragraphs 6(a), 6(b) or 6(c) as are necessary to correct only Critical Customer Defects or Security Holes, and only insofar as such modified implementations satisfy the limitations set forth in paragraph 7 below;

Subject to and conditioned on Microsofts compliance with all of the provisions of paragraph 7(c), a limited license under Suns Intellectual Property Rights, during the period ending January 2, 2004, to incorporate the JDK 1.1.4-level binary implementations licensed under paragraphs 6(a) or 6(b) above in successor versions of the products identified in Exhibit D, as said exhibit may be amended pursuant to paragraph 8, but only insofar as such modified implementations and products satisfy the limitations set forth in paragraph 7 below;

Subject to and conditioned on Microsofts compliance with all of the provisions of paragraph 7(c), a limited license under Suns Intellectual Property Rights, during the period ending January 2, 2008, to distribute the products identified in paragraph 6(c) above, but only insofar as such products satisfy the limitations set forth in paragraph 7 below;

A limited license under Suns Intellectual Property Rights, during the period ending January 2, 2008, to grant, with respect to Microsofts currently shipping VJ++6.0 or SDK for JAVA, a sublicense in the form attached as Exhibit G to redistribute the files listed in Exhibit G, but only insofar as such products satisfy the limitations set forth in paragraph 7 below;

A limited license under Suns Intellectual Property Rights, during the period ending January 2, 2008, to distribute in Microsofts currently shipping standalone VJ++6.0 and SDK for JAVA products only such portion of the JDK 1.1.4-level source code as is currently shipping in such products, but only insofar as such products and source code satisfy the limitations set forth in paragraph 7 below;

A limited license under Suns Intellectual Property Rights, during the period ending January 2, 2004, for Microsofts internal use only, to use Suns JCK 1.1.4 compatibility test suite for the sole purpose of confirming that products and binary implementations licensed under this paragraph 6 satisfy the limitations of paragraph 7 below;

A limited license under Suns Intellectual Property Rights, during the period ending January 2, 2004, to continue to distribute without modification Microsofts currently existing inventory of products listed on Exhibit H that contain pre-JDK 1.1-level binary implementations, provided that:

1.	such products are not manufactured by Microsoft after March 31, 2001, and
2.	the license to modify granted in paragraphs 6(b) and (c) above shall not apply to such products;

10.

A limited license under Suns Intellectual Property Rights, during the period ending January 2, 2004, to continue to distribute without modification such currently existing Microsoft products as are listed on Exhibit D that currently contain a JDK 1.1.1-, 1.1.2- or 1.1.3-level binary implementation, provided that:

11.

1.	the license to modify granted in paragraphs 6(b) and (c) above shall not apply to such products or binary implementations, and
2.	if a product containing a JDK 1.1.1-, 1.1.2- or 1.1.3-level binary implementation is modified in any respect, Microsoft will replace the JDK 1.1.1-, 1.1.2- or 1.1.3-level binary implementation in such product with a JDK 1.1.4-level binary implementation licensed under paragraphs 6(a) or 6(b) herein prior to any commercial distribution of such modified product.

10.

License Limitations . The basic intent of the licenses granted in paragraph 6 above is to permit Microsoft to continue to distribute its current products "as is." The limited license granted in paragraph 6(b) above to modify the JDK 1.1.4level binary implementations listed on Exhibit D is intended by Sun and Microsoft to allow Microsoft to correct Critical Customer Defects or Security Holes only.

11.

The licenses granted in paragraph 6 above expressly exclude any right or license, and nothing in this Agreement or in the definitions of "Critical Customer Defect" or "Security Hole" shall be construed to grant Microsoft any right or license, under Suns Intellectual Property Rights to develop or distribute any product that otherwise would be licensed under paragraph 6 above that:

Adds to any binary implementation licensed under paragraph 6 new or different functionality to that specified in Microsofts Reference Documentation;

Adds to any binary implementation licensed under paragraph 6 new or different semantics to those specified in Microsofts Reference Documentation;

Enhances the performance of any binary implementation licensed under paragraph 6 relative to the performance of the pre-existing Windows 2000 FCR 1.1.4 binary implementation (as modified in accordance with the Delta List attached as Exhibit F), except such enhancement as is incidental to and not the purpose for a correction of a Critical Customer Defect or Security Hole;

Alters the number, names or formats of the binary files comprising any binary implementation licensed under paragraph 6 relative to the number, names or formats of the binary files comprising the pre-existing Windows 2000 FCR 1.1.4 binary implementation (as modified in accordance with the Delta List attached as Exhibit F);

Alters the manner in which any binary implementation licensed under paragraph 6 is integrated with any other technology relative to the manner in which the pre-existing Windows 2000 FCR 1.1.4 binary implementation (as modified in accordance with the Delta List attached as Exhibit F) is integrated with any other technology;

Integrates, into any other technology, any element or piece of any binary implementation that is licensed under paragraph 6 and which uses Suns Intellectual Property Rights;

Use the JAVA class libraries licensed under paragraph 6 in conjunction with:

1.	Any virtual machine or compiler other than those licensed under paragraph 6 above; or
2.	Any Microsoft .NET runtime, including any .NET common language runtime;

Alters or adds to the meaning or semantics of the content passed through any of the Microsoft compiler directives (for example @dll, @com, and @security) beyond that specified in Microsofts Reference Documentation;

10.

Alters or adds to the meaning or semantics of Microsofts "delegate" or "multicast" keywords beyond that specified in Microsofts Reference Documentation;

11.

Implements any change or modification to the JAVA language as specified in Suns published specification of the JDK 1.1.4-level version of the JAVA language beyond those specified in Microsofts Reference Documentation; or

12.

Alters or adds to the methods or means by which the Windows 2000 FCR 1.1.4 binary implementation (as modified in accordance with the Delta List attached as Exhibit F) effects calls between JAVA language code running in a JDK 1.1.4-level binary implementation and code running elsewhere ( "bridging" ). Examples of currently existing bridging include (1) Suns "ActiveX Bridge for JAVABeans" and (2) Microsofts "COM to JAVA" bridge. An example of unauthorized bridging would be connecting JAVA language code running in a JDK 1.1.4 binary implementation to the .Net framework.

The limited licenses granted in paragraphs 6(b) through (g) above are restricted to only such products and such binary implementations as pass Suns JCK 1.1.4 compatibility test suite prior to any commercial distribution by Microsoft, except that Sun hereby agrees to exempt Microsofts @dll, @com, and @security compiler directives, and its "delegate" and "multicast" keywords, from compliance with the Compiler Output Requirement of the JCK 1.1.4 test suite provided that any product implementing these extensions conforms to and does not alter or add in any way to Microsofts published specification for such compiler directives and keywords as contained in Microsofts Reference Documentation. Sun further agrees that the products and implementations licensed under paragraphs 6(b) through (g) shall be exempt from any test in Suns 1.1.4 compatibility test suite listed on Exhibit I or that Sun hereafter designates, at any time during the term of the licenses granted herein, as an excluded test. For purposes of testing any JDK 1.1.4-level binary implementation pursuant to this paragraph 7(b), Microsoft will include the JAVA packages identified in Exhibit K.

Microsoft shall document each modification made to any licensed binary implementation pursuant to paragraph 6(b) above and notify Sun in writing thereof as follows:

Prior to any commercial distribution of any JDK 1.1.4-level binary implementation that has been modified or altered to correct a Critical Customer Defect or Security Hole, Microsoft shall first:

1.	Create a detailed written English language description of the Critical Customer Defect or Security Hole to be corrected, the change in programming made to effect such correction, and all known and intended effects of such correction; and
2.	Have a senior Microsoft engineer review the written description and source code of the modification(s) made to correct each Critical Customer Defect or Security Hole and certify in writing that all such modification(s) comply with this Agreement and the limitations and obligations it contains.

At least quarterly within thirty (30) days following the end of each calendar quarter, Microsoft shall provide to Sun the written description and written certification for each modification made to correct a Critical Customer Defect or Security Hole during the quarter.

Microsoft shall make reasonable efforts to answer any reasonable questions or concerns Sun may communicate in writing to Microsoft concerning any modification made by Microsoft within thirty (30) days of its receipt of such communication from Sun.

Unless Sun notifies Microsoft within sixty (60) days of receipt of any quarterly description and certification provided by Microsoft in accordance with this paragraph 7(c) that a change documented and certified by Microsoft is unacceptable to Sun, each such change as is documented and certified by Microsoft shall be deemed to be accepted by Sun as compliant with this Settlement Agreement.

12.

Exhibit D . Microsoft shall prepare and deliver Exhibit D to Sun within forty-five (45) days hereof, identifying each product listed by its product name and version number. If, prior to March 31, 2001, Microsoft learns that it inadvertently omitted from Exhibit D any product that was shipping as of the date of this Settlement Agreement, Exhibit D shall be amended to include the name and version of such product. If, subsequent to March 31, 2001, Microsoft wishes to add any additional product version that was shipping as of the date of this Settlement Agreement, but was inadvertently omitted from Exhibit D, it may do so by paying to Sun the sum of One Hundred Thousand Dollars ($100,000.00) per product version added.

13.

Exhibit F . Microsoft represents that it has made a thorough and diligent investigation and based thereon, to the best of Microsofts knowledge and belief, Exhibit F contains a complete, accurate summary of each change made in each JDK 1.1.4-level binary implementation included on Exhibit E that alters or adds in any way to the functionality or features in the Windows 2000 FCR 1.1.4 binary implementation, or that otherwise fails to meet any limitation of paragraph 7 relative to said Windows 2000 FCR 1.1.4 binary implementation. If, prior to March 31, 2001, Microsoft learns that it omitted from Exhibit F any change required to be disclosed therein, it shall promptly provide to Sun a written description of each such change and pay to Sun the sum of Twenty Thousand Dollars ($20,000) for each such previously undisclosed change. Unless Sun notifies Microsoft within sixty (60) days of receipt of any correction provided hereunder that any previously undisclosed change described in such corrected documentation is unacceptable to Sun, such change shall be deemed accepted by Sun as an amendment to Exhibit F as of the date of this Settlement Agreement.

14.

Exhibit H . Microsoft shall prepare and deliver Exhibit H to Sun, within forty-five (45) days hereof, identifying each product listed by its product name, version number, and the build number of the pre-1.1.4 binary implementation it contains.

15.

Exhibit J . Microsoft represents that Exhibit J contains a complete and accurate report of the compatibility testing performed on the binary implementations identified therein using Suns JCK test suite and exclude list attached as Exhibit I.

16.

Failure To Provide Documentation . If, subsequent to its provision of a quarterly report to Sun pursuant to paragraph 7(c), Microsoft becomes aware that such quarterly report fails accurately or completely to describe in accordance with paragraph 7(c) any programming change made by Microsoft, Microsoft shall, within thirty (30) days of its awareness thereof, notify Sun of such error or failure, provide Sun with corrected, complete documentation for each previously undocumented change (including any certification required under this Settlement Agreement) and pay to Sun the sum of Twenty Thousand Dollars ($20,000) for each programming change made pursuant to paragraph 6(b) that was previously undocumented by Microsoft in violation of paragraph 7(c). If Microsoft corrects an error or omission in a quarterly report provided to Sun pursuant to paragraph 7(c) in its report for the next subsequent quarter, such correction, together with the payment required herein, shall cure any such failure of Microsoft to comply with the documentation requirements of paragraph 7(c). If Microsoft fails to correct an error or omission in a quarterly report provided pursuant to paragraph 7(c) in its report for the next subsequent quarter, any subsequent correction made by Microsoft, together with the payment required herein, shall cure only such omissions or errors of Microsoft to comply with the documentation requirements of paragraph 7(c) as were inadvertent. Unless Sun notifies Microsoft within sixty (60) days of receipt of any correction provided hereunder that a programming change described and certified by Microsoft in such corrected documentation is unacceptable to Sun, such change shall be deemed accepted by Sun as compliant with the restrictions of paragraphs 6 and 7 of this Settlement Agreement effective as of the date of this Settlement Agreement.

17.

Notice and Cure . In the event that Sun becomes aware that Microsoft has, during the term of this Agreement, used in any binary implementation or product licensed under paragraph 6 any Intellectual Property Rights of Sun in the JDK 1.1.4-level technology beyond the scope of the licenses granted herein, Sun may provide written notice thereof to Microsoft, whereupon Microsoft shall have thirty (30) days from the date of such notice of default to notify Sun in writing whether Microsoft will promptly cure such default and if so, the actions it will take to effect such cure. If, within thirty (30) days of any notice of default from Sun, Microsoft notifies Sun in writing that it will promptly cure such default, it shall have sixty (60) days thereafter in which to effect a cure.

18.

Termination . If Microsoft fails to commit within thirty (30) days of a written notice of default from Sun that Microsoft will cure its use of Suns Intellectual Property Rights in the JDK-1.1.4 level technology beyond the scope of the licenses granted herein, or if Microsoft fails to cure such default within ninety (90) days of such notice from Sun, Sun shall, effective as of the date of notice of default from Sun, have the right to terminate the licenses granted to Microsoft in paragraphs 6(b), (c), (d) and (g) above with respect to all products and binary implementations modified by Microsoft subsequent to the date of termination by Sun. In the event of such termination by Sun:

19.

1.	The licenses granted under paragraphs 6(a), (e), (f), (h) and (i) will continue in full force and effect in accordance with their terms, notwithstanding any such termination by Sun;
2.	The license granted under paragraph 6(d) shall survive until December 15, 2007, but limited only to such products as were commercially distributed by Microsoft in accordance with the limitations of paragraphs 6(d) and 7 prior to the date of notice of default from Sun; and
3.	The licenses granted under paragraphs 6(b) and (c) shall terminate as of the date of Suns notice of default.

20.

Independent Development . Each party reserves whatever right it may have to develop or distribute technology that does not infringe the Intellectual Property Rights of the other party. The foregoing sentence notwithstanding, the licenses granted herein to make or distribute the binary implementations referenced in paragraph 6 above shall be subject to the limitations and conditions set forth in paragraphs 6 and 7.

21.

No Implied License . Nothing in this Settlement Agreement grants any right or license to or under the Intellectual Property Rights of Sun, except as expressly provided in paragraph 6 above, and no other right or license shall be implied or inferred from any provision of this Settlement Agreement or from any conduct of the parties.

22.

Mutual Limited Release of Claims .

23.

1.	Released Claims And Counterclaims . Subject to Suns reservation of antitrust claims in paragraph 17(b) below and Microsofts reservation of antitrust counterclaims in paragraph 17(c) below, Sun and Microsoft hereby release only such claims and counterclaims as each party has against the other based upon the acts or omissions of either party prior to the date of this Agreement that were the subject of this Action. Microsoft specifically releases any claim or counterclaim it may have against Sun for damages or other injury arising out of the entry of any injunctive relief against Microsoft in connection with this Action. Sun and Microsoft further agree that the claims and counterclaims asserted in this Action shall be dismissed with prejudice, and hereby consent to entry of judgment by the Court in substantially the form attached hereto as Exhibit C.
2.	Suns Unreleased Antitrust Claims . Paragraph 17(a) above notwithstanding, Sun reserves and does not release or dismiss any claims arising under antitrust laws it may have against Microsoft, including such claims as may be based in whole or in part on some or all of the facts underlying any of the claims released and dismissed in paragraph 17(a) above.
3.	Microsofts Unreleased Antitrust Counterclaims . Paragraph 17(a) above notwithstanding, Microsoft reserves and does not release or dismiss any counterclaim arising under antitrust laws it may have against Sun in response to and based on any claim made against Microsoft by Sun pursuant to paragraph 17(b) above, including such counterclaims as may be based in whole or in part on some or all of the facts underlying any of the claims released and dismissed in paragraph 17(a) above.
4.	Unreleased Defenses . Neither party releases or dismisses any defense to any Unreleased Antitrust Claim or Unreleased Antitrust Counterclaim, other than the defense that this Settlement Agreement or Exhibit C bars or precludes the assertion of such Unreleased Antitrust Claim or Unreleased Antitrust Counterclaim.
5.	Dissolution . Except as provided in Exhibit C, Sun and Microsoft hereby request the Court to dissolve all injunctions previously entered by the Court.

24.

Ownership Rights . Nothing in this Agreement is intended to expand or diminish the ownership or intellectual property rights of either party in the licensed binary implementations or licensed products.

25.

Notices . All notices must be in writing and delivered either in person or by certified mail or registered mail, postage prepaid, return receipt requested, to the person(s) and addresses specified below. Such notice will be effective upon receipt.

Sun	Microsoft
Sun Microsystems, Inc. 901 San Antonio Road Palo Alto, California 94306 Attn: Vice President, JAVA Software	Microsoft Corporation One Microsoft Way Redmond, Washington 98052 Attn: Vice President, Internet Platform & Tools Div.
with a copy to:	with a copy to:
Sun Microsystems, Inc. 901 San Antonio Road MS PAL01-501 Palo Alto, CA 94306 Attn: General Counsel	Microsoft Corporation One Microsoft Way Redmond, Washington 98052 Attn: Law & Corp. Affairs

1.	Integration . This document sets forth the complete, final and exclusive statement of the parties agreement and may not be modified or altered in any respect except by a written instrument signed by a duly authorized representative of each party hereto.

This Agreement is executed and shall be effective this 22nd day of January 2001.

SUN MICROSYSTEMS, INC. By: Patricia Sueltz Executive Vice President, Software Systems Group	MICROSOFT CORPORATION By: Sanjay Parthasarathy Vice President, Platform Strategy Group

Exhibit List

Exhibit	Description
A	Microsoft Developer Tools Interoperability Kit Version 1.1 (done)	1(g)
B	MSDN April 2000 Developer Library CDs (done)	1(g)
C	Permanent Injunction (done)	4
D	Licensed Product List (due 45 days after signing)	6(a)
E	Licensed Binary Implementation List (Microsoft to supply)	6(a)
F	Delta List (done)	6(a)
G	VJ++ 6.0 Sublicense and Redistributable List (Microsoft to supply)	6(e)
H	List of Pre-JDK 1.1 Licensed Products (due 45 days after signing)	6(h)
I	JCK 1.1.4 Exclude List (Sun to supply)	7(b)
J	Microsoft JCK Test Results (Microsoft to supply)	11
K	Additional JAVA Packages for JCK Testing (Microsoft to supply)	7(b)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

SUN MICROSYSTEMS, INC ., a Delaware corporation, Plaintiff, v. MICROSOFT CORPORATION , a Washington corporation, Defendant.	No. C 97-20884 RMW (PVT) Order For Entry Of Judgment

The parties having executed the attached Settlement Agreement, dated December 19, 2000, in which they mutually consent to judgment as set forth below, and the Court having reviewed and approved said Agreement, it is hereby adjudged and ordered as follows:

1. Microsoft, its officers, agents, servants, employees, attorneys, and those in active concert or participation with them who receive actual notice of this order by personal service or otherwise, are permanently enjoined from using or displaying, directly or indirectly, on or in connection with the advertising, distribution, sale, or promotion of any Microsoft product, Suns "JAVA COMPATIBLE® " trademark or any other mark, logo, or identification that imitates or simulates said "JAVA COMPATIBLE® " trademark in a manner that is likely to deceive or cause confusion or mistake.

2. Except as set forth above, all injunctions previously entered herein are hereby vacated, and the security posted by Sun with respect to all injunctions, including the March 24, 1998 preliminary injunction for trademark infringement, shall be withdrawn and returned to Sun by the Clerk of the Court.

3. Except as set forth above, judgment shall enter herein dismissing with prejudice and without costs the claims released by the parties in the attached Settlement Agreement.

IT IS SO ORDERED.

DATED: January ___, 2001

RONALD M. WHYTE
United States District Court Judge