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Marc NICOLAS
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A. Sun Microsystems, Inc. ("Sun") ENTITLEMENT for SOFTWARE
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Licensee/Company: Entity receiving Software.
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Effective Date: Date of delivery of the Software to You.
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Software: JavaBeans Activation Framework 1.1.1.
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License Term: Perpetual (subject to termination under the SLA).
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Licensed Unit: Software Copy.
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Licensed unit Count: Unlimited.
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Permitted Uses:
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1. You may reproduce and use the Software for Individual, Commercial,
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or Research and Instructional Use for the purposes of designing,
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developing, testing, and running Your applets and
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application("Programs").
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2. Subject to the terms and conditions of this Agreement and
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restrictions and exceptions set forth in the Software's documentation,
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You may reproduce and distribute portions of Software identified as a
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redistributable in the documentation ("Redistributable"), provided
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that:
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(a) you distribute Redistributable complete and unmodified and only
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bundled as part of Your Programs,
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(b) your Programs add significant and primary functionality to the
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Redistributable,
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(c) you distribute Redistributable for the sole purpose of running your
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Programs,
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(d) you do not distribute additional software intended to replace any
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component(s) of the Redistributable,
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(e) you do not remove or alter any proprietary legends or notices
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contained in or on the Redistributable.
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(f) you only distribute the Redistributable subject to a license
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agreement that protects Sun's interests consistent with the terms
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contained in this Agreement, and
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(g) you agree to defend and indemnify Sun and its licensors from and
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against any damages, costs, liabilities, settlement amounts and/or
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expenses (including attorneys' fees) incurred in connection with any
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claim, lawsuit or action by any third party that arises or results from
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the use or distribution of any and all Programs and/or
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Redistributable.
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3. Java Technology Restrictions. You may not create, modify, or change
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the behavior of, or authorize your licensees to create, modify, or
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change the behavior of, classes, interfaces, or subpackages that are in
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any way identified as "java", "javax", "sun" or similar convention as
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specified by Sun in any naming convention designation.
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B. Sun Microsystems, Inc. ("Sun")
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SOFTWARE LICENSE AGREEMENT
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READ THE TERMS OF THIS AGREEMENT ("AGREEMENT") CAREFULLY BEFORE OPENING
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SOFTWARE MEDIA PACKAGE. BY OPENING SOFTWARE MEDIA PACKAGE, YOU AGREE TO
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THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING SOFTWARE
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ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING
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THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE
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TO ALL OF THE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE
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OF PURCHASE FOR A REFUND OR, IF SOFTWARE IS ACCESSED ELECTRONICALLY,
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SELECT THE "DECLINE" (OR "EXIT") BUTTON AT THE END OF THIS AGREEMENT.
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IF YOU HAVE SEPARATELY AGREED TO LICENSE TERMS ("MASTER TERMS") FOR
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YOUR LICENSE TO THIS SOFTWARE, THEN SECTIONS 1-5 OF THIS AGREEMENT
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("SUPPLEMENTAL LICENSE TERMS") SHALL SUPPLEMENT AND SUPERSEDE THE
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MASTER TERMS IN RELATION TO THIS SOFTWARE.
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1. Definitions.
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(a) "Entitlement" means the collective set of applicable documents
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authorized by Sun evidencing your obligation to pay associated fees (if
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any) for the license, associated Services, and the authorized scope of
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use of Software under this Agreement.
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(b) "Licensed Unit" means the unit of measure by which your use of
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Software and/or Service is licensed, as described in your Entitlement.
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(c) "Permitted Use" means the licensed Software use(s) authorized
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in this Agreement as specified in your Entitlement. The Permitted Use
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for any bundled Sun software not specified in your Entitlement will be
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evaluation use as provided in Section 3.
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(d) "Service" means the service(s) that Sun or its delegate will
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provide, if any, as selected in your Entitlement and as further
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described in the applicable service listings at
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www.sun.com/service/servicelist.
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(e) "Software" means the Sun software described in your
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Entitlement. Also, certain software may be included for evaluation use
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under Section 3.
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(f) "You" and "Your" means the individual or legal entity specified
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in the Entitlement, or for evaluation purposes, the entity performing
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the evaluation.
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2. License Grant and Entitlement.
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Subject to the terms of your Entitlement, Sun grants you a
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nonexclusive, nontransferable limited license to use Software for its
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Permitted Use for the license term. Your Entitlement will specify (a)
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Software licensed, (b) the Permitted Use, (c) the license term, and (d)
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the Licensed Units.
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Additionally, if your Entitlement includes Services, then it will also
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specify the (e) Service and (f) service term.
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If your rights to Software or Services are limited in duration and the
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date such rights begin is other than the purchase date, your
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Entitlement will provide that beginning date(s).
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The Entitlement may be delivered to you in various ways depending on
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the manner in which you obtain Software and Services, for example, the
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Entitlement may be provided in your receipt, invoice or your contract
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with Sun or authorized Sun reseller. It may also be in electronic
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format if you download Software.
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3. Permitted Use.
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As selected in your Entitlement, one or more of the following Permitted
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Uses will apply to your use of Software. Unless you have an Entitlement
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that expressly permits it, you may not use Software for any of the
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other Permitted Uses. If you don't have an Entitlement, or if your
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Entitlement doesn't cover additional software delivered to you, then
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such software is for your Evaluation Use.
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(a) Evaluation Use. You may evaluate Software internally for a period
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of 90 days from your first use.
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(b) Research and Instructional Use. You may use Software internally to
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design, develop and test, and also to provide instruction on such
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uses.
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(c) Individual Use. You may use Software internally for personal,
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individual use.
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(d) Commercial Use. You may use Software internally for your own
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commercial purposes.
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(e) Service Provider Use. You may make Software functionality
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accessible (but not by providing Software itself or through outsourcing
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services) to your end users in an extranet deployment, but not to your
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affiliated companies or to government agencies.
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4. Licensed Units.
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Your Permitted Use is limited to the number of Licensed Units stated in
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your Entitlement. If you require additional Licensed Units, you will
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need additional Entitlement(s).
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5. Restrictions.
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(a) The copies of Software provided to you under this Agreement are
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licensed, not sold, to you by Sun. Sun reserves all rights not
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expressly granted. (b) You may make a single archival copy of Software,
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but otherwise may not copy, modify, or distribute Software. However if
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the Sun documentation accompanying Software lists specific portions of
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Software, such as header files, class libraries, reference source code,
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and/or redistributable files, that may be handled differently, you may
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do so only as provided in the Sun documentation. (c) You may not rent,
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lease, lend or encumber Software. (d) Unless enforcement is prohibited
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by applicable law, you may not decompile, or reverse engineer
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Software. (e) The terms and conditions of this Agreement will apply to
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any Software updates, provided to you at Sun's discretion, that replace
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and/or supplement the original Software, unless such update contains a
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separate license. (f) You may not publish or provide the results of any
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benchmark or comparison tests run on Software to any third party
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without the prior written consent of Sun. (g) Software is confidential
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and copyrighted. (h) Unless otherwise specified, if Software is
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delivered with embedded or bundled software that enables functionality
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of Software, you may not use such software on a stand-alone basis or
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use any portion of such software to interoperate with any program(s)
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other than Software. (i) Software may contain programs that perform
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automated collection of system data and/or automated software updating
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services. System data collected through such programs may be used by
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Sun, its subcontractors, and its service delivery partners for the
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purpose of providing you with remote system services and/or improving
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Sun's software and systems. (j) Software is not designed, licensed or
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intended for use in the design, construction, operation or maintenance
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of any nuclear facility and Sun and its licensors disclaim any express
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or implied warranty of fitness for such uses. (k) No right, title or
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interest in or to any trademark, service mark, logo or trade name of
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Sun or its licensors is granted under this Agreement.
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6. Term and Termination.
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The license and service term are set forth in your Entitlement(s). Your
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rights under this Agreement will terminate immediately without notice
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from Sun if you materially breach it or take any action in derogation
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of Sun's and/or its licensors' rights to Software. Sun may terminate
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this Agreement should any Software become, or in Sun's reasonable
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opinion likely to become, the subject of a claim of intellectual
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property infringement or trade secret misappropriation. Upon
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termination, you will cease use of, and destroy, Software and confirm
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compliance in writing to Sun. Sections 1, 5, 6, 7, and 9-15 will
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survive termination of the Agreement.
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7. Java Compatibility and Open Source.
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Software may contain Java technology. You may not create additional
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classes to, or modifications of, the Java technology, except under
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compatibility requirements available under a separate agreement
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available at www.java.net.
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Sun supports and benefits from the global community of open source
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developers, and thanks the community for its important contributions
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and open standards-based technology, which Sun has adopted into many of
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its products.
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Please note that portions of Software may be provided with notices and
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open source licenses from such communities and third parties that
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govern the use of those portions, and any licenses granted hereunder do
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not alter any rights and obligations you may have under such open
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source licenses, however, the disclaimer of warranty and limitation of
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liability provisions in this Agreement will apply to all Software in
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this distribution.
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8. Limited Warranty.
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Sun warrants to you that for a period of 90 days from the date of
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purchase, as evidenced by a copy of the receipt, the media on which
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Software is furnished (if any) will be free of defects in materials and
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workmanship under normal use. Except for the foregoing, Software is
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provided "AS IS". Your exclusive remedy and Sun's entire liability
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under this limited warranty will be at Sun's option to replace Software
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media or refund the fee paid for Software. Some states do not allow
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limitations on certain implied warranties, so the above may not apply
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to you. This limited warranty gives you specific legal rights. You may
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have others, which vary from state to state.
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9. Disclaimer of Warranty.
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UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,
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REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF
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MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT
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ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO
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BE LEGALLY INVALID.
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10. Limitation of Liability.
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TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS
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LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR
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SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES,
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HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR
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RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS
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BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun's
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liability to you, whether in contract, tort (including negligence), or
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otherwise, exceed the amount paid by you for Software under this
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Agreement. The foregoing limitations will apply even if the above
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stated warranty fails of its essential purpose. Some states do not
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allow the exclusion of incidental or consequential damages, so some of
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the terms above may not be applicable to you.
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11. Export Regulations.
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All Software, documents, technical data, and any other materials
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delivered under this Agreement are subject to U.S. export control laws
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and may be subject to export or import regulations in other countries.
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You agree to comply strictly with these laws and regulations and
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acknowledge that you have the responsibility to obtain any licenses to
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export, re-export, or import as may be required after delivery to you.
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12. U.S. Government Restricted Rights.
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If Software is being acquired by or on behalf of the U.S. Government or
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by a U.S. Government prime contractor or subcontractor (at any tier),
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then the Government's rights in Software and accompanying documentation
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will be only as set forth in this Agreement; this is in accordance with
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48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD)
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acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD
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acquisitions).
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13. Governing Law.
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Any action related to this Agreement will be governed by California law
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and controlling U.S. federal law. No choice of law rules of any
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jurisdiction will apply.
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14. Severability.
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If any provision of this Agreement is held to be unenforceable, this
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Agreement will remain in effect with the provision omitted, unless
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omission would frustrate the intent of the parties, in which case this
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Agreement will immediately terminate.
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15. Integration.
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This Agreement, including any terms contained in your Entitlement, is
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the entire agreement between you and Sun relating to its subject
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matter. It supersedes all prior or contemporaneous oral or written
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communications, proposals, representations and warranties and prevails
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over any conflicting or additional terms of any quote, order,
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acknowledgment, or other communication between the parties relating to
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its subject matter during the term of this Agreement. No modification
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of this Agreement will be binding, unless in writing and signed by an
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authorized representative of each party.
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Please contact Sun Microsystems, Inc. 4150 Network Circle, Santa Clara,
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California 95054 if you have questions. |