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1 A. Sun Microsystems, Inc. ("Sun") ENTITLEMENT for SOFTWARE
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2
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3 Licensee/Company: Entity receiving Software.
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4
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5 Effective Date: Date of delivery of the Software to You.
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6
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7 Software: JavaBeans Activation Framework 1.1.1.
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8
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9 License Term: Perpetual (subject to termination under the SLA).
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10
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11 Licensed Unit: Software Copy.
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12
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13 Licensed unit Count: Unlimited.
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14
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15 Permitted Uses:
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16
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17 1. You may reproduce and use the Software for Individual, Commercial,
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18 or Research and Instructional Use for the purposes of designing,
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19 developing, testing, and running Your applets and
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20 application("Programs").
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21
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22 2. Subject to the terms and conditions of this Agreement and
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23 restrictions and exceptions set forth in the Software's documentation,
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24 You may reproduce and distribute portions of Software identified as a
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25 redistributable in the documentation ("Redistributable"), provided
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26 that:
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27
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28 (a) you distribute Redistributable complete and unmodified and only
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29 bundled as part of Your Programs,
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30
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31 (b) your Programs add significant and primary functionality to the
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32 Redistributable,
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33
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34 (c) you distribute Redistributable for the sole purpose of running your
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35 Programs,
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36
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37 (d) you do not distribute additional software intended to replace any
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38 component(s) of the Redistributable,
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39
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40 (e) you do not remove or alter any proprietary legends or notices
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41 contained in or on the Redistributable.
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42
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43 (f) you only distribute the Redistributable subject to a license
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44 agreement that protects Sun's interests consistent with the terms
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45 contained in this Agreement, and
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46
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47 (g) you agree to defend and indemnify Sun and its licensors from and
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48 against any damages, costs, liabilities, settlement amounts and/or
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49 expenses (including attorneys' fees) incurred in connection with any
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50 claim, lawsuit or action by any third party that arises or results from
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51 the use or distribution of any and all Programs and/or
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52 Redistributable.
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53
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54 3. Java Technology Restrictions. You may not create, modify, or change
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55 the behavior of, or authorize your licensees to create, modify, or
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56 change the behavior of, classes, interfaces, or subpackages that are in
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57 any way identified as "java", "javax", "sun" or similar convention as
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58 specified by Sun in any naming convention designation.
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59
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60 B. Sun Microsystems, Inc. ("Sun")
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61 SOFTWARE LICENSE AGREEMENT
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62
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63 READ THE TERMS OF THIS AGREEMENT ("AGREEMENT") CAREFULLY BEFORE OPENING
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64 SOFTWARE MEDIA PACKAGE. BY OPENING SOFTWARE MEDIA PACKAGE, YOU AGREE TO
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65 THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING SOFTWARE
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66 ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING
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67 THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE
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68 TO ALL OF THE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE
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69 OF PURCHASE FOR A REFUND OR, IF SOFTWARE IS ACCESSED ELECTRONICALLY,
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70 SELECT THE "DECLINE" (OR "EXIT") BUTTON AT THE END OF THIS AGREEMENT.
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71 IF YOU HAVE SEPARATELY AGREED TO LICENSE TERMS ("MASTER TERMS") FOR
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72 YOUR LICENSE TO THIS SOFTWARE, THEN SECTIONS 1-5 OF THIS AGREEMENT
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73 ("SUPPLEMENTAL LICENSE TERMS") SHALL SUPPLEMENT AND SUPERSEDE THE
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74 MASTER TERMS IN RELATION TO THIS SOFTWARE.
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75
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76 1. Definitions.
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77
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78 (a) "Entitlement" means the collective set of applicable documents
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79 authorized by Sun evidencing your obligation to pay associated fees (if
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80 any) for the license, associated Services, and the authorized scope of
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81 use of Software under this Agreement.
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82
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83 (b) "Licensed Unit" means the unit of measure by which your use of
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84 Software and/or Service is licensed, as described in your Entitlement.
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85
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86 (c) "Permitted Use" means the licensed Software use(s) authorized
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87 in this Agreement as specified in your Entitlement. The Permitted Use
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88 for any bundled Sun software not specified in your Entitlement will be
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89 evaluation use as provided in Section 3.
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90
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91 (d) "Service" means the service(s) that Sun or its delegate will
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92 provide, if any, as selected in your Entitlement and as further
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93 described in the applicable service listings at
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94 www.sun.com/service/servicelist.
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95
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96 (e) "Software" means the Sun software described in your
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97 Entitlement. Also, certain software may be included for evaluation use
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98 under Section 3.
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99
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100 (f) "You" and "Your" means the individual or legal entity specified
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101 in the Entitlement, or for evaluation purposes, the entity performing
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102 the evaluation.
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103
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104 2. License Grant and Entitlement.
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105
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106 Subject to the terms of your Entitlement, Sun grants you a
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107 nonexclusive, nontransferable limited license to use Software for its
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108 Permitted Use for the license term. Your Entitlement will specify (a)
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109 Software licensed, (b) the Permitted Use, (c) the license term, and (d)
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110 the Licensed Units.
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111
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112 Additionally, if your Entitlement includes Services, then it will also
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113 specify the (e) Service and (f) service term.
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114
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115 If your rights to Software or Services are limited in duration and the
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116 date such rights begin is other than the purchase date, your
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117 Entitlement will provide that beginning date(s).
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118
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119 The Entitlement may be delivered to you in various ways depending on
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120 the manner in which you obtain Software and Services, for example, the
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121 Entitlement may be provided in your receipt, invoice or your contract
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122 with Sun or authorized Sun reseller. It may also be in electronic
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123 format if you download Software.
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124
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125 3. Permitted Use.
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126
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127 As selected in your Entitlement, one or more of the following Permitted
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128 Uses will apply to your use of Software. Unless you have an Entitlement
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129 that expressly permits it, you may not use Software for any of the
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130 other Permitted Uses. If you don't have an Entitlement, or if your
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131 Entitlement doesn't cover additional software delivered to you, then
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132 such software is for your Evaluation Use.
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133
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134 (a) Evaluation Use. You may evaluate Software internally for a period
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135 of 90 days from your first use.
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136
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137 (b) Research and Instructional Use. You may use Software internally to
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138 design, develop and test, and also to provide instruction on such
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139 uses.
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140
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141 (c) Individual Use. You may use Software internally for personal,
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142 individual use.
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143
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144 (d) Commercial Use. You may use Software internally for your own
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145 commercial purposes.
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146
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147 (e) Service Provider Use. You may make Software functionality
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148 accessible (but not by providing Software itself or through outsourcing
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149 services) to your end users in an extranet deployment, but not to your
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150 affiliated companies or to government agencies.
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151
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152 4. Licensed Units.
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153
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154 Your Permitted Use is limited to the number of Licensed Units stated in
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155 your Entitlement. If you require additional Licensed Units, you will
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156 need additional Entitlement(s).
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157
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158 5. Restrictions.
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159
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160 (a) The copies of Software provided to you under this Agreement are
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161 licensed, not sold, to you by Sun. Sun reserves all rights not
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162 expressly granted. (b) You may make a single archival copy of Software,
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163 but otherwise may not copy, modify, or distribute Software. However if
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164 the Sun documentation accompanying Software lists specific portions of
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165 Software, such as header files, class libraries, reference source code,
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166 and/or redistributable files, that may be handled differently, you may
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167 do so only as provided in the Sun documentation. (c) You may not rent,
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168 lease, lend or encumber Software. (d) Unless enforcement is prohibited
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169 by applicable law, you may not decompile, or reverse engineer
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170 Software. (e) The terms and conditions of this Agreement will apply to
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171 any Software updates, provided to you at Sun's discretion, that replace
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172 and/or supplement the original Software, unless such update contains a
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173 separate license. (f) You may not publish or provide the results of any
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174 benchmark or comparison tests run on Software to any third party
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175 without the prior written consent of Sun. (g) Software is confidential
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176 and copyrighted. (h) Unless otherwise specified, if Software is
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177 delivered with embedded or bundled software that enables functionality
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178 of Software, you may not use such software on a stand-alone basis or
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179 use any portion of such software to interoperate with any program(s)
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180 other than Software. (i) Software may contain programs that perform
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181 automated collection of system data and/or automated software updating
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182 services. System data collected through such programs may be used by
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183 Sun, its subcontractors, and its service delivery partners for the
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184 purpose of providing you with remote system services and/or improving
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185 Sun's software and systems. (j) Software is not designed, licensed or
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186 intended for use in the design, construction, operation or maintenance
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187 of any nuclear facility and Sun and its licensors disclaim any express
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188 or implied warranty of fitness for such uses. (k) No right, title or
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189 interest in or to any trademark, service mark, logo or trade name of
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190 Sun or its licensors is granted under this Agreement.
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191
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192 6. Term and Termination.
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193
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194 The license and service term are set forth in your Entitlement(s). Your
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195 rights under this Agreement will terminate immediately without notice
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196 from Sun if you materially breach it or take any action in derogation
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197 of Sun's and/or its licensors' rights to Software. Sun may terminate
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198 this Agreement should any Software become, or in Sun's reasonable
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199 opinion likely to become, the subject of a claim of intellectual
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200 property infringement or trade secret misappropriation. Upon
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201 termination, you will cease use of, and destroy, Software and confirm
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202 compliance in writing to Sun. Sections 1, 5, 6, 7, and 9-15 will
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203 survive termination of the Agreement.
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204
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205 7. Java Compatibility and Open Source.
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206
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207 Software may contain Java technology. You may not create additional
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208 classes to, or modifications of, the Java technology, except under
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209 compatibility requirements available under a separate agreement
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210 available at www.java.net.
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211
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212 Sun supports and benefits from the global community of open source
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213 developers, and thanks the community for its important contributions
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214 and open standards-based technology, which Sun has adopted into many of
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215 its products.
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216
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217 Please note that portions of Software may be provided with notices and
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218 open source licenses from such communities and third parties that
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219 govern the use of those portions, and any licenses granted hereunder do
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220 not alter any rights and obligations you may have under such open
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221 source licenses, however, the disclaimer of warranty and limitation of
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222 liability provisions in this Agreement will apply to all Software in
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223 this distribution.
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224
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225 8. Limited Warranty.
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226
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227 Sun warrants to you that for a period of 90 days from the date of
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228 purchase, as evidenced by a copy of the receipt, the media on which
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229 Software is furnished (if any) will be free of defects in materials and
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230 workmanship under normal use. Except for the foregoing, Software is
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231 provided "AS IS". Your exclusive remedy and Sun's entire liability
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232 under this limited warranty will be at Sun's option to replace Software
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233 media or refund the fee paid for Software. Some states do not allow
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234 limitations on certain implied warranties, so the above may not apply
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235 to you. This limited warranty gives you specific legal rights. You may
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236 have others, which vary from state to state.
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237
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238 9. Disclaimer of Warranty.
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239
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240 UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,
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241 REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF
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242 MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT
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243 ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO
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244 BE LEGALLY INVALID.
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245
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246 10. Limitation of Liability.
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247
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248 TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS
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249 LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR
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250 SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES,
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251 HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR
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252 RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS
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253 BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun's
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254 liability to you, whether in contract, tort (including negligence), or
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255 otherwise, exceed the amount paid by you for Software under this
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256 Agreement. The foregoing limitations will apply even if the above
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257 stated warranty fails of its essential purpose. Some states do not
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258 allow the exclusion of incidental or consequential damages, so some of
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259 the terms above may not be applicable to you.
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260
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261 11. Export Regulations.
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262
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263 All Software, documents, technical data, and any other materials
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264 delivered under this Agreement are subject to U.S. export control laws
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265 and may be subject to export or import regulations in other countries.
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266 You agree to comply strictly with these laws and regulations and
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267 acknowledge that you have the responsibility to obtain any licenses to
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268 export, re-export, or import as may be required after delivery to you.
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269
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270 12. U.S. Government Restricted Rights.
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271
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272 If Software is being acquired by or on behalf of the U.S. Government or
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273 by a U.S. Government prime contractor or subcontractor (at any tier),
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274 then the Government's rights in Software and accompanying documentation
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275 will be only as set forth in this Agreement; this is in accordance with
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276 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD)
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277 acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD
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278 acquisitions).
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279
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280 13. Governing Law.
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281
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282 Any action related to this Agreement will be governed by California law
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283 and controlling U.S. federal law. No choice of law rules of any
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284 jurisdiction will apply.
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285
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286 14. Severability.
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287
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288 If any provision of this Agreement is held to be unenforceable, this
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289 Agreement will remain in effect with the provision omitted, unless
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290 omission would frustrate the intent of the parties, in which case this
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291 Agreement will immediately terminate.
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292
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293 15. Integration.
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294
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295 This Agreement, including any terms contained in your Entitlement, is
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296 the entire agreement between you and Sun relating to its subject
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297 matter. It supersedes all prior or contemporaneous oral or written
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298 communications, proposals, representations and warranties and prevails
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299 over any conflicting or additional terms of any quote, order,
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300 acknowledgment, or other communication between the parties relating to
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301 its subject matter during the term of this Agreement. No modification
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302 of this Agreement will be binding, unless in writing and signed by an
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303 authorized representative of each party.
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304
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305 Please contact Sun Microsystems, Inc. 4150 Network Circle, Santa Clara,
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306 California 95054 if you have questions.
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