legal/Sun_license_agreement.txt
author Iván Perdomo <ivan.perdomo@openbravo.com>
Wed, 01 Oct 2008 12:57:20 +0000
changeset 1738 d8dcb2ecfd14
permissions -rw-r--r--
Merge 1st iteration of DAL project (rev. 8119)
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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
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You.
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Software: Java(TM) Transaction API (JTA) Specification
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1.1
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License Term: Perpetual (subject to termination under
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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 Your own
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Individual, Commercial, or Research and Instructional
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Use for the purposes of designing, developing,
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testing, and running Your applets and application
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("Programs").
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2. Subject to the terms and conditions of this
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Agreement and restrictions and exceptions set forth in
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the Software's documentation, You may reproduce and
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distribute portions of Software identified as a
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redistributable in the documentation
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("Redistributable"), provided that:
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(a) You distribute Redistributable complete and
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unmodified and only bundled as part of Your Programs,
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(b) Your Programs add significant and primary
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functionality to the Redistributable,
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(c) You distribute Redistributable for the sole
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purpose of running Your Programs,
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(d) You do not distribute additional software intended
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to replace any component(s) of the Redistributable,
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(e) You do not remove or alter any proprietary legends
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or notices contained in or on the Redistributable.
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(f) You only distribute the Redistributable subject to
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a license agreement that protects Sun's interests
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consistent with the terms contained in this Agreement,
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and
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(g) You agree to defend and indemnify Sun and its
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licensors from and against any damages, costs,
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liabilities, settlement amounts and/or expenses
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(including attorneys' fees) incurred in connection
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with any claim, lawsuit or action by any third party
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that arises or results from the use or distribution of
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any and all Programs and/or Redistributable.
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3. Java Technology Restrictions. You may not create,
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modify, or change the behavior of, or authorize your
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licensees to create, modify, or change the behavior
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of, classes, interfaces, or subpackages that are in
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any way identified as "java", "javax", "sun" or
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similar convention as specified by Sun in any naming
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convention designation.
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Sun Microsystems, Inc. ("Sun")
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SOFTWARE LICENSE AGREEMENT
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READ THE TERMS OF THIS AGREEMENT ("AGREEMENT")
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CAREFULLY BEFORE OPENING SOFTWARE MEDIA PACKAGE. BY
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OPENING SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS
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OF THIS AGREEMENT. IF YOU ARE ACCESSING SOFTWARE
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ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE
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TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END OF
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THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE
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TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR
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PLACE OF PURCHASE FOR A REFUND OR, IF SOFTWARE IS
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ACCESSED ELECTRONICALLY, SELECT THE "DECLINE" (OR
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"EXIT") BUTTON AT THE END OF THIS AGREEMENT. IF YOU
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HAVE SEPARATELY AGREED TO LICENSE TERMS ("MASTER
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TERMS") FOR YOUR LICENSE TO THIS SOFTWARE, THEN
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SECTIONS 1-5 OF THIS AGREEMENT ("SUPPLEMENTAL LICENSE
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TERMS") SHALL SUPPLEMENT AND SUPERSEDE THE MASTER
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TERMS IN RELATION TO THIS SOFTWARE.
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1. Definitions.
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(a) "Entitlement" means the collective set of
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applicable documents authorized by Sun evidencing your
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obligation to pay associated fees (if any) for the
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license, associated Services, and the authorized scope
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of use of Software under this Agreement.
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(b) "Licensed Unit" means the unit of measure by
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which your use of Software and/or Service is licensed,
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as described in your Entitlement.
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(c) "Permitted Use" means the licensed Software
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use(s) authorized in this Agreement as specified in
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your Entitlement. The Permitted Use for any bundled
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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
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delegate will provide, if any, as selected in your
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Entitlement and as further described in the applicable
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service listings at www.sun.com/service/servicelist.
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(e) "Software" means the Sun software described in
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your Entitlement. Also, certain software may be
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included for evaluation use under Section 3.
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(f) "You" and "Your" means the individual or legal
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entity specified in the Entitlement, or for evaluation
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purposes, the entity performing the evaluation.
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2. License Grant and Entitlement.
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Subject to the terms of your Entitlement, Sun grants
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you a nonexclusive, nontransferable limited license to
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use Software for its Permitted Use for the license
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term. Your Entitlement will specify (a) Software
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licensed, (b) the Permitted Use, (c) the license term,
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and (d) the Licensed Units.
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Additionally, if your Entitlement includes Services,
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then it will also specify the (e) Service and (f)
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service term.
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If your rights to Software or Services are limited in
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duration and the date such rights begin is other than
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the purchase date, your Entitlement will provide that
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beginning date(s).
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The Entitlement may be delivered to you in various
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ways depending on the manner in which you obtain
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Software and Services, for example, the Entitlement
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may be provided in your receipt, invoice or your
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contract with Sun or authorized Sun reseller. It may
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also be in electronic 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
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following Permitted Uses will apply to your use of
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Software. Unless you have an Entitlement that
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expressly permits it, you may not use Software for any
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of the other Permitted Uses. If you don't have an
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Entitlement, or if your Entitlement doesn't cover
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additional software delivered to you, then such
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software is for your Evaluation Use.
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(a) Evaluation Use. You may evaluate Software
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internally for a period of 90 days from your first
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use.
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(b) Research and Instructional Use. You may use
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Software internally to design, develop and test, and
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also to provide instruction on such uses.
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(c) Individual Use. You may use Software internally
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for personal, individual use.
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(d) Commercial Use. You may use Software internally
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for your own commercial purposes.
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(e) Service Provider Use. You may make Software
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functionality accessible (but not by providing
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Software itself or through outsourcing services) to
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your end users in an extranet deployment, but not to
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your 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
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Licensed Units stated in your Entitlement. If you
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require additional Licensed Units, you will need
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additional Entitlement(s).
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5. Restrictions.
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(a) The copies of Software provided to you under this
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Agreement are licensed, not sold, to you by Sun. Sun
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reserves all rights not expressly granted. (b) You may
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make a single archival copy of Software, but otherwise
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may not copy, modify, or distribute Software. However
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if the Sun documentation accompanying Software lists
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specific portions of Software, such as header files,
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class libraries, reference source code, and/or
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redistributable files, that may be handled
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differently, you may do so only as provided in the Sun
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documentation. (c) You may not rent, lease, lend or
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encumber Software. (d) Unless enforcement is
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prohibited by applicable law, you may not decompile,
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or reverse engineer Software. (e) The terms and
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conditions of this Agreement will apply to any
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Software updates, provided to you at Sun's discretion,
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that replace and/or supplement the original Software,
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unless such update contains a separate license. (f)
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You may not publish or provide the results of any
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benchmark or comparison tests run on Software to any
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third party without the prior written consent of Sun.
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(g) Software is confidential and copyrighted. (h)
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Unless otherwise specified, if Software is delivered
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with embedded or bundled software that enables
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functionality of Software, you may not use such
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software on a stand-alone basis or use any portion of
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such software to interoperate with any program(s)
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other than Software. (i) Software may contain programs
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that perform automated collection of system data
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and/or automated software updating services. System
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data collected through such programs may be used by
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Sun, its subcontractors, and its service delivery
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partners for the purpose of providing you with remote
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system services and/or improving Sun's software and
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systems. (j) Software is not designed, licensed or
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intended for use in the design, construction,
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operation or maintenance of any nuclear facility and
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Sun and its licensors disclaim any express or implied
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warranty of fitness for such uses. (k) No right, title
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or interest in or to any trademark, service mark, logo
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or trade name of Sun or its licensors is granted under
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this Agreement.
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6. Term and Termination.
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The license and service term are set forth in your
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Entitlement(s). Your rights under this Agreement will
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terminate immediately without notice from Sun if you
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materially breach it or take any action in derogation
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of Sun's and/or its licensors' rights to Software. Sun
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may terminate this Agreement should any Software
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become, or in Sun's reasonable opinion likely to
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become, the subject of a claim of intellectual
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property infringement or trade secret
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misappropriation. Upon termination, you will cease use
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of, and destroy, Software and confirm compliance in
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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
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create additional classes to, or modifications of, the
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Java technology, except under compatibility
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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
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open source developers, and thanks the community for
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its important contributions and open standards-based
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technology, which Sun has adopted into many of its
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products.
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Please note that portions of Software may be provided
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with notices and open source licenses from such
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communities and third parties that govern the use of
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those portions, and any licenses granted hereunder do
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not alter any rights and obligations you may have
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under such open source licenses, however, the
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disclaimer of warranty and limitation of liability
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provisions in this Agreement will apply to all
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Software in 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
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the date of purchase, as evidenced by a copy of the
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receipt, the media on which Software is furnished (if
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any) will be free of defects in materials and
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workmanship under normal use. Except for the
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foregoing, Software is provided "AS IS". Your
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exclusive remedy and Sun's entire liability under this
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limited warranty will be at Sun's option to replace
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Software media or refund the fee paid for Software.
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Some states do not allow limitations on certain
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implied warranties, so the above may not apply to you.
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This limited warranty gives you specific legal rights.
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You may 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
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IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES,
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INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY,
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FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT
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ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE
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DISCLAIMERS ARE HELD TO 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
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SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE,
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PROFIT OR DATA, OR FOR SPECIAL, INDIRECT,
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CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER
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CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING
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OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE
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SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE
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POSSIBILITY OF SUCH DAMAGES. In no event will Sun's
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liability to you, whether in contract, tort (including
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negligence), or otherwise, exceed the amount paid by
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you for Software under this Agreement. The foregoing
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limitations will apply even if the above stated
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warranty fails of its essential purpose. Some states
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do not allow the exclusion of incidental or
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consequential damages, so some of the terms above may
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not be applicable to you.
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11. Export Regulations.
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All Software, documents, technical data, and any other
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materials delivered under this Agreement are subject
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to U.S. export control laws and may be subject to
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export or import regulations in other countries. You
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agree to comply strictly with these laws and
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regulations and acknowledge that you have the
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responsibility to obtain any licenses to export,
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re-export, or import as may be required after delivery
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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
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U.S. Government or by a U.S. Government prime
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contractor or subcontractor (at any tier), then the
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Government's rights in Software and accompanying
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documentation will be only as set forth in this
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Agreement; this is in accordance with 48 CFR 227.7201
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through 227.7202-4 (for Department of Defense (DOD)
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acquisitions) and with 48 CFR 2.101 and 12.212 (for
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non-DOD acquisitions).
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13. Governing Law.
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Any action related to this Agreement will be governed
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by California law and controlling U.S. federal law. No
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choice of law rules of any jurisdiction will apply.
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14. Severability.
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If any provision of this Agreement is held to be
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unenforceable, this Agreement will remain in effect
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with the provision omitted, unless omission would
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frustrate the intent of the parties, in which case
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this Agreement will immediately terminate.
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15. Integration.
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This Agreement, including any terms contained in your
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Entitlement, is the entire agreement between you and
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Sun relating to its subject matter. It supersedes all
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prior or contemporaneous oral or written
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communications, proposals, representations and
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warranties and prevails over any conflicting or
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additional terms of any quote, order, acknowledgment,
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or other communication between the parties relating to
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its subject matter during the term of this Agreement.
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No modification of this Agreement will be binding,
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unless in writing and signed by an authorized
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representative of each party.
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Please contact Sun Microsystems, Inc. 4150 Network
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Circle, Santa Clara, California 95054 if you have
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questions.