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flameeyes 08/09/30 11:37:27 |
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Added: SunStudioExpress |
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Log: |
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Add Sun Studio Express license agreement (going to add the ebuild in a bit). |
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Revision Changes Path |
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1.1 licenses/SunStudioExpress |
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file : http://sources.gentoo.org/viewcvs.py/gentoo-x86/licenses/SunStudioExpress?rev=1.1&view=markup |
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plain: http://sources.gentoo.org/viewcvs.py/gentoo-x86/licenses/SunStudioExpress?rev=1.1&content-type=text/plain |
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Index: SunStudioExpress |
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=================================================================== |
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Sun Microsystems, Inc. (“Sun”) |
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SOFTWARE LICENSE AGREEMENT |
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|
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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 THE |
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TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING SOFTWARE ELECTRONICALLY, |
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INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE “ACCEPT” (OR |
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EQUIVALENT) BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL |
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OF THE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE |
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FOR A REFUND OR, IF SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE |
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“DECLINE” (OR EQUIVALENT) BUTTON AT THE END OF THIS AGREEMENT. IF YOU HAVE |
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SEPARATELY AGREED TO LICENSE TERMS (“MASTER TERMS”) FOR YOUR LICENSE TO THIS |
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SOFTWARE, THEN SECTIONS 1-6 OF THIS AGREEMENT (“SUPPLEMENTAL LICENSE TERMS”) |
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SHALL SUPPLEMENT AND SUPERSEDE THE MASTER TERMS IN RELATION TO THIS |
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SOFTWARE. |
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|
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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 |
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(if any) for the license, associated Services, and the authorized |
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scope of 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 in this |
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Agreement as specified in your Entitlement. The Permitted Use for any |
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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 provide, |
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if any, as selected in your Entitlement and as further described in |
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the applicable service listings at www.sun.com/service/servicelist. |
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(e) “Software” means the Sun software described in your Entitlement. |
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Also, certain software may be included for evaluation use under |
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Section 3. |
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(f) “You” and “Your” means the individual or legal entity specified in |
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the Entitlement, or for evaluation purposes, the entity performing |
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the evaluation. |
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|
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2. License Grant and Entitlement. |
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Subject to the terms of your Entitlement, Sun grants you a nonexclusive, |
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nontransferable limited license to use Software for its Permitted Use for |
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the license term. Your Entitlement will specify (a) Software licensed, |
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(b) the Permitted Use, (c) the license term, and (d) 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 Entitlement |
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will provide that beginning date(s). |
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The Entitlement may be delivered to you in various ways depending on the |
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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 format |
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if you download Software. |
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|
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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 other |
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Permitted Uses. If you don't have an Entitlement, or if your Entitlement |
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doesn’t cover additional software delivered to you, then such software is |
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for your Evaluation Use. |
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(a) Evaluation Use. You may evaluate Software internally for a period of |
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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 accessible |
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(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 |
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your affiliated companies or to government agencies. |
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|
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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 need |
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additional Entitlement(s). |
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|
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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 expressly |
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granted. (b) You may make a single archival copy of Software, but |
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otherwise may not copy, modify, or distribute Software. However if the |
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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 do |
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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 by |
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applicable law, you may not decompile, or reverse engineer Software. (e) |
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The terms and conditions of this Agreement will apply to any Software |
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updates, provided to you at Sun’s discretion, that replace and/or |
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supplement the original Software, unless such update contains a separate |
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license. (f) You may not publish or provide the results of any benchmark |
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or comparison tests run on Software to any third party without the prior |
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written consent of Sun. (g) Software is confidential and |
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copyrighted. (h) Unless otherwise specified, if Software is delivered |
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with embedded or bundled software that enables functionality of Software, |
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you may not use such software on a stand-alone basis or use any portion |
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of such software to interoperate with any program(s) other than |
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Software. (i) Software may contain programs that perform automated |
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collection of system data and/or automated software updating |
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services. System data collected through such programs may be used by Sun, |
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its subcontractors, and its service delivery partners for the purpose of |
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providing you with remote system services and/or improving Sun’s software |
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and systems. (j) Software is not designed, licensed or intended for use |
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in the design, construction, operation or maintenance of any nuclear |
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facility and Sun and its licensors disclaim any express or implied |
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warranty of fitness for such uses. (k) No right, title or interest in or |
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to any trademark, service mark, logo or trade name of Sun or its |
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licensors is granted under this Agreement. |
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6. 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 and |
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open standards-based 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 with notices and |
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open source licenses from such communities and third parties that govern |
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the use of those portions, and any licenses granted hereunder do not |
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alter any rights and obligations you may have under such open source |
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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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|
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7. 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 of |
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Sun’s and/or its licensors’ rights to Software. Sun may terminate this |
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Agreement should any Software become, or in Sun's reasonable opinion |
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likely to become, the subject of a claim of intellectual property |
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infringement or trade secret misappropriation. Upon termination, you |
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will cease use of, and destroy, Software and confirm compliance in |
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writing to Sun. Sections 1, 5, 6, 7, and 9-15 will survive termination |
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of the Agreement. |
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|
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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 under |
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this limited warranty will be at Sun’s option to replace Software media |
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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 to |
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you. This limited warranty gives you specific legal rights. You may have |
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others, which vary from state to state. |
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|
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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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|
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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 BEEN |
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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 stated |
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warranty fails of its essential purpose. Some states do not allow the |
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exclusion of incidental or consequential damages, so some of the terms |
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above may not be applicable to you. |
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|
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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 |
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countries. You agree to comply strictly with these laws and regulations |
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and acknowledge that you have the responsibility to obtain any licenses |
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to export, re-export, or import as may be required after delivery to |
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you. |
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|
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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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|
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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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|
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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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|
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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 of |
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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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|
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Please contact Sun Microsystems, Inc. 4150 Network Circle, Santa Clara, |
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California 95054 if you have questions. |