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SUN MICROSYSTEMS, INC.
End-User Binary Code
SOFTWARE LICENSE AGREEMENT
SUN IS WILLING TO LICENSE THE ACCOMPANYING MODIFICATION TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. READ THE TERMS AND CONDITIONS OF THIS LICENSE CAREFULLY BEFORE DOWNLOADING THE MODIFICATION. BY DOWNLOADING AND OR USING THE MODIFICATION, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR USE THIS MODIFICATION.
1. License to Use. Customer is granted a royalty-free non-exclusive and non-transferable license ("License") for the use of the accompanying binary software modification in machine-readable form, together with accompanying documentation, if any, ("Software"), only in combination with the specific software previously licensed by you from Sun with which this Modification is intended to operate. No other use or distribution of the Modification is authorized.
2. Restrictions. Modification is copyrighted and title to all copies is retained by Sun and/or its licensors. Customer shall not make copies of the Modification, other than as authorized above plus a single copy for archival purposes and, if applicable, Customer may, for its internal use only, print the number of copies of on-line documentation for which it has been authorized, in which event all proprietary rights notices on the Modification shall be reproduced and applied. Unless enforcement of this provision is prohibited by applicable law, Customer shall not modify, decompile, disassemble, decrypt, extract, or otherwise reverse engineer the Modification. The Modification is not designed or licensed for use in on-line control equipment in hazardous environments such as operation of nuclear facilities, aircraft navigation or control, or direct life support machines.
3. Confidentiality. The Modification is confidential and proprietary information of Sun and/or its licensors. Customer agrees to take adequate steps to protect the Modification from unauthorized disclosure or use.
4. Disclaimer of Warranty. THE MODIFICATION IS PROVIDED "AS IS", WITHOUT A WARRANTY OF ANY KIND. EXCEPT AS SPECIFIED IN THIS LICENSE, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW.
5. Limitation of Liability. IN NO EVENT WILL SUN BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Termination. This License is effective until terminated. Customer may terminate this License at any time by destroying all copies of the Modification including any documentation. This License will terminate immediately without notice from Sun if Customer fails to comply with any provision of this License. Upon termination, Customer must destroy all copies of the Modification.
7. Export Regulations. The Modification, including technical data, is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. Customer agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import the Modification.
8. U.S. Government Restricted Rights. If Customer is acquiring the Modification including accompanying documentation on behalf of the U.S. Government, the following provisions apply. If the Modification is supplied to the Department of Defense ("DOD"), the Modification is subject to "Restricted Rights", as that term is defined in the DOD Supplement to the Federal Acquisition Regulations ("DFAR") in paragraph 252.227-7013(c) (1). If the Modification is supplied to any unit or agency of the United States Government other than DOD, the Government's rights in the Modification will be as defined in paragraph 52.227-19(c) (2) of the Federal Acquisition Regulations ("FAR"). Use, duplication, reproduction or disclosure by the Government is subject to such restrictions or successor provisions. Contractor/Manufacturer is: Sun Microsystems, Inc., 2550 Garcia Ave., Mountain View, CA 94043.
9. Governing Law. This Agreement is made under, shall be governed by and construed in accordance with the laws of the State of California, U.S.A., excluding its choice of law provisions.
10. Severability. If any of the above provisions are held to be in violation of applicable law, void, or unenforceable in any jurisdiction, then such provisions are herewith waived to the extent necessary for the License to be otherwise enforceable in such jurisdiction, However, if in Sun's opinion deletion of any provisions of the License by operation of this paragraph unreasonably compromises the rights or liabilities of Sun or its licensors, Sun reserves the right to terminate the License and require the destruction or return of the Modification.
11. Integration. This Agreement is the entire agreement between Customer and Sun relating to this Modification and: (i) supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to its subject matter; and (ii) prevails over any conflicting or additional terms of any quote, order, acknowledgment, or similar communication between the parties during the term of this Agreement. No modification to the Agreement will be binding, unless in writing and signed by a duly authorized representative of each party.
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