3.4.0/3.5.1 Matrix Server Third-Party Licenses

5. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR

IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED

WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-

INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS

ARE HELD TO BE LEGALLY INVALID.

6. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL

SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR

SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER

CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO

THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE

POSSIBILITY OF SUCH DAMAGES. In no event will Sun’s liability to you, whether in contract, tort

(including negligence), or otherwise, exceed the amount paid by you for Software under this

Agreement. The foregoing limitations will apply even if the above stated warranty fails of its

essential purpose. Some states do not allow the exclusion of incidental or consequential damages,

so some of the terms above may not be applicable to you.

7. SOFTWARE UPDATES FROM SUN. You acknowledge that at your request or consent optional

features of the Software may download, install, and execute applets, applications, software

extensions, and updated versions of the Software from Sun (“Software Updates”), which may

require you to accept updated terms and conditions for installation. If additional terms and conditions

are not presented on installation, the Software Updates will be considered part of the Software and

subject to the terms and conditions of the Agreement.

8. SOFTWARE FROM SOURCES OTHER THAN SUN. You acknowledge that, by your use of optional

features of the Software and/or by requesting services that require use of the optional features of the

Software, the Software may automatically download, install, and execute software applications from

sources other than Sun (“Other Software”). Sun makes no representations of a relationship of any

kind to licensors of Other Software. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT

WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR

FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES,

HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR

RELATED TO THE USE OF OR INABILITY TO USE OTHER SOFTWARE, EVEN IF SUN HAS

BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the

exclusion of incidental or consequential damages, so some of the terms above may not be

applicable to you.

9. TERMINATION. This Agreement is effective until terminated. You may terminate this Agreement at

any time by destroying all copies of Software. This Agreement will terminate immediately without

notice from Sun if you fail to comply with any provision of this Agreement. Either party may terminate

this Agreement immediately should any Software become, or in either party’s opinion be likely to

become, the subject of a claim of infringement of any intellectual property right. Upon Termination,

you must destroy all copies of Software.

10. EXPORT REGULATIONS. All Software and technical data delivered under this Agreement are

subject to US export control laws and may be subject to export or import regulations in other

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you have the responsibility to obtain such licenses to export, re-export, or import as may be required

after delivery to you.