3.5.1/3.6.1 HP PolyServe Matrix Server Third-Party Licenses (T5392-96021, January 2009)

18
(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.
6. 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. Upon Termination, you must
destroy all copies of Software.
7. 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 countries. You
agree to comply strictly with all such laws and regulations and acknowledge that you have the
responsibility to obtain such licenses to export, re-export, or import as may be required after delivery
to you.
8. U.S. Government Restricted Rights. If Software is being acquired by or on behalf of the U.S.
Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the
Government's rights in Software and accompanying documentation will be only as set forth in this
Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of
Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
9. Governing Law. Any action related to this Agreement will be governed by California law and
controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.
10. Severability. If any provision of this Agreement is held to be unenforceable, this Agreement will
remain in effect with the provision omitted, unless omission would frustrate the intent of the parties,
in which case this Agreement will immediately terminate.
11. Integration. This Agreement is the entire agreement between you and Sun relating to its subject
matter. It supersedes all prior or contemporaneous oral or written communications, proposals,
representations and warranties and prevails over any conflicting or additional terms of any quote,
order, acknowledgment, or other communication between the parties relating to its subject matter
during the term of this Agreement. No modification of this Agreement will be binding, unless in
writing and signed by an authorized representative of each party.
JAVAHELP(TM) VERSION 1.1.2
SUPPLEMENTAL LICENSE TERMS
These supplemental license terms ("Supplemental Terms") add to or modify the terms of the Binary
Code License Agreement (collectively, the "Agreement"). Capitalized terms not defined in these
Supplemental Terms shall have the same meanings ascribed to them in the Agreement. These
Supplemental Terms shall supersede any inconsistent or conflicting terms in the Agreement, or in any
license contained within the Software.
1. Software Internal Use and Development License Grant. Subject to the terms and conditions of
this Agreement, including, but not limited to Section 3 (Java(TM) Technology Restrictions) of these
Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license to reproduce
internally and use internally the binary form of the Software complete and unmodified for the sole
purpose of designing, developing and testing your Java applets and applications intended to run on
the Java platform ("Programs").