Open Source and Third-Party Software License Agreements, September 2011

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trademark, service mark, logo or trade name of Sun or its licensors is granted under this
Agreement.
3. LIMITED WARRANTY. Sun warrants to you that for a period of ninety (90) days from the
date of purchase, as evidenced by a copy of the receipt, the media on which Software is
furnished (if any) will be free of defects in materials and workmanship under normal use.
Except for the foregoing, Software is provided "AS IS". Your exclusive remedy and Sun's
entire liability under this limited warranty will be at Sun's option to replace Software media
or refund the fee paid for Software.
4. 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.
5. 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.
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 C.F.R. 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.