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

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entire liability under this limited warranty will be at Sun's option to replace Software media
or refund the fee paid for Software. Any implied warranties on the Software are limited to 90
days. Some states do not allow limitations on duration of an implied warranty, so the above
may not apply to you. This limited warranty gives you specific legal rights. You may have
others, which vary from state to state.
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. 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.
8. 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.
9. TRADEMARKS AND LOGOS. You acknowledge and agree as between you and Sun that
Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET trademarks and all SUN,
SOLARIS, JAVA, JINI, FORTE, and iPLANET-related trademarks, service marks, logos and
other brand designations ("Sun Marks"), and you agree to comply with the Sun Trademark
and Logo Usage Requirements currently located at http://www.sun.com/policies/trademarks.
Any use you make of the Sun Marks inures to Sun's benefit.
10. 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).
11. 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.
12. 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.
13. 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