HP StorageWorks Clustered File System 3.6.0 Third Party Licenses (403106-006, January 2009)

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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 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.
SUPPLEMENTAL LICENSE TERMS
These Supplemental License Terms add to or modify the terms of the Binary Code License Agreement.
Capitalized terms not defined in these Supplemental Terms shall have the same meanings ascribed to
them in the Binary Code License Agreement . These Supplemental Terms shall supersede any
inconsistent or conflicting terms in the Binary Code License Agreement, or in any license contained
within the Software.