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Open Source Information_58
rights not expressly granted.
b. You may make a single archival copy of Software, but otherwise may not copy, modify, or distribute Software. How-
everiftheSundocumentationaccompanyingSoftwarelistsspecicportionsofSoftware,suchasheaderles,class
libraries,referencesourcecode,and/orredistributableles,thatmaybehandleddifferently,youmaydosoonlyas
provided in the Sun documentation.
c. You may not rent, lease, lend or encumber Software.
d. Unless enforcement is prohibited by applicable law, you may not decompile, or reverse engineer Software.
e. The terms and conditions of this Agreement will apply to any Software updates, provided to you at Sun’s discretion,
that replace and/or supplement the original Software, unless such update contains a separate license.
f. You may not publish or provide the results of any benchmark or comparison tests run on Software to any third party
without the prior written consent of Sun.
g. Softwareiscondentialandcopyrighted.
h. Unlessotherwisespecied,ifSoftwareisdeliveredwithembeddedorbundledsoftwarethatenablesfunctionalityof
Software, you may not use such software on a stand-alone basis or use any portion of such software to interoperate
with any program(s) other than Software.
i. Software may contain programs that perform automated collection of system data and/or automated software updat-
ing services. System data collected through such programs may be used by Sun, its subcontractors, and its service
delivery partners for the purpose of providing you with remote system services and/or improving Sun’s software and
systems.
j. Software is not designed, licensed or intended for use in the design, construction, operation or maintenance of any
nuclearfacilityandSunanditslicensorsdisclaimanyexpressorimpliedwarrantyoftnessforsuchuses.
k. No right, title or interest in or to any trademark, service mark, logo or trade name of Sun or its licensors is granted
under this Agreement.
6. Term and Termination.
The license and service term are set forth in your Entitlement(s). Your rights under this Agreement will terminate
immediately without notice from Sun if you materially breach it or take any action in derogation of Sun’s and/or its
licensors’ rights to Software. Sun may terminate this Agreement should any Software become, or in Sun’s reasonable
opinion likely to become, the subject of a claim of intellectual property infringement or trade secret misappropriation. Upon
termination,youwillceaseuseof,anddestroy,SoftwareandconrmcomplianceinwritingtoSun.Sections1,5,6,7,
and 9-15 will survive termination of the Agreement.
7. Java Compatibility and Open Source.
SoftwaremaycontainJavatechnology.Youmaynotcreateadditionalclassesto,ormodicationsof,theJavatechnology,
except under compatibility requirements available under a separate agreement available at www.java.net.
Sunsupportsandbenetsfromtheglobalcommunityofopensourcedevelopers,andthanksthecommunityforits
important contributions and open standards-based technology, which Sun has adopted into many of its products.
Please note that portions of Software may be provided with notices and open source licenses from such communities
and third parties that govern the use of those portions, and any licenses granted hereunder do not alter any rights and
obligations you may have under such open source licenses, however, the disclaimer of warranty and limitation of liability
provisions in this Agreement will apply to all Software in this distribution.
8. Limited Warranty.
Sun warrants to you that for a period of 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. Some states do not allow
limitationsoncertainimpliedwarranties,sotheabovemaynotapplytoyou.Thislimitedwarrantygivesyouspeciclegal
rights. You may have others, which vary from state to state.
9. 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.
10. 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.
11. Export Regulations.
All Software, documents, technical data, and any other materials delivered under this Agreement are subject to U.S.