root/PSi/PNK2.2/License-RI.html @ 96454bcd
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<P ALIGN=CENTER><FONT SIZE=4>Sun Microsystems, Inc.</FONT> <BR><FONT SIZE=4>Binary
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Code License Agreement</FONT></P>
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<P>READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL
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LICENSE TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE
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OPENING THE SOFTWARE MEDIA PACKAGE. BY OPENING THE SOFTWARE
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MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU
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ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE YOUR ACCEPTANCE
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OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END
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OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE TERMS,
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PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE FOR A
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REFUND OR, IF THE SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE
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"DECLINE" BUTTON AT THE END OF THIS AGREEMENT.
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</P>
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<P><B>1. LICENSE TO USE.</B> Sun grants you a
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non-exclusive and non-transferable license for the internal use only
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of the accompanying software and documentation and any error
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corrections provided by Sun (collectively "Software"), by
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the number of users and the class of computer hardware for which the
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corresponding fee has been paid.
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</P>
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<P><B>2. RESTRICTIONS. </B> Software is confidential and
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copyrighted. Title to Software and all associated intellectual
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property rights is retained by Sun and/or its licensors. Except
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as specifically authorized in any Supplemental License Terms, you may
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not make copies of Software, other than a single copy of Software for
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archival purposes. Unless enforcement is prohibited by
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applicable law, you may not modify, decompile, or reverse engineer
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Software. You acknowledge that Software is not designed,
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licensed or intended for use in the design, construction, operation
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or maintenance of any nuclear facility. Sun disclaims any
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express or implied warranty of fitness for such uses. No right,
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title or interest in or to any trademark, service mark, logo or trade
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name of Sun or its licensors is granted under this Agreement.
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</P>
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<P><B>3. LIMITED WARRANTY.</B> Sun warrants to you that for a
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period of ninety (90) days from the date of purchase, as evidenced by
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a copy of the receipt, the media on which Software is furnished (if
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any) will be free of defects in materials and workmanship under
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normal use. Except for the foregoing, Software is provided "AS
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IS". Your exclusive remedy and Sun's entire liability
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under this limited warranty will be at Sun's option to replace
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Software media or refund the fee paid for Software.
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</P>
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<P><B>4. DISCLAIMER OF WARRANTY. </B> UNLESS SPECIFIED IN
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THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS
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AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY,
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FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED,
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EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY
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INVALID.
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</P>
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<P><B>5. LIMITATION OF LIABILITY.</B> TO THE EXTENT NOT
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PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE
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FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT,
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CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED
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REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO
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THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED
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OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun's
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liability to you, whether in contract, tort (including negligence),
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or otherwise, exceed the amount paid by you for Software under this
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Agreement. The foregoing limitations will apply even if the
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above stated warranty fails of its essential purpose.
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</P>
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<P><B>6. Termination.</B> This Agreement is effective
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until terminated. You may terminate this Agreement at any time
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by destroying all copies of Software. This Agreement will
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terminate immediately without notice from Sun if you fail to comply
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with any provision of this Agreement. Upon Termination, you
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must destroy all copies of Software.
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</P>
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<P><B>7. Export Regulations.</B> All Software and technical data
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delivered under this Agreement are subject to US export control laws
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and may be subject to export or import regulations in other
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countries. You agree to comply strictly with all such laws and
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regulations and acknowledge that you have the responsibility to
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obtain such licenses to export, re-export, or import as may be
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required after delivery to you.
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</P>
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<P><B>8. U.S. Government Restricted Rights. </B> If
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Software is being acquired by or on behalf of the U.S. Government or
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by a U.S. Government prime contractor or subcontractor (at any tier),
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then the Government's rights in Software and accompanying
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documentation will be only as set forth in this Agreement; this is in
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accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of
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Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for
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non-DOD acquisitions).
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</P>
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<P><B>9. Governing Law.</B> Any action related to this
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Agreement will be governed by California law and controlling U.S.
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federal law. No choice of law rules of any jurisdiction will
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apply.
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</P>
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<P><B>10. Severability.</B> If any provision of this Agreement
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is held to be unenforceable, this Agreement will remain in effect
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with the provision omitted, unless omission would frustrate the
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intent of the parties, in which case this Agreement will immediately
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terminate.
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</P>
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<P><B>11. Integration.</B> This Agreement is the entire
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agreement between you and Sun relating to its subject matter.
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It supersedes all prior or contemporaneous oral or written
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communications, proposals, representations and warranties and
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prevails over any conflicting or additional terms of any quote,
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order, acknowledgment, or other communication between the parties
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relating to its subject matter during the term of this Agreement.
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No modification of this Agreement will be binding, unless in writing
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and signed by an authorized representative of each party.
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</P>
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<P ALIGN=CENTER>JAVA(TM) INTERFACE CLASSES <BR><BR>JAVA API FOR XML
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PROCESSING (JAXP), VERSION 1.1 <BR>SUPPLEMENTAL LICENSE TERMS</P>
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<P>These supplemental license terms ("Supplemental Terms")
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add to or modify the terms of the Binary Code License Agreement
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(collectively, the "Agreement"). Capitalized terms not
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defined in these Supplemental Terms shall have the same meanings
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ascribed to them in the Agreement. These Supplemental Terms shall
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supersede any inconsistent or conflicting terms in the Agreement, or
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in any license contained within the Software.
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</P>
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<P><B>1. Software Internal Use and Development License Grant.</B>
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Subject to the terms and conditions of this Agreement, including, but
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not limited to Section 3 (Java(TM) Technology Restrictions) of these
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Supplemental Terms, Sun grants you a non-exclusive, non-transferable,
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limited license to reproduce internally and use internally the binary
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form of the Software, complete and unmodified, for the sole purpose
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of designing, developing and testing your Java applets and
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applications ("Programs").
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</P>
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<P><B>2. License to Distribute Software.</B> In addition to the
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license granted in Section 1 (Software Internal Use and Development
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License Grant) of these Supplemental Terms, subject to the terms and
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conditions of this Agreement, including but not limited to Section 3
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(Java Technology Restrictions), Sun grants you a non-exclusive,
|
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non-transferable, limited license to reproduce and distribute the
|
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Software in binary form, provided that you (i) distribute the
|
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Software complete and unmodified and only bundled as part of your
|
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Programs, (ii) do not distribute additional software intended to
|
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replace any component(s) of the Software, (iii) do not remove or
|
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alter any proprietary legends or notices contained in the Software,
|
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(iv) only distribute the Software subject to a license agreement that
|
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protects Sun's interests consistent with the terms contained in this
|
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Agreement, and (v) agree to defend and indemnify Sun and its
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licensors from and against any damages, costs, liabilities,
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settlement amounts and/or expenses (including attorneys' fees)
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incurred in connection with any claim, lawsuit or action by any third
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party that arises or results from the use or distribution of any and
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all Programs and/or Software.
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</P>
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<P><B>3. Java Technology Restrictions.</B> You may not modify the
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Java Platform Interface ("JPI", identified as classes
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contained within the "java" package or any subpackages of
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the "java" package), by creating additional classes within
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the JPI or otherwise causing the addition to or modification of the
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classes in the JPI. In the event that you create an additional
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class and associated API(s) which (i) extends the functionality of
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the Java platform, and (ii) is exposed to third party software
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developers for the purpose of developing additional software which
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invokes such additional API, you must promptly publish broadly an
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accurate specification for such API for free use by all developers.
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You may not create, or authorize your licensees to create additional
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classes, interfaces, or subpackages that are in any way identified as
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"java", "javax", "sun" or similar
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convention as specified by Sun in any naming convention designation.</P>
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<P><B>4. Trademarks and Logos.</B> You acknowledge and agree as
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between you and Sun that Sun owns the SUN, SOLARIS, JAVA, JINI,
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FORTE, STAROFFICE, STARPORTAL and iPLANET trademarks and all SUN,
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SOLARIS, JAVA, JINI, FORTE, STAROFFICE, STARPORTAL and
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iPLANET-related trademarks, service marks, logos and other brand
|
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designations ("Sun Marks"), and you agree to comply with
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the Sun Trademark and Logo Usage Requirements currently located at
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http://www.sun.com/policies/trademarks. Any use you make of the Sun
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Marks inures to Sun's benefit.
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</P>
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<P><B>5. Source Code. </B>Software may contain source code that is
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provided for reference purposes pursuant to the terms of this
|
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Agreement. Source code may not be redistributed unless expressly
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provided for in this Agreement. <SPAN STYLE="font-weight: medium">Portions
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of this download are governed by the Apache Source Code License and
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are identified in the Readme file. A copy of the Apache License is
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supplied with the Apache Source Code.</SPAN></P>
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<P><B>6. Termination for Infringement. </B> Either party may
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terminate this Agreement immediately should any Software become, or
|
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in either party's opinion be likely to become, the subject of a claim
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of infringement of any intellectual property right.
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</P>
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<P>For inquiries please contact: Sun Microsystems, Inc. 901 San
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Antonio Road, Palo Alto, California 94303 <BR><I><FONT SIZE=2>(Form
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last modified 11-03-2000.)</FONT></I>
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</P>
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