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215 lines
9.4 KiB
Plaintext
215 lines
9.4 KiB
Plaintext
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Sun Microsystems, Inc.
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Binary Code License Agreement
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READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED
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SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT")
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CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA PACKAGE.
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BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO
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THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING THE
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SOFTWARE ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF
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THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE
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END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL
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THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO
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YOUR PLACE OF PURCHASE FOR A REFUND OR, IF THE
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SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE
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"DECLINE" BUTTON AT THE END OF THIS AGREEMENT.
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1. LICENSE TO USE. Sun grants you a non-exclusive
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and non-transferable license for the internal use only
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of the accompanying software and documentation and any
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error corrections provided by Sun (collectively
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"Software"), by the number of users and the class of
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computer hardware for which the corresponding fee has
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been paid.
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2. RESTRICTIONS. Software is confidential and
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copyrighted. Title to Software and all associated
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intellectual property rights is retained by Sun and/or
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its licensors. Except as specifically authorized in
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any Supplemental License Terms, you may not make
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copies of Software, other than a single copy of
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Software for archival purposes. Unless enforcement is
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prohibited by applicable law, you may not modify,
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decompile, or reverse engineer Software. Licensee
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acknowledges that Licensed Software is not designed or
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intended for use in the design, construction,
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operation or maintenance of any nuclear facility. Sun
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Microsystems, Inc. disclaims any express or implied
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warranty of fitness for such uses. No right, title
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or interest in or to any trademark, service mark, logo
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or trade name of Sun or its licensors is granted under
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this Agreement.
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3. LIMITED WARRANTY. Sun warrants to you that for a
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period of ninety (90) days from the date of purchase,
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as evidenced by a copy of the receipt, the media on
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which Software is furnished (if any) will be free of
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defects in materials and workmanship under normal use.
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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
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replace Software media or refund the fee paid for
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Software.
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4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS
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AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,
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REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED
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WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
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PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO
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THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE
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LEGALLY INVALID.
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5. LIMITATION OF LIABILITY. TO THE EXTENT NOT
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PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS
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LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR
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DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL,
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INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED
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REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF
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OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE,
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EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF
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SUCH DAMAGES. In no event will Sun's liability to
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you, whether in contract, tort (including negligence),
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or otherwise, exceed the amount paid by you for
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Software under this Agreement. The foregoing
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limitations will apply even if the above stated
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warranty fails of its essential purpose.
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6. Termination. This Agreement is effective until
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terminated. You may terminate this Agreement at any
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time by destroying all copies of Software. This
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Agreement will terminate immediately without notice
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from Sun if you fail to comply with any provision of
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this Agreement. Upon Termination, you must destroy
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all copies of Software.
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7. Export Regulations. All Software and technical
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data delivered under this Agreement are subject to US
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export control laws and may be subject to export or
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import regulations in other countries. You agree to
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comply strictly with all such laws and regulations and
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acknowledge that you have the responsibility to obtain
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such licenses to export, re-export, or import as may
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be required after delivery to you.
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8. U.S. Government Restricted Rights. If Software is
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being acquired by or on behalf of the U.S. Government
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or by a U.S. Government prime contractor or
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subcontractor (at any tier), then the Government's
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rights in Software and accompanying documentation will
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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
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(for Department of Defense (DOD) acquisitions) and
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with 48 CFR 2.101 and 12.212 (for non-DOD
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acquisitions).
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9. Governing Law. Any action related to this
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Agreement will be governed by California law and
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controlling U.S. federal law. No choice of law rules
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of any jurisdiction will apply.
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10. Severability. If any provision of this Agreement
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is held to be unenforceable, this Agreement will
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remain in effect with the provision omitted, unless
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omission would frustrate the intent of the parties, in
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which case this Agreement will immediately terminate.
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11. Integration. This Agreement is the entire
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agreement between you and Sun relating to its subject
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matter. It supersedes all prior or contemporaneous
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oral or written communications, proposals,
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representations and warranties and prevails over any
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conflicting or additional terms of any quote, order,
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acknowledgment, or other communication between the
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parties relating to its subject matter during the term
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of this Agreement. No modification of this Agreement
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will be binding, unless in writing and signed by an
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authorized representative of each party.
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JAVAMAIL, VERSION 1.3.2
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SUPPLEMENTAL LICENSE TERMS
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These supplemental license terms ("Supplemental
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Terms") add to or modify the terms of the Binary Code
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License Agreement (collectively, the "Agreement").
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Capitalized terms not defined in these Supplemental
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Terms shall have the same meanings ascribed to them in
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the Agreement. These Supplemental Terms shall
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supersede any inconsistent or conflicting terms in the
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Agreement, or in any license contained within the
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Software.
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1. Software Internal Use and Development License
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Grant. Subject to the terms and conditions of this
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Agreement, including, but not limited to Section 3
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(Java Technology Restrictions) of these Supplemental
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Terms, Sun grants you a non-exclusive,
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non-transferable, limited license to reproduce
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internally and use internally the binary form of the
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Software, complete and unmodified, for the sole
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purpose of designing, developing and testing your Java
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applets and applications ("Programs").
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2. License to Distribute Software. Subject to the
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terms and conditions of this Agreement, including, but
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not limited to Section 3 (Java Technology
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Restrictions) of these Supplemental Terms, Sun grants
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you a non-exclusive, non-transferable, limited license
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to reproduce and distribute the Software in binary
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code form only, provided that (i) you distribute the
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Software complete and unmodified and only bundled as
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part of, and for the sole purpose of running, your
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Java applets or applications ("Programs"), (ii) the
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Programs add significant and primary functionality to
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the Software, (iii) you do not distribute additional
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software intended to replace any component(s) of the
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Software, (iv) you do not remove or alter any
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proprietary legends or notices contained in the
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Software, (v) you only distribute the Software subject
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to a license agreement that protects Sun's interests
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consistent with the terms contained in this Agreement,
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and (vi) you agree to defend and indemnify Sun and its
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licensors from and against any damages, costs,
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liabilities, settlement amounts and/or expenses
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(including attorneys' fees) incurred in connection
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with any claim, lawsuit or action by any third party
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that arises or results from the use or distribution of
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any and all Programs and/or Software.
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3. Java Technology Restrictions. You may not create,
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modify, or change the behavior of, or authorize your
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licensees to create, modify, or change the behavior
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of, classes, interfaces, or subpackages that are in
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any way identified as "java", "javax", "sun"
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or
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similar convention as specified by Sun in any naming
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convention designation.
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4. Trademarks and Logos. You acknowledge and agree as
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between you and Sun that Sun owns the SUN, SOLARIS,
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JAVA, JINI, FORTE, STAROFFICE, STARPORTAL and iPLANET
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trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE,
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STAROFFICE, STARPORTAL and iPLANET-related trademarks,
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service marks, logos and other brand designations
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("Sun Marks"), and you agree to comply with the Sun
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Trademark and Logo Usage Requirements currently
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located at http://www.sun.com/policies/trademarks. Any
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use you make of the Sun Marks inures to Sun's benefit.
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5. Source Code. Software may contain source code that
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is provided solely for reference purposes pursuant to
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the terms of this Agreement. Source code may not be
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redistributed unless expressly provided for in this
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Agreement.
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6. Termination for Infringement. Either party may
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terminate this Agreement immediately should any
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Software become, or in either party's opinion be
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likely to become, the subject of a claim of
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infringement of any intellectual property right.
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For inquiries please contact: Sun Microsystems, Inc.,
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4150 Network Circle, Santa Clara, California 95054,
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U.S.A
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(LFI#143977/Form ID#011801)
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