Software from unauthorized disclosure or use.
4. Disclaimer of Warranty. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT A WARRANTY
OF ANY KIND. EXCEPT AS SPECIFIED IN THIS LICENSE, ALL EXPRESS OR IMPLIED
CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE
HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW.
5. Limitation of Liability. IN NO EVENT WILL SUN BE LIABLE FOR ANY LOST REVENUE,
PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE
DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF
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 BE LIABLE FOR ANY DAMAGES,
REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO
USE THE SOFTWARE, WHICH ARE GREATER THAN THE ACTUAL PURCHASE PRICE CUSTOMER
PAID TO SUN FOR SUCH SOFTWARE.
6. Termination. This License is effective until terminated. Customer may
terminate this License at any time by destroying all copies of the Software
including any documentation. This License will terminate immediately without
notice from Sun if Customer fails to comply with any provision of this License.
Upon termination, Customer must destroy all copies of the Software.
7. Export Regulations. The Software, including technical data, is subject to
U.S. export control laws, including the U.S. Export Administration Act and its
associated regulations, and may be subject to export or import regulations in
other countries. Customer agrees to comply strictly with all such regulations
and acknowledges that it has the responsibility to obtain licenses to export,
re-export, or import the Software.
8. U.S. Government Restricted Rights. If Customer is acquiring the Software
including accompanying documentation, if any, on behalf of the U.S. Government,
the following provisions apply. If the Software is supplied to the Department of
Defense ("DOD"\), the Software is subject to "Restricted Rights", as that term i
s
defined in the DOD Supplement to the Federal Acquisition Regulations ("DFAR") in
paragraph 252.227-7013(c) (1). If the Software is supplied to any unit or agency
of the United States Government other than DOD, the Government's rights in the
Software will be as defined in paragraph 52.227-19(c) (2) of the Federal
Acquisition Regulations ("FAR"). Use, duplication, reproduction or disclosure by
the Government is subject to such restrictions or successor provisions.
Contractor/Manufacturer is: Sun Microsystems, Inc., 2550 Garcia Ave., Mountain
View, CA 94043.
9. Governing Law. This Agreement is made under, shall be governed by and