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1 | SUN MICROSYSTEMS, INC. THROUGH ITS SUN MICROSYSTEMS LABORATORIES | ||
2 | DIVISION ("SUN") WILL LICENSE THIS SOFTWARE AND THE ACCOMPANYING | ||
3 | DOCUMENTATION TO YOU (a "Licensee") ONLY ON YOUR ACCEPTANCE OF ALL | ||
4 | THE TERMS SET FORTH BELOW. | ||
5 | |||
6 | Sun grants Licensee a non-exclusive, royalty-free right to download, | ||
7 | install, compile, use, copy and distribute the Software, modify or | ||
8 | otherwise create derivative works from the Software (each, a | ||
9 | "Modification") and distribute any Modification in source code and/or | ||
10 | binary code form to its customers with a license agreement containing | ||
11 | these terms and noting that the Software has been modified. The | ||
12 | Software is copyrighted by Sun and other third parties and Licensee | ||
13 | shall retain and reproduce all copyright and other notices presently | ||
14 | on the Software. As between Sun and Licensee, Sun is the sole owner of | ||
15 | all rights in and to the Software other than the limited rights | ||
16 | granted to Licensee herein; Licensee will own its Modifications, | ||
17 | expressly subject to Sun's continuing ownership of the | ||
18 | Software. Licensee will, at its expense, defend and indemnify Sun and | ||
19 | its licensors from and against any third party claims, including costs | ||
20 | and reasonable attorneys' fees, and be wholly responsible for any | ||
21 | liabilities arising out of or related to Licensee's development, use | ||
22 | or distribution of the Software or Modifications. Any distribution of | ||
23 | the Software and Modifications must comply with all applicable United | ||
24 | States export control laws. | ||
25 | |||
26 | THE SOFTWARE IS BEING PROVIDED TO LICENSEE "AS IS" AND ALL EXPRESS OR | ||
27 | IMPLIED CONDITIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF | ||
28 | MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, | ||
29 | ARE DISCLAIMED. IN NO EVENT WILL SUN BE LIABLE HEREUNDER FOR ANY | ||
30 | DIRECT DAMAGES OR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR | ||
31 | CONSEQUENTIAL DAMAGES OF ANY KIND. | ||