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