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245 lines
10 KiB
245 lines
10 KiB
SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE
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THIS SPECIFICATION TO YOU ONLY UPON THE CONDITION THAT
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YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS
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AGREEMENT. PLEASE READ THE TERMS AND CONDITIONS OF
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THIS AGREEMENT CAREFULLY. BY DOWNLOADING THIS
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SPECIFICATION, YOU ACCEPT THE TERMS AND CONDITIONS OF
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THE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY
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IT, SELECT THE "DECLINE" BUTTON AT THE BOTTOM OF THIS
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PAGE.
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Specification: JAVA PLATFORM, STANDARD EDITION
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("Specification")
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Version: 6
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Status: Final Release
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Release: December 7, 2006
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Copyright 2006 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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All rights reserved.
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LIMITED LICENSE GRANTS
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1. License for Evaluation Purposes. Sun hereby grants
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you a fully-paid, non-exclusive, non-transferable,
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worldwide, limited license (without the right to
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sublicense), under Sun's applicable intellectual
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property rights to view, download, use and reproduce
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the Specification only for the purpose of internal
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evaluation. This includes (i) developing applications
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intended to run on an implementation of the
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Specification, provided that such applications do not
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themselves implement any portion(s) of the
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Specification, and (ii) discussing the Specification
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with any third party; and (iii) excerpting brief
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portions of the Specification in oral or written
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communications which discuss the Specification
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provided that such excerpts do not in the aggregate
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constitute a significant portion of the Specification.
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2. License for the Distribution of Compliant
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Implementations. Sun also grants you a perpetual,
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non-exclusive, non-transferable, worldwide, fully
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paid-up, royalty free, limited license (without the
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right to sublicense) under any applicable copyrights
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or, subject to the provisions of subsection 4 below,
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patent rights it may have covering the Specification
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to create and/or distribute an Independent
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Implementation of the Specification that: (a) fully
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implements the Specification including all its
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required interfaces and functionality; (b) does not
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modify, subset, superset or otherwise extend the
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Licensor Name Space, or include any public or
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protected packages, classes, Java interfaces, fields
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or methods within the Licensor Name Space other than
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those required/authorized by the Specification or
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Specifications being implemented; and (c) passes the
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Technology Compatibility Kit (including satisfying the
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requirements of the applicable TCK Users Guide) for
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such Specification ("Compliant Implementation"). In
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addition, the foregoing license is expressly
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conditioned on your not acting outside its scope. No
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license is granted hereunder for any other purpose
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(including, for example, modifying the Specification,
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other than to the extent of your fair use rights, or
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distributing the Specification to third parties).
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Also, no right, title, or interest in or to any
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trademarks, service marks, or trade names of Sun or
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Sun's licensors is granted hereunder. Java, and
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Java-related logos, marks and names are trademarks or
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registered trademarks of Sun Microsystems, Inc. in the
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U.S. and other countries.
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3. Pass-through Conditions. You need not include
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limitations (a)-(c) from the previous paragraph or any
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other particular "pass through" requirements in any
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license You grant concerning the use of your
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Independent Implementation or products derived from
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it. However, except with respect to Independent
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Implementations (and products derived from them) that
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satisfy limitations (a)-(c) from the previous
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paragraph, You may neither: (a) grant or otherwise
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pass through to your licensees any licenses under
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Sun's applicable intellectual property rights; nor
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(b) authorize your licensees to make any claims
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concerning their implementation's compliance with the
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Specification in question.
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4. Reciprocity Concerning Patent Licenses.
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a. With respect to any patent claims covered
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by the license granted under subparagraph 2 above that
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would be infringed by all technically feasible
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implementations of the Specification, such license is
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conditioned upon your offering on fair, reasonable and
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non-discriminatory terms, to any party seeking it from
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You, a perpetual, non-exclusive, non-transferable,
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worldwide license under Your patent rights which are
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or would be infringed by all technically feasible
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implementations of the Specification to develop,
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distribute and use a Compliant Implementation.
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b With respect to any patent claims owned by
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Sun and covered by the license granted under
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subparagraph 2, whether or not their infringement can
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be avoided in a technically feasible manner when
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implementing the Specification, such license shall
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terminate with respect to such claims if You initiate
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a claim against Sun that it has, in the course of
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performing its responsibilities as the Specification
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Lead, induced any other entity to infringe Your patent
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rights.
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c Also with respect to any patent claims
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owned by Sun and covered by the license granted under
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subparagraph 2 above, where the infringement of such
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claims can be avoided in a technically feasible manner
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when implementing the Specification such license, with
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respect to such claims, shall terminate if You
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initiate a claim against Sun that its making, having
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made, using, offering to sell, selling or importing a
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Compliant Implementation infringes Your patent rights.
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5. Definitions. For the purposes of this Agreement:
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"Independent Implementation" shall mean an
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implementation of the Specification that neither
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derives from any of Sun's source code or binary code
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materials nor, except with an appropriate and separate
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license from Sun, includes any of Sun's source code
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or binary code materials; "Licensor Name Space" shall
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mean the public class or interface declarations whose
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names begin with "java", "javax", "com.sun" or their
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equivalents in any subsequent naming convention
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adopted by Sun through the Java Community Process, or
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any recognized successors or replacements thereof; and
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"Technology Compatibility Kit" or "TCK" shall mean the
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test suite and accompanying TCK User's Guide provided
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by Sun which corresponds to the Specification and
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that was available either (i) from Sun's 120 days
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before the first release of Your Independent
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Implementation that allows its use for commercial
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purposes, or (ii) more recently than 120 days from
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such release but against which You elect to test Your
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implementation of the Specification.
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This Agreement will terminate immediately without
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notice from Sun if you breach the Agreement or act
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outside the scope of the licenses granted above.
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DISCLAIMER OF WARRANTIES
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THE SPECIFICATION IS PROVIDED "AS IS". SUN MAKES NO
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REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR
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IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF
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MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
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NON-INFRINGEMENT (INCLUDING AS A CONSEQUENCE OF ANY
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PRACTICE OR IMPLEMENTATION OF THE SPECIFICATION), OR
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THAT THE CONTENTS OF THE SPECIFICATION ARE SUITABLE
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FOR ANY PURPOSE. This document does not represent any
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commitment to release or implement any portion of the
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Specification in any product. In addition, the
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Specification could include technical inaccuracies or
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typographical errors.
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LIMITATION OF LIABILITY
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TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL
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SUN OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES,
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INCLUDING WITHOUT LIMITATION, LOST REVENUE, PROFITS OR
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DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL,
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INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND
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REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF
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OR RELATED IN ANY WAY TO YOUR HAVING, IMPELEMENTING OR
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OTHERWISE USING USING THE SPECIFICATION, EVEN IF SUN
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AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE
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POSSIBILITY OF SUCH DAMAGES.
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You will indemnify, hold harmless, and defend Sun and
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its licensors from any claims arising or resulting
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from: (i) your use of the Specification; (ii) the use
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or distribution of your Java application, applet
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and/or implementation; and/or (iii) any claims that
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later versions or releases of any Specification
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furnished to you are incompatible with the
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Specification provided to you under this license.
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RESTRICTED RIGHTS LEGEND
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U.S. Government: If this Specification is being
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acquired by or on behalf of the U.S. Government or by
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a U.S. Government prime contractor or subcontractor
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(at any tier), then the Government's rights in the
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Software and accompanying documentation shall be only
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as set forth in this license; this is in accordance
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with 48 C.F.R. 227.7201 through 227.7202-4 (for
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Department of Defense (DoD) acquisitions) and with 48
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C.F.R. 2.101 and 12.212 (for non-DoD acquisitions).
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REPORT
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If you provide Sun with any comments or suggestions
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concerning the Specification ("Feedback"), you hereby:
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(i) agree that such Feedback is provided on a
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non-proprietary and non-confidential basis, and (ii)
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grant Sun a perpetual, non-exclusive, worldwide, fully
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paid-up, irrevocable license, with the right to
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sublicense through multiple levels of sublicensees, to
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incorporate, disclose, and use without limitation the
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Feedback for any purpose.
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GENERAL TERMS
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Any action related to this Agreement will be governed
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by California law and controlling U.S. federal law.
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The U.N. Convention for the International Sale of
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Goods and the choice of law rules of any jurisdiction
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will not apply.
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The Specification is subject to U.S. export control
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laws and may be subject to export or import
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regulations in other countries. Licensee agrees to
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comply strictly with all such laws and regulations and
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acknowledges that it has the responsibility to obtain
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such licenses to export, re-export or import as may be
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required after delivery to Licensee.
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This Agreement is the parties' entire agreement
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relating to its subject matter. It supersedes all
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prior or contemporaneous oral or written
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communications, proposals, conditions, representations
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and warranties and prevails over any conflicting or
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additional terms of any quote, order, acknowledgment,
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or other communication between the parties relating to
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its subject matter during the term of this Agreement.
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No modification to this Agreement will be binding,
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unless in writing and signed by an authorized
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representative of each party.
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Rev. April, 2006
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