Motorola WiNG 5 System Reference Manual page 793

having then actually been paid by You to Original Contributor for the Original Code, Upgraded Code and TCK, depreciated
on a straight line, five year basis.
7.2. LIMITATION OF LIABILITY. TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, ORIGINAL CONTRIBUTOR'S
LIABILITY TO YOU FOR CLAIMS RELATING TO THIS LICENSE, WHETHER FOR BREACH OR IN TORT, SHALL BE LIMITED TO
ONE HUNDRED PERCENT (100%) OF THE AMOUNT HAVING THEN ACTUALLY BEEN PAID BY YOU TO ORIGINAL
CONTRIBUTOR FOR ALL COPIES LICENSED HEREUNDER OF THE PARTICULAR ITEMS GIVING RISE TO SUCH CLAIM, IF
ANY. IN NO EVENT WILL YOU (RELATIVE TO YOUR SHARED MODIFICATIONS OR ERROR CORRECTIONS) OR ORIGINAL
CONTRIBUTOR BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN
CONNECTION WITH OR ARISING OUT OF THIS LICENSE (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, USE,
DATA, OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES AND ON ANY THEORY OF LIABILITY, WHETHER IN AN
ACTION FOR CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WHETHER OR NOT YOU
OR ORIGINAL CONTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING
THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
8. Miscellaneous.
8.1. Trademark. You agree to comply with the then current
Sun Trademark & Logo Usage Requirements accessible through the SCSL Webpage. Except as expressly provided in the
License, You are granted no right, title or license to, or interest in, any Sun Trademarks. You agree not to (i) challenge
Original Contributor's ownership or use of Sun Trademarks; (ii) attempt to register any Sun Trademarks, or any mark or logo
substantially similar thereto; or (iii) incorporate any Sun Trademarks into your own trademarks, product names, service
marks, company names, or domain names.
8.2. Integration. This License represents the complete agreement concerning the subject matter hereof.
8.3. Assignment. Original Contributor may assign this License, and its rights and obligations hereunder, in its sole
discretion. You may assign the Research Use portions of this License to a third party upon prior written notice to Original
Contributor (which may be provided via the Community Web-Server). You may not assign the Commercial Use license or
TCK license, including by way of merger (regardless of whether You are the surviving entity) or acquisition, without
Original Contributor's prior written consent.
8.4. Severability. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the
extent necessary to make it enforceable. Notwithstanding the foregoing, if You are prohibited by law from fully and
specifically complying with Sections 2.2 or 3, this License will immediately terminate and You must immediately
discontinue any use of Covered Code.
8.5. Governing Law. This License shall be governed by the laws of the United States and the State of California, as applied
to contracts entered into and to be performed in California between California residents. The application of the United
Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
8.6. Dispute Resolution.
a) Any dispute arising out of or relating to this License shall be finally settled by arbitration as set out herein, except
that either party may bring any action, in a court of competent jurisdiction (which jurisdiction shall be exclusive), with
respect to any dispute relating to such party's Intellectual Property Rights or with respect to Your compliance with the
TCK license. Arbitration shall be administered: (i) by the American Arbitration Association (AAA), (ii) in accordance
with the rules of the United Nations Commission on International Trade Law (UNCITRAL) (the "Rules") in effect at the
time of arbitration as modified herein; and (iii) the arbitrator will apply the substantive laws of California and United
States. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction to enforce
such award.
b) All arbitration proceedings shall be conducted in English by a single arbitrator selected in accordance with the Rules,
who must be fluent in English and be either a retired judge or practicing attorney having at least ten (10) years litigation
experience and be reasonably familiar with the technology matters relative to the dispute. Unless otherwise agreed,
arbitration venue shall be in London, Tokyo, or San Francisco, whichever is closest to defendant's principal business
office. The arbitrator may award monetary damages only and nothing shall preclude either party from seeking
Appendix B Publicly Available Software B - 31