Extreme Networks Sentriant AG Software User's Manual page 458

Licenses
4.DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,
REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EX LIMITATION OF LIABILITY. TO THE EXTENT NOT
PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA,
OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF
THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO 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's liability to you, whether in contract,
tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement. The foregoing
limitations will apply even if the above stated warranty fails of its essential purpose.
6. Termination. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying
all copies of Software. This Agreement will terminate immediately without notice from Sun if you fail to comply with any
provision of this Agreement. Upon Termination, you must destroy all copies of Software.
7. Export Regulations. All Software and technical data delivered under this Agreement are subject to US export control laws
and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and
regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may
be required after delivery to you.
8. U.S. Government Restricted Rights. If Software is being acquired by or on behalf of the U.S. Government or by a U.S.
Government prime contractor or subcontractor (at any tier), then the Government's rights in Software and accompanying
documentation will be only as set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4
(for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
9. Governing Law. Any action related to this Agreement will be governed by California law and controlling U.S. federal law.
No choice of law rules of any jurisdiction will apply.
10. Severability. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with
the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will
immediately terminate.
11. Integration. This Agreement is the entire agreement between you and Sun relating to its subject matter. It supersedes
all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over
any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties
relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless
in writing and signed by an authorized representative of each party.
JAVAMAIL(TM), VERSION 1.3.1 SUPPLEMENTAL LICENSE TERMS
These supplemental license terms ("Supplemental Terms") add to or modify the terms of the Binary Code License
Agreement (collectively, the "Agreement"). Capitalized terms not defined in these Supplemental Terms shall have the same
meanings ascribed to them in the Agreement. These Supplemental Terms shall supersede any inconsistent or conflicting
terms in the Agreement, or in any license contained within the Software.
1. Software Internal Use and Development License Grant. Subject to the terms and conditions of this Agreement, including,
but not limited to Section 3 (Java(TM) Technology Restrictions) of these Supplemental Terms, Sun grants you a non-
exclusive, non-transferable, limited license to reproduce internally and use internally the binary form of the Software,
complete and unmodified, for the sole purpose of designing, developing and testing your Java applets and applications
("Programs").
2. License to Distribute Software. Subject to the terms and conditions of this Agreement, including, but not limited to
Section 3 (Java (TM) Technology Restrictions) of these Supplemental Terms, Sun grants you a non-exclusive, non-
transferable, limited license to reproduce and distribute the Software in binary code form only, provided that (i) you
distribute the Software complete and unmodified and only bundled as part of, and for the sole purpose of running, your Java
applets or applications ("Programs"), (ii) the Programs add significant and primary functionality to the Software, (iii) you do
not distribute additional software intended to replace any component(s) of the Software, (iv) you do not remove or alter any
proprietary legends or notices contained in the Software, (v) you only distribute the Software subject to a license agreement
that protects Sun's interests consistent with the terms contained in this Agreement, and (vi) you agree to defend and
indemnify Sun and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses
(including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results
from the use or distribution of any and all Programs and/or Software.
3. Java Technology Restrictions. You may not modify the Java Platform Interface ("JPI", identified as classes contained
within the "java" package or any subpackages of the "java" package), by creating additional classes within the JPI or
otherwise causing the addition to or modification of the classes in the JPI. In the event that you create an additional class
and associated API(s) which (i) extends the functionality of the Java platform, and (ii) is exposed to third party software
developers for the purpose of developing additional software which invokes such additional API, you must promptly publish
broadly an accurate specification for such API for free use by all developers. You may not create, or authorize your licensees
to create additional classes, interfaces, or subpackages that are in any way identified as "java", "javax", "sun" or similar
convention as specified by Sun in any naming convention designation.
4. Trademarks and Logos. You acknowledge and agree as between you and Sun that Sun owns the SUN, SOLARIS, JAVA,
JINI, FORTE, STAROFFICE, STARPORTAL and iPLANET trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE, STAROFFICE,
STARPORTAL and iPLANET-related trademarks, service marks, logos and other brand designations ("Sun Marks"), and you
agree to comply with the Sun Trademark and Logo Usage Requirements currently located at
http://www.sun.com/policies/
. Any use you make of the Sun Marks inures to Sun's benefit.
trademarks
5. Source Code. Software may contain source code that is provided solely for reference purposes pursuant to the terms of
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Sentriant AG Software Users Guide, Version 5.3