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5. LIMITATION OF LIABILITY. IN NO EVENT SHALL ORACLE BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR
DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR
ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF ORACLE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ORACLE'S ENTIRE
LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED ONE THOUSAND
DOLLARS (U.S. $1,000).
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 Oracle if you
fail to comply with any provision of this Agreement. Either party may
terminate this Agreement immediately should any Software become, or in
either party's opinion be likely to become, the subject of a claim of
infringement of any intellectual property right. Upon termination, you must
destroy all copies of Software.
7. EXPORT REGULATIONS. You agree that U.S. export control laws and other
applicable export and import laws govern your use of the Software,
including technical data; additional information can be found on Oracle's
Global Trade Compliance web site (http://www.oracle.com/products/export).
You agree that neither the Software nor any direct product thereof will be
exported, directly, or indirectly, in violation of these laws, or will be
used for any purpose prohibited by these laws including, without
limitation, nuclear, chemical, or biological weapons proliferation.
8. TRADEMARKS AND LOGOS. You acknowledge and agree as between you and
Oracle that Oracle owns the ORACLE and JAVA trademarks and all ORACLE- and
JAVA-related trademarks, service marks, logos and other brand designations
("Oracle Marks"), and you agree to comply with the Third Party Usage
Guidelines for Oracle Trademarks currently located at
http://www.oracle.com/us/legal/third-party-trademarks/index.html. Any use
you make of the Oracle Marks inures to Oracle's benefit.
9. U.S. GOVERNMENT LICENSE 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 shall be only those set forth in this Agreement.
584
ETERNUS CS800
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