Fujitsu ETERNUS CS800 S6 User Manual page 542

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.
10. GOVERNING LAW. This agreement is governed by the substantive and procedural laws
of California. You and Oracle agree to submit to the exclusive jurisdiction of, and venue in,
the courts of San Francisco, or Santa Clara counties in California in any dispute arising out
of or relating to this agreement.
11. 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
ETERNUS CS800 542