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licenses/J2ME WTK BinaryLicense.html
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licenses/J2ME WTK BinaryLicense.html
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<!DOCTYPE html PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN">
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<html>
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<head>
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<title></title>
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</head>
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<body lang="en-US">
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<div align="center"><big> Sun Microsystems, Inc. <br>
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</big></div>
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<div align="center"> <big>Binary Code License Agreement </big><br>
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<br>
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</div>
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READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE
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TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA
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PACKAGE. BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS
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OF THIS AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY,
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INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON
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AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE TERMS,
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PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE FOR A REFUND
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OR, IF THE SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE" BUTTON
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AT THE END OF THIS AGREEMENT.<br>
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<br>
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<b>1. LICENSE TO USE.</b> Sun grants you a non-exclusive and non-transferable
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license for the internal use only of the accompanying software and documentation
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and any error corrections provided by Sun (collectively "Software"), by
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the number of users and the class of computer hardware for which the corresponding
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fee has been paid. <br>
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<br>
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<b>2. RESTRICTIONS.</b> Software is confidential and copyrighted.
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Title to Software and all associated intellectual property rights is retained
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by Sun and/or its licensors. Except as specifically authorized in any
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Supplemental License Terms, you may not make copies of Software, other than
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a single copy of Software for archival purposes. Unless enforcement
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is prohibited by applicable law, you may not modify, decompile, or reverse
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engineer Software. You acknowledge that Software is not designed,
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licensed or intended for use in the design, construction, operation or maintenance
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of any nuclear facility. Sun disclaims any express or implied warranty
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of fitness for such uses. No right, title or interest in or to any
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trademark, service mark, logo or trade name of Sun or its licensors is granted
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under this Agreement. <br>
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<br>
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<b>3. LIMITED WARRANTY.</b> Sun warrants to you that for a period
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of ninety (90) days from the date of purchase, as evidenced by a copy of the
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receipt, the media on which Software is furnished (if any) will be free of
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defects in materials and workmanship under normal use. Except for the
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foregoing, Software is provided "AS IS". Your exclusive remedy and
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Sun's entire liability under this limited warranty will be at Sun's option
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to replace Software media or refund the fee paid for Software.<br>
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<br>
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<b>4. DISCLAIMER OF WARRANTY.</b> UNLESS SPECIFIED IN THIS
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AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES,
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INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
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PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE
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DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. <br>
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<br>
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<b>5. LIMITATION OF LIABILITY. </b> TO THE EXTENT NOT PROHIBITED BY
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LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE,
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PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE
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DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT
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OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS
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BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will
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Sun's liability to you, whether in contract, tort (including negligence),
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or otherwise, exceed the amount paid by you for Software under this Agreement.
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The foregoing limitations will apply even if the above stated warranty fails
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of its essential purpose. <br>
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<br>
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<b>6. Termination.</b> This Agreement is effective until terminated.
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You may terminate this Agreement at any time by destroying all copies of
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Software. This Agreement will terminate immediately without notice
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from Sun if you fail to comply with any provision of this Agreement.
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Upon Termination, you must destroy all copies of Software.<br>
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<br>
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<b>7. Export Regulations.</b> All Software and technical data delivered
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under this Agreement are subject to US export control laws and may be subject
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to export or import regulations in other countries. You agree to comply
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strictly with all such laws and regulations and acknowledge that you have
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the responsibility to obtain such licenses to export, re-export, or import
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as may be required after delivery to you. <br>
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<br>
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<b>8. U.S. Government Restricted Rights.</b> If Software is being
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acquired by or on behalf of the U.S. Government or by a U.S. Government prime
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contractor or subcontractor (at any tier), then the Government's rights in
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Software and accompanying documentation will be only as set forth in this
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Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for
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Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212
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(for non-DOD acquisitions). <br>
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<br>
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<b>9. Governing Law.</b> Any action related to this Agreement will
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be governed by California law and controlling U.S. federal law. No
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choice of law rules of any jurisdiction will apply. <br>
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<br>
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<b>10. Severability.</b> If any provision of this Agreement is held to
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be unenforceable, this Agreement will remain in effect with the provision
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omitted, unless omission would frustrate the intent of the parties, in which
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case this Agreement will immediately terminate. <br>
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<br>
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<b>11. Integration.</b> This Agreement is the entire agreement between
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you and Sun relating to its subject matter. It supersedes all prior
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or contemporaneous oral or written communications, proposals, representations
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and warranties and prevails over any conflicting or additional terms of
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any quote, order, acknowledgment, or other communication between the parties
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relating to its subject matter during the term of this Agreement. No
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modification of this Agreement will be binding, unless in writing and signed
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by an authorized representative of each party. <br>
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<br>
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<div align="center"><big>JAVA(TM) DEVELOPMENT TOOLS <br>
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<br>
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J2ME(TM) WIRELESS TOOLKIT (J2ME WTK), VERSION 2.1.x <br>
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SUPPLEMENTAL LICENSE TERMS</big><b><br>
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</b> <br>
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</div>
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These supplemental license terms ("Supplemental Terms") add to or
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modify the terms of the Binary Code License Agreement (collectively, the "Agreement").
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Capitalized terms not defined in these Supplemental Terms shall have the
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same meanings ascribed to them in the Agreement. These Supplemental Terms
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shall supersede any inconsistent or conflicting terms in the Agreement, or
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in any license contained within the Software. <br>
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<br>
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<br>
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<b>1. Software Internal Use and Development License Grant</b>. Subject
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to the terms and conditions of this Agreement, including, but not limited
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to Section 2 (Java Technology Restrictions) of these Supplemental Terms,
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Sun grants you a non-exclusive, non-transferable, limited license to reproduce
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internally and use internally the binary form of the Software complete and
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unmodified for the sole purpose of designing, developing and testing your
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Java applets and applications intended to run on the Java platform ("Programs")
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provided that any executable output generated by a compiler that is contained
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in the Software must (a) only be compiled from source code that conforms
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to the corresponding version of the OEM Java Language Specification; (b)
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be in the class file format defined by the corresponding version of the OEM
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Java Virtual Machine Specification; and (c) execute properly on a reference
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runtime, as specified by Sun, associated with such version of the Java platform.
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<br>
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<br>
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<b>2. Java Technology Restrictions.</b> You may not modify the Java Platform
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Interface ("JPI", identified as classes contained within the "java" package
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or any subpackages of the "java" package), by creating additional classes
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within the JPI or otherwise causing the addition to or modification of the
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classes in the JPI. In the event that you create an additional class
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and associated API(s) which (i) extends the functionality of the Java platform,
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and (ii) is exposed to third party software developers for the purpose of
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developing additional software which invokes such additional API, you must
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promptly publish broadly an accurate specification for such API for free
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use by all developers. You may not create, or authorize your licensees to
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create, additional classes, interfaces, or subpackages that are in any way
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identified as "java", "javax", "sun" or similar convention as specified by
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Sun in any naming convention designation. <br>
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<br>
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<b>3. Java Runtime Availability.</b> Refer to the appropriate version
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of the Java Runtime Environment binary code license (currently located at
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http://www.java.sun.com/jdk/index.html) for the availability of runtime
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code which may be distributed with Java applets and applications. <br>
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<br>
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<b>4. Trademarks and Logos.</b> You acknowledge and agree as between you
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and Sun that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET trademarks
|
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and all SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET-related trademarks,
|
||||
service marks, logos and other brand designations ("Sun Marks"), and you
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agree to comply with the Sun Trademark and Logo Usage Requirements currently
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located at http://www.sun.com/policies/trademarks. Any use you make of the
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Sun Marks inures to Sun's benefit. <br>
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<br>
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<b>5. Source Code.</b> Software may contain source code that is provided
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solely for reference purposes pursuant to the terms of this Agreement.
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Source code may not be redistributed unless expressly provided for in this
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Agreement. 6. Termination for Infringement. Either party may terminate
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this Agreement immediately should any Software become, or in either party's
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opinion be likely to become, the subject of a claim of infringement of any
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intellectual property right.<br>
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<br>
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For inquiries please contact: Sun Microsystems, Inc. 4150 Network
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Circle, Santa Clara, California 95054, U.S.A. <br>
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(Form ID#011801) <br>
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</body>
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</html>
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