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68 Brocade SMI Agent User’s Guide
53-1001778-01
Sun Binary Code License Agreement
A
warranty will be at Sun's option to replace Software media or refund the fee paid for Software. Any
implied warranties on the Software are limited to 90 days. Some states do not allow limitations on
duration of an implied warranty, so the above may not apply to you. This limited warranty gives you
specific legal rights. You may have others, which vary from state to state.
5.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, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY
INVALID.
6.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. Some states do not allow the
exclusion of incidental or consequential damages, so some of the terms above may not be
applicable to you.
7.SOFTWARE UPDATES FROM SUN. You acknowledge that at your request or consent optional
features of the Software may download, install, and execute applets, applications, software
extensions, and updated versions of the Software from Sun ("Software Updates"), which may
require you to accept updated terms and conditions for installation. If additional terms and
conditions are not presented on installation, the Software Updates will be considered part of the
Software and subject to the terms and conditions of the Agreement.
8.SOFTWARE FROM SOURCES OTHER THAN SUN. You acknowledge that, by your use of optional
features of the Software and/or by requesting services that require use of the optional features of
the Software, the Software may automatically download, install, and execute software applications
from sources other than Sun ("Other Software"). Sun makes no representations of a relationship of
any kind to licensors of Other Software. 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 OTHER SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. Some states do not allow the exclusion of incidental or consequential damages,
so some of the terms above may not be applicable to you.
9.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. 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.
10.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.