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Brocade SMI Agent User’s Guide 69
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Sun Binary Code License Agreement
A
11.TRADEMARKS AND LOGOS. You acknowledge and agree as between you and Sun that Sun
owns the SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET trademarks and all SUN, SOLARIS, JAVA,
JINI, FORTE, 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/trademarks. Any use you make of the Sun Marks
inures to Sun's benefit.
12.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).
13.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.
14. 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.
15. 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.
SUPPLEMENTAL LICENSE TERMS
These Supplemental License Terms add to or modify the terms of the Binary Code License
Agreement. Capitalized terms not defined in these Supplemental Terms shall have the same
meanings ascribed to them in the Binary Code License Agreement. These Supplemental Terms
shall supersede any inconsistent or conflicting terms in the Binary Code License Agreement, or in
any license contained within the Software.
A.Software Internal Use and Development License Grant. Subject to the terms and conditions of
this Agreement, including, but not limited to the Java Technology Restrictions of these
Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license without fees
to reproduce internally and use internally the Software complete and unmodified for the purpose of
designing, developing, and testing your Programs.
B.License to Distribute Software. Subject to the terms and conditions of this Agreement, including,
but not limited to the Java Technology Restrictions of these Supplemental Terms, Sun grants you a
non-exclusive, non-transferable, limited license without fees to reproduce and distribute the
Software, provided that (i) you distribute the Software complete and unmodified (unless otherwise
specified in the applicable README file) and only bundled as part of, and for the sole purpose of
running, your 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
(unless otherwise specified in the applicable README file), (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.