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154 Sun Crypto Accelerator 4000 Board Installation and User’s Guide • May 2003
licensed or intended for use in the design, construction, operation or maintenance of
any nuclear facility. Sun disclaims any express or implied warranty of fitness for
such uses. No right, title or interest in or to any trademark, service mark, logo or
trade name of Sun or its licensors is granted under this Agreement.
3. LIMITED WARRANTY. Sun warrants to you that for a period of ninety (90) days
from the date of purchase, as evidenced by a copy of the receipt, the media on which
Software is furnished (if any) will be free of defects in materials and workmanship
under normal use. Except for the foregoing, Software is provided "AS IS". Your
exclusive remedy and Sun’s entire liability under this limited warranty will be at
Sun’s option to replace Software media or refund the fee paid for Software.
4. 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.
5. 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.
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 Sun if you fail to comply with any
provision of this Agreement. Upon Termination, you must destroy all copies of
Software.
7. 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.
8. 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).