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This user agreement is representative of what you will be asked to accept before
gaining access to a Sun Web Learning Center course.
Individual Internet Courseware License
SUN MICROSYSTEMS, INC., ("SUN") IS WILLING TO LICENSE THE EDUCATIONAL
SERVICES COURSE(S) AND THE ACCOMPANYING DOCUMENTATION INCLUDING AUTHORIZED
COPIES OF EACH (THE "COURSEWARE") TO YOU ("LICENSEE") SOLELY UPON THE CONDITION
THAT LICENSEE ACCEPTS ALL OF THE TERMS IN THIS AGREEMENT.
PLEASE READ THE TERMS CAREFULLY BEFORE CLICKING ON THE "ACCEPT" BUTTON.
BY CLICKING ON THE "ACCEPT" BUTTON, LICENSEE ACKNOWLEDGES THAT LICENSEE
HAS READ AND UNDERSTANDS THIS AGREEMENT AND AGREES TO BE BOUND BY ITS TERMS
AND CONDITIONS.
IF LICENSEE DOES NOT ACCEPT THESE TERMS, SUN DOES NOT GRANT ANY LICENSE
TO THE COURSEWARE, AND LICENSEE SHOULD CLICK ON THE 'REJECT' BUTTON TO
EXIT THIS PAGE.
1. LICENSE GRANT.
A. License Rights. Upon acceptance of terms of this Agreement
and payment of the appropriate fee, Licensee is granted a non-exclusive
and non-transferable license to download, install and internally use the
Courseware by a single user for the subscription duration for which Licensee
pays. This is a one (1) user only Courseware License. Licensee may make
one copy of the Courseware only for archival purposes in support of Licensee's
use of the Courseware, provided that Licensee reproduces all copyright
and other proprietary notices that are on the original copy of the Courseware.
B. License Restrictions. The Courseware is licensed to
Licensee only under the terms of this Agreement, and Sun reserves all rights
not expressly granted to Licensee. Licensee may not use, copy, modify,
or transfer the Courseware, or any copy thereof, except as expressly provided
for in this Agreement. Except as otherwise provided by law, Licensee may
not reverse engineer, disassemble, decompile, or translate the Courseware,
or otherwise attempt to derive the source code of any software which may
be related to the Courseware. Licensee may not rent, lease, sublicense,
assign, loan, sell, or distribute the Courseware or any part thereof. No
right, title, or interest in or to any trademarks, service marks, or trade
names of Sun or Sun's licensors is granted hereunder and any use thereof
will inure solely to the benefit of Sun and/or Sun's licensors.
C. Nuclear Applications Restriction. CUSTOMER ACKNOWLEDGES
THAT COURSEWARE IS NOT DESIGNED 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.
2. CONFIDENTIALITY. The Courseware is the proprietary information
of Sun and/or its licensors and certain portions of the Courseware are
confidential. The Courseware is protected by United States copyright law
and international treaty. Unauthorized reproduction or distribution is
subject to civil and criminal penalties. Licensee agrees to take adequate
steps to protect the Courseware from unauthorized disclosure or use.
3. TERM, TERMINATION AND SURVIVAL.
A. This Courseware License Agreement is effective upon acceptance by
Licensee and payment of the appropriate fee for the subscription duration
for which Licensee pays.
B. Licensee may terminate this Courseware License Agreement at any time
by destroying all copies of the Courseware.
C. This Courseware License Agreement will immediately terminate without
notice if Licensee fails to comply with any obligation of this Agreement.
D. Upon termination, Licensee must immediately cease use of and destroy
the Courseware or, upon request from Sun, return the Courseware to Sun.
E. The provisions set forth in paragraphs 1(B), 2, 5, 6, 7, and 8 will
survive termination or expiration of this Courseware License Agreement.
4. NO WARRANTY. THE COURSEWARE IS PROVIDED TO LICENSEE "AS IS".
ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING
ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO
THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
5. LIMITATION OF DAMAGES. TO THE EXTENT NOT PROHIBITED BY
APPLICABLE LAW, SUN'S AGGREGATE LIABILITY TO LICENSEE OR TO ANY THIRD PARTY
FOR CLAIMS RELATING TO THIS AGREEMENT, WHETHER FOR BREACH OR IN TORT, WILL
BE LIMITED TO THE FEES PAID BY LICENSEE FOR COURSEWARE WHICH IS THE SUBJECT
MATTER OF THE CLAIMS. IN NO EVENT WILL SUN BE LIABLE FOR ANY INDIRECT,
PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE IN CONNECTION WITH
OR ARISING OUT OF THIS AGREEMENT (INCLUDING LOSS OF BUSINESS, REVENUE,
PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES WHETHER
FOR BREACH OR IN TORT, EVEN IF SUN HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY
OF SUCH DAMAGE. LIABILITY FOR DAMAGES WILL BE LIMITED AND EXCLUDED, EVEN
IF ANY EXCLUSIVE REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF ITS ESSENTIAL
PURPOSE.
6. U.S. GOVERNMENT RESTRICTED RIGHTS. If Courseware or related
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 Courseware, 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).
7. EXPORT LAW. Products, Services and technical data delivered
by Sun may be subject to US or other national export control laws, and
may be subject to export or import regulations of other countries. Licensee
undertakes to comply strictly with all such laws and regulations, and acknowledges
that it has the responsibility to obtain all necessary licenses to export,
re-export or import as may be required after delivery to Licensee.
8. GOVERNING LAW, JURISDICTION AND VENUE. Disputes will be governed
by the laws of the state of California, USA. Choice of law rules of any
jurisdiction and the United Nations Convention on Contracts for the International
Sale of Goods will not apply. The venue for litigation will be the appropriate
courts located in Santa Clara County, California, USA.
9.INDEMNIFICATION. Licensee agrees to fully indemnify Sun. In the
event of a breach of this Agreement or misuse of the Courseware by Licensee.
10. NO ASSIGNMENT. Neither party may assign or otherwise transfer
any of its rights or obligations under this Agreement, without the prior
written consent of the other party, except that Sun may assign its right
to payment and may assign this Agreement to an affiliated company.
11. OFFICIAL LANGUAGE. The official text of this Agreement is
in the English language and any interpretation or construction of this
Agreement will be based thereon. In the event that this Agreement or any
documents or notices related to it are translated into any other language,
the English language version will control.
12. ENTIRE AGREEMENT. This Agreement is the parties' entire agreement
relating to the Courseware. It supersedes all prior or contemporaneous
oral or written communications, proposals, warranties, and representations
with respect to its subject matter, and following Licensee's acceptance
of this license by clicking on the "Accept" Button, will prevail over any
conflicting or additional terms of any subsequent quote, order, acknowledgment,
or any other communications by or between the parties. No modification
to this Agreement will be binding, unless in writing and signed by an authorized
representative of each party.
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