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this Agreement. Additional restrictions for developers and/or publishers licenses are set forth in the
Supplemental License Terms.
4. LIMITED WARRANTY. Oracle 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 Oracle's entire liability under this limited warranty will be at
Oracle'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 ORACLE
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 ORACLE HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. In no event will Oracle'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. 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 Oracle 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.
8. 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.
9. TRADEMARKS AND LOGOS. You acknowledge and agree as between you and Oracle that Oracle owns
the ORACLE, SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET trademarks and all ORACLE, SOLARIS,
JAVA, JINI, FORTE, and iPLANET-related trademarks, service marks, logos and other brand designations
("Oracle Marks"), and you agree to comply with the Third Party Usage Guidelines currently located at
http://www.oracle.com/html/3party.html Any use you make of the Oracle Marks inures to Oracle's benefit.
10. 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).
11. 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. 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.
12. 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 terminINTEGRATION. This Agreement is the entire agreement between you
and Oracle 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.