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or the recipients rights hereunder. You may choose to offer, and
to charge a fee for, warranty, support, indemnity or liability
obligations to one or more recipients of Covered
Software. However, you may do so only on Your own behalf, and
not on behalf of the Initial Developer or any Contributor. You
must make it absolutely clear that any such warranty, support,
indemnity or liability obligation is offered by You alone, and
You hereby agree to indemnify the Initial Developer and every
Contributor for any liability incurred by the Initial Developer
or such Contributor as a result of warranty, support, indemnity
or liability terms You offer.

3.5. Distribution of Executable Versions. You may distribute the
Executable form of the Covered Software under the terms of this
License or under the terms of a license of Your choice, which
may contain terms different from this License, provided that You
are in compliance with the terms of this License and that the
license for the Executable form does not attempt to limit or
alter the recipients rights in the Source Code form from the
rights set forth in this License. If You distribute the Covered
Software in Executable form under a different license, You must
make it absolutely clear that any terms which differ from this
License are offered by You alone, not by the Initial Developer
or Contributor. You hereby agree to indemnify the Initial
Developer and every Contributor for any liability incurred by
the Initial Developer or such Contributor as a result of any
such terms You offer.

3.6. Larger Works. You may create a Larger Work by combining
Covered Software with other code not governed by the terms of
this License and distribute the Larger Work as a single product.
In such a case, You must make sure the requirements of this
License are fulfilled for the Covered Software.

4. Versions of the License.

4.1. New Versions. Sun Microsystems, Inc. is the initial license
steward and may publish revised and/or new versions of this
License from time to time. Each version will be given a
distinguishing version number. Except as provided in Section
4.3, no one other than the license steward has the right to
modify this License.

4.2. Effect of New Versions. You may always continue to use,
distribute or otherwise make the Covered Software available
under the terms of the version of the License under which You
originally received the Covered Software. If the Initial
Developer includes a notice in the Original Software prohibiting
it from being distributed or otherwise made available under any
subsequent version of the License, You must distribute and make
the Covered Software available under the terms of the version of
the License under which You originally received the Covered
Software.  Otherwise, You may also choose to use, distribute or
otherwise make the Covered Software available under the terms of
any subsequent version of the License published by the license
steward.

4.3. Modified Versions. When You are an Initial Developer and
You want to create a new license for Your Original Software, You
may create and use a modified version of this License if You:
(a) rename the license and remove any references to the name of
the license steward (except to note that the license differs
from this License); and (b) otherwise make it clear that the
license contains terms which differ from this License.

5. DISCLAIMER OF WARRANTY. COVERED SOFTWARE IS PROVIDED UNDER
THIS LICENSE ON AN AS IS BASIS, WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS,
MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED
SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE
DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY
OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING,
REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN
ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE
IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

6. TERMINATION.

6.1. This License and the rights granted hereunder will
terminate automatically if You fail to comply with terms herein
and fail to cure such breach within 30 days of becoming aware of
the breach. Provisions which, by their nature, must remain in
effect beyond the termination of this License shall survive.

6.2. If You assert a patent infringement claim (excluding
declaratory judgment actions) against Initial Developer or a
Contributor (the Initial Developer or Contributor against whom
You assert such claim is referred to as Participant) alleging
that the Participant Software (meaning the Contributor Version
where the Participant is a Contributor or the Original Software
where the Participant is the Initial Developer) directly or
indirectly infringes any patent, then any and all rights granted
directly or indirectly to You by such Participant, the Initial
Developer (if the Initial Developer is not the Participant) and
all Contributors under Sections 2.1 and/or 2.2 of this License
shall, upon 60 days notice from Participant terminate
prospectively and automatically at the expiration of such 60 day
notice period, unless if within such 60 day period You withdraw
Your claim with respect to the Participant Software against such
Participant either unilaterally or pursuant to a written
agreement with Participant.

6.3. In the event of termination under Sections 6.1 or 6.2
above, all end user licenses that have been validly granted by
You or any distributor hereunder prior to termination (excluding
licenses granted to You by any distributor) shall survive
termination.

7. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO
LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR
OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER
CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY
SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST
PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES,
EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY
OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO