3.5.1/3.6.0 Matrix Server Third-Party Licenses (5697-7084, January 2009)

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 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. 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 Sun 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 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.

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.

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 terminate.

13. 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