Java Store License Agreement
Version 12/08/2009
Sun Microsystems, Inc., its affiliates, and contractors (collectively, "Sun") provide the Java Store and its Services to You only upon the condition that You accept all of the following terms and conditions in this license agreement ("Agreement"), which may be modified from time to time. Please read the Agreement carefully.
1. Definitions
1.1 "Content" means any and all comments, data, information, rating and any other material that either You Post to Java Store or that is available on or through the Java Store. "Content" does not include either the Java Store or Software.
1.2 "Denied Persons" means individuals and entities that have been denied export privileges.
1.3 "Entity" means an individual or organization perceived or known or inferred to have its own distinct existence.
1.4 "Java Store" means the application known as "Java Store," including, but not limited to, updates to or upgrades of Java Store that are provided to You by Sun in its sole discretion.
1.5 "Post" is meant in its broadest sense, including, but not limited to, the acts of uploading to, posting to, providing to, submitting to, linking to, and/or transmitting to.
1.6 "Registered User" means a registered user of Java Store.
1.7 "Services" means the Java Store and Content, functionality, or services available by means of, or enabled by, the Java Store.
1.8 "Software" means any code You download from the Java Store, including, but not limited to, applications, source code, object code, byte code, scripts, data structures, and compilers, and any associated documentation.
1.9 "Specially Designated Nationals Lists" means publication of Office Foreign Assets Control which lists individuals and organizations with whom United States citizens and permanent residents are prohibited from doing business.
1.10 "You" or "Your" means you personally, as well as any person or entity on whose behalf you use the Java Store.
2. Accepting the Agreement
2.1 You can accept the Agreement by: (a) selecting the "Accept" button at the bottom of the page; or (b) using the Services in any manner.
2.2 If You are accepting the Agreement on behalf of Your employer or another entity, You represent and warrant that You have full legal authority to bind Your employer or such entity to the Agreement.
2.3 You may not use the Services if: (a) You are not of legal age to form a binding contract with Sun; (b) You are not located in the United States of America; or (c) You are prohibited by law from receiving the Services.
3. Your Obligations and Conduct
3.1 You are entirely responsible for all Content You Post to the Java Store.
3.2 You agree not to Post to the Java Store any Content that: (a) is inaccurate, obscene, pornographic, defamatory, racist, violent, or harassing; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone's intellectual property rights; (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (e) is for military, nuclear, missile, or chemical or biological weaponry use.
3.3 You agree that You will not use the Services to: (a) misrepresent your affiliation with a person or entity; or (b) disrupt the normal flow of dialogue or otherwise in a manner that negatively affects other users' ability to use the Services.
3.4 If You wish to Post Content to, or download certain Content or Software from, the Java Store, You must first become a Registered User. You may become a Registered User by registering through the Java Store. By becoming a Registered User, You agree that You will accept and comply with the
"Terms for Sun Online Account", except as provided in Section 13.1 of this Agreement.
3.5 You agree that You will use the Services only as permitted by this Agreement and any applicable law or regulation.
3.6 You agree that You will not resell or attempt to resell any portion of the Services or Software unless: a) You have been authorized to do so by Sun in a separate agreement; b) You own the Content and/or Software You resell or attempt to resell; c) You have been authorized to resell or attempt to resell such portion of the Content and/or Software by the owner of that Content and/or Software in a separate agreement.
3.7 You agree that You will not access or attempt to access the Java Store through any means or interface other than those provided to You by or on behalf of Sun.
3.8 You agree that satisfying any system requirements for the Java Store to run on Your system(s) or device(s) is Your responsibility.
3.9 You consent to the collection, processing and storage by Sun of any personal information provided by You in accordance with the terms of Sun's Privacy Policy, which is available at www.sun.com/privacy and is incorporated into this Agreement by reference. You agree to comply with all applicable laws and regulations, and the terms of Sun's Privacy Policy, with respect to any use by You of any personal information in connection with the Services.
3.10 You agree that if You download any Software for a fee that You will comply with the Payment Requirements Documentation posted at
http://java.com/javastore-payments, which may be revised from time to time at Sun's reasonable discretion.
4. Content Submitted to Sun
4.1 Except for any license rights that You may grant to Sun, Sun does not clam ownership of the Content You Post to the Java Store and shall have no obligation of any kind with respect to such Content. Unless otherwise stated herein, or in Sun's Privacy Policy (www.sun.com/privacy), any Content You Post to the Java Store shall be deemed to be provided on a nonconfidential basis. Sun shall be free to use or disseminate such Content on an unrestricted basis for any purpose. You grant to Sun and all Java Store users an irrevocable, worldwide, royalty-free, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform and adapt such Content (including in digital form). In addition, You grant to Sun an irrevocable, worldwide, royalty-free, nonexclusive license to resell and publish such Content (including in digital form). You represent and warrant that You have the all the rights, power and authority to grant the rights granted herein to any Content You Post to the Java Store. You agree that with respect to any "moral" or equivalent rights (including, without limitation, rights of attribution, integrity, disclosure, and withdrawal) in the Content, You agree never to assert such rights or to institute or maintain any action against Sun or any Java Store user relative to the rights in such Content.
4.2 Sun reserves the right to display Content You Post as well as edit or remove Content, including, but not limited to, Content that violates the Terms or that contains third-party commercial advertisements.
5. Licenses to You
5.1 Subject to Your acceptance and compliance with the terms and conditions of this Agreement, Sun grants You a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Services for Your personal use.
5.2 Notwithstanding Section 5.1 of this Agreement, Software that You download through the Java Store is licensed, not sold, to You, and is licensed under and subject to the Software End User License Agreement ("EULA") that accompanies a particular Software application. For Software applications that have been developed by a third party developer, that license will be from and with that developer, its authorized licensee, or another party acting on its behalf. For Software applications that have been developed by Sun, the Software End User License Agreement will be from and with Sun. The license included at the end of this Agreement shall be the applicable EULA for any Software applications you download through the Java Store unless the licensor of that Software application indicates as part of the process for access or downloading such application that a different EULA controls.
5.3 No right, title or interest in or to any trademark, service mark, logo or trade name of Sun or its licensors is granted by this Agreement.
5.4 Except as expressly permitted by law, You may not copy, decompile, modify, or reverse engineer the Services.
5.5 Except as expressly permitted by law or as authorized by the owner of Software in a separate agreement, You may not copy, decompile, modify, or reverse engineer the Software.
6. Ownership and Intellectual Property Rights
6.1 Except as expressly stated in this Agreement, nothing herein shall be deemed a transfer or license by Sun of any intellectual property rights that Sun may now possess or acquire in the future in any aspect of the Services.
6.2 Sun is committed to respecting others' intellectual property rights, and we ask You to do the same. Sun may, in its sole discretion, terminate the accounts or access rights of users who infringe or otherwise violate others' intellectual property rights. If You believe that Your work has been copied on the Java Store in a away that constitutes copyright infringement, please contact our copyright agent as described at
http://www.sun.com/copyright_agent.jsp.
7. Modification and Termination of Services; Amendment of Agreement
7.1 Sun reserves the right at any time to modify, suspend or terminate the Services (or any part thereof), and/or Your use of or access to them, with or without notice. At its sole discretion, Sun may also delete, or bar access to or use of, all related information and files. Sun will not be liable to You or any third party for any modification, suspension, or termination of the Services, or loss of related information.
7.2 Sun may amend this Agreement at any time by posting the amended Agreement on the Java Store. Your continued use of the Services following the posting of the amended Agreement will mean that You accept and agree to the amended Agreement.
8. Content and/or Software Provided by the Java Store and Via Links
8.1 Unless explicitly stated otherwise, support for any Software that you download from the Java Store is not provided by Sun.
8.2 You may find links to other Internet sites or resources on the Java Store or in Software. You acknowledge and agree that Sun is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Sun will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
9. Export Regulations
9.1 You will access and use the Services only in compliance with all U.S. and foreign export and re-export control laws and their implementing regulations, including but not limited to the U.S. Export Administration Regulations and International Traffic in Arms Regulations, where the terms "export" and "re-export" refer to any transfer or release of technology or software or direct products to another country or to a national of another country by any means.
9.2 You represent and warrant that You are not a party identified on U.S. or foreign governments' export exclusion lists, including but not limited to the Denied Persons, Entity, and Specially Designated Nationals Lists, and that You are not a national of any country or countries subject to U.S. embargo or trade sanctions that would prohibit your access to the Services.
9.3 You will not permit access or use of the Services by parties identified on U.S. Government export exclusion lists, including but not limited to the Denied Persons, Entity, and Specially Designated Nationals Lists, or nationals of countries subject to U.S. embargo or trade sanctions.
9.4 You will not use the Services for military, nuclear, missile, chemical or biological weaponry end uses.
10. Warranties
10.1 THE SERVICES AND/OR SOFTWARE ARE PROVIDED "AS IS." ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, AND PERFORMANCE OF THE SERVICES AND/OR SOFTWARE, 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. SUN MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE OR THAT ANY INFORMATION OBTAINED FROM THE USE OF THE SERVICES AND/OR WILL BE ACCURATE OR RELIABLE.
10.2 YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USING SERVICES AND/OR SOFTWARE, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
10.3 You acknowledge that the Services and/or Software are not designed 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.
10.4 You acknowledge that the Services and/or Software may have defects or deficiencies which cannot or will not be corrected by Sun.
11. Limitation of Liability; Hold Harmless
11.1 TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THE TERMS OR USE OF THE SERVICES AND/OR SOFTWARE (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN BREACH OF CONTRACT, BREACH OF WARRANTY OR IN TORT, INCLUDING NEGLIGENCE, AND EVEN IF SUN HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.2 YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA, INCLUDING YOUR SOFTWARE, AND WILL NOT MAKE A CLAIM AGAINST SUN FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF THE SERVICES AND/OR SOFTWARE. YOU AGREE TO HOLD SUN HARMLESS FROM, AND YOU CONVENANT NOT TO SUE SUN FOR, ANY CLAIMS BASED ON YOUR USE OF THE SERVICES AND/OR SOFTWARE.
11.3 You agree to hold Sun harmless from, and You covenant not to sue Sun, for any claims in connection with Java Store, the Services, any Content, including third party Content, or Software.
12. Term and Termination
12.1 This Agreement is effective on the date You accept the terms and conditions and remains effective until terminated. Sun reserves the right to terminate the Agreement at any time, with or without notice. Your rights under the Agreement will terminate immediately without notice from Sun if You materially breach any of the provisions of the Agreement or take any action in derogation of Sun's rights to the Services.
12.2 Sections 1, 3, 4, 5.2, 5.3, 6, 7, 8, 9, 10, 11, 12 and 13 will survive termination of the Agreement.
12.3 At Sun's discretion, termination of the Agreement may include: (a) removal of Your access to and/or use of the Services; and (b) deletion of Content You Posted to Java Store.
13. General Legal Terms
13.1 The Agreement constitutes the entire agreement between You and Sun relating to use of the Java Store and its Services, and cancels and supersedes any prior version of the Agreement or other agreement or terms relating to the Java Store and its Services. You must not assign or otherwise transfer the Agreement or any right granted hereunder.
13.2 Any action related to the Agreement will be governed by California law and controlling U.S. federal law. Any litigation arising hereunder will be brought in a court of competent jurisdiction in Santa Clara County, California. The parties agree and consent to the venue and personal jurisdiction of such courts.
13.3 Any express waiver or failure to exercise promptly any right under the Agreement will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Agreement is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purposes, and the other provisions of the Agreement will remain in full force and effect.
13.4 If a non-English version of this Agreement is made available to You, to the extent there is a conflict between that non-English and the English version of the Agreement, the English version of this Agreement shall govern Your use and access to the Services.
Java Store Application End User License Agreement
Version 10/29/2009
THE PARTY IDENTIFIED AS THE LICENSOR ("LICENSOR") OF THE JAVA TECHNOLOGY OR JAVAFX TECHNOLOGY APPLET OR APPLICATION PROGRAM ("APPLICATION") ASSOCIATED WITH THIS JAVA STORE APPLICATION END USER LICENSE AGREEMENT ("EULA") IS WILLING TO LICENSE THE APPLICATION TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS EULA. PLEASE READ THE EULA CAREFULLY. BY DOWNLOADING OR INSTALLING THIS APPLICATION, YOU ACCEPT THE TERMS OF THE EULA.
1. LICENSE TO USE. Subject to the terms and conditions of this EULA, including Your payment of applicable license or other fees, if any, Licensor grants you a non-exclusive, non-transferable, limited license to reproduce and use the Application for your personal use. Licensor reserves all rights in and to the Application not expressly granted to you under this EULA. The terms of the license will govern any upgrades provided by Licensor that replace and/or supplement the original Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. No right, title or interest in or to any trademark, service mark, logo or trade name of Licensor or its licensors is granted under this EULA.
2. RESTRICTIONS. You may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Application. You may not copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Application). Additional copyright notices and license terms applicable to portions of the Application, if any, are set forth in the THIRDPARTYLICENSEREADME.txt file. You acknowledge that the Application is not designed or intended for use in the design, construction, operation or maintenance of any nuclear facility. Licensor disclaims any express or implied warranty of fitness for such uses.
3. CONSENT TO USE OF DATA. You agree that Licensor may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, Application support and other services to you (if any) related to the Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its Applications or to provide services or technologies to you.
4. SERVICES; THIRD PARTY MATERIALS.
The Application may enable access to Licensor's and third party services and web sites (collectively and individually, "Services"). Use of the Services may require Internet access and that you accept additional terms of service. You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that the Licensor shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. Certain Services may display, include or make available content, data, information, applications or materials from third parties ("Third Party Materials") or provide links to certain third party web sites. By using the Services, you acknowledge and agree that the Licensor is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Licensor does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites. Third Party Materials and links to other web sites are provided solely as a convenience to you.
Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, you should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Licensor, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services. You acknowledge that any Services may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright.
No portion of the Services may be reproduced in any form or by any means, except with the prior, effective consent of the provider of such Services. You agree not to modify, rent, lease, loan, sell, distribute, or create unauthorized derivative works based on the Services. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Licensor is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the Services. To the extent you choose to access such Services or Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Licensor, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will the Licensor be liable for the removal of or disabling of access to any such Services. The Licensor may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
5. NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ("SERVICES") ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
6. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
7. TERMINATION. This EULA is effective until terminated. You may terminate this EULA at any time by destroying all copies of the Application. This EULA will terminate immediately without notice from Licensor if you fail to comply with any provision of this EULA or if you fail to pay any applicable license or other fee(s) or, if after paying such fee(s), you obtain a refund of the fee or a reversal of the payment transaction for the Application. Either party may terminate this EULA immediately should the Application 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 Application.
8. EXPORT LAWS AND REGULATIONS. You may not use or otherwise export or reexport the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, the Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these Applications for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
9. 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 EULA; 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).
10. GOVERNING LAW. Any action related to this EULA will be governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.
11. SEVERABILITY. If any provision of this EULA is held to be unenforceable, this EULA will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this EULA will immediately terminate.
12. INTEGRATION. This EULA is the entire agreement between you and Licensor 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 EULA. No modification of this EULA will be binding, unless in writing and signed by an authorized representative of each party.