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SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THIS SPECIFICATION |
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TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS |
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CONTAINED IN THIS AGREEMENT. PLEASE READ THE TERMS AND CONDITIONS OF |
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THIS AGREEMENT CAREFULLY. BY DOWNLOADING THIS SPECIFICATION, YOU ACCEPT |
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THE TERMS AND CONDITIONS OF THE AGREEMENT. IF YOU ARE NOT WILLING TO BE |
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BOUND BY IT, SELECT THE "DECLINE" BUTTON AT THE BOTTOM OF THIS PAGE. |
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Specification: JSR-000223 Scripting for the Java(tm) Platform ("Specification") |
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Version: 1.0 |
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Status: Final Release |
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Release: 7 December 2006 |
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Copyright 2006 SUN MICROSYSTEMS, INC. |
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4150 Network Circle, Santa Clara, California 95054, U.S.A |
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All rights reserved. |
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LIMITED LICENSE GRANTS |
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1. _License for Evaluation Purposes_. Sun hereby grants you a |
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fully-paid, non-exclusive, non-transferable, worldwide, limited license |
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(without the right to sublicense), under Sun's applicable intellectual |
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property rights to view, download, use and reproduce the Specification |
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only for the purpose of internal evaluation. This includes (i) |
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developing applications intended to run on an implementation of the |
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Specification, provided that such applications do not themselves |
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implement any portion(s) of the Specification, and (ii) discussing the |
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Specification with any third party; and (iii) excerpting brief portions |
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of the Specification in oral or written communications which discuss the |
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Specification provided that such excerpts do not in the aggregate |
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constitute a significant portion of the Specification. |
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2. _License for the Distribution of Compliant Implementations_. Sun also |
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grants you a perpetual, non-exclusive, non-transferable, worldwide, |
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fully paid-up, royalty free, limited license (without the right to |
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sublicense) under any applicable copyrights or, subject to the |
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provisions of subsection 4 below, patent rights it may have covering the |
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Specification to create and/or distribute an Independent Implementation |
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of the Specification that: (a) fully implements the Specification |
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including all its required interfaces and functionality; (b) does not |
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modify, subset, superset or otherwise extend the Licensor Name Space, or |
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include any public or protected packages, classes, Java interfaces, |
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fields or methods within the Licensor Name Space other than those |
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required/authorized by the Specification or Specifications being |
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implemented; and (c) passes the Technology Compatibility Kit (including |
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satisfying the requirements of the applicable TCK Users Guide) for such |
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Specification ("Compliant Implementation"). In addition, the foregoing |
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license is expressly conditioned on your not acting outside its scope. |
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No license is granted hereunder for any other purpose (including, for |
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example, modifying the Specification, other than to the extent of your |
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fair use rights, or distributing the Specification to third parties). |
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Also, no right, title, or interest in or to any trademarks, service |
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marks, or trade names of Sun or Sun's licensors is granted hereunder. |
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Java, and Java-related logos, marks and names are trademarks or |
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registered trademarks of Sun Microsystems, Inc. in the U.S. and other |
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countries. |
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3. _Pass-through Conditions_. You need not include limitations (a)-(c) |
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from the previous paragraph or any other particular "pass through" |
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requirements in any license You grant concerning the use of your |
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Independent Implementation or products derived from it. However, except |
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with respect to Independent Implementations (and products derived from |
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them) that satisfy limitations (a)-(c) from the previous paragraph, You |
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may neither: (a) grant or otherwise pass through to your licensees any |
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licenses under Sun's applicable intellectual property rights; nor (b) |
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authorize your licensees to make any claims concerning their |
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implementation's compliance with the Specification in question. |
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4. _Reciprocity Concerning Patent Licenses_. |
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a. With respect to any patent claims covered by the license granted |
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under subparagraph 2 above that would be infringed by all technically |
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feasible implementations of the Specification, such license is |
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conditioned upon your offering on fair, reasonable and |
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non-discriminatory terms, to any party seeking it from You, a perpetual, |
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non-exclusive, non-transferable, worldwide license under Your patent |
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rights which are or would be infringed by all technically feasible |
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implementations of the Specification to develop, distribute and use a |
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Compliant Implementation. |
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b With respect to any patent claims owned by Sun and covered by the |
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license granted under subparagraph 2, whether or not their infringement |
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can be avoided in a technically feasible manner when implementing the |
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Specification, such license shall terminate with respect to such claims |
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if You initiate a claim against Sun that it has, in the course of |
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performing its responsibilities as the Specification Lead, induced any |
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other entity to infringe Your patent rights. |
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c Also with respect to any patent claims owned by Sun and covered by the |
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license granted under subparagraph 2 above, where the infringement of |
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such claims can be avoided in a technically feasible manner when |
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implementing the Specification such license, with respect to such |
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claims, shall terminate if You initiate a claim against Sun that its |
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making, having made, using, offering to sell, selling or importing a |
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Compliant Implementation infringes Your patent rights. |
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5. _Definitions_. For the purposes of this Agreement: "Independent |
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Implementation" shall mean an implementation of the Specification that |
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neither derives from any of Sun's source code or binary code materials |
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nor, except with an appropriate and separate license from Sun, includes |
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any of Sun's source code or binary code materials; "Licensor Name Space" |
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shall mean the public class or interface declarations whose names begin |
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with "java", "javax", "com.sun" or their equivalents in any subsequent |
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naming convention adopted by Sun through the Java Community Process, or |
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any recognized successors or replacements thereof; and "Technology |
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Compatibility Kit" or "TCK" shall mean the test suite and accompanying |
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TCK User's Guide provided by Sun which corresponds to the Specification |
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and that was available either (i) from Sun's 120 days before the first |
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release of Your Independent Implementation that allows its use for |
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commercial purposes, or (ii) more recently than 120 days from such |
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release but against which You elect to test Your implementation of the |
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Specification. |
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This Agreement will terminate immediately without notice from Sun if you |
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breach the Agreement or act outside the scope of the licenses granted above. |
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DISCLAIMER OF WARRANTIES |
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THE SPECIFICATION IS PROVIDED "AS IS". SUN MAKES NO REPRESENTATIONS OR |
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WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, |
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WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, |
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NON-INFRINGEMENT (INCLUDING AS A CONSEQUENCE OF ANY PRACTICE OR |
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IMPLEMENTATION OF THE SPECIFICATION), OR THAT THE CONTENTS OF THE |
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SPECIFICATION ARE SUITABLE FOR ANY PURPOSE. This document does not |
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represent any commitment to release or implement any portion of the |
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Specification in any product. In addition, the Specification could |
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include technical inaccuracies or typographical errors. |
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LIMITATION OF LIABILITY |
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TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS |
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LICENSORS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, LOST |
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REVENUE, PROFITS OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, |
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INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE |
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THEORY OF LIABILITY, ARISING OUT OF OR RELATED IN ANY WAY TO YOUR |
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HAVING, IMPLEMENTING OR OTHERWISE USING THE SPECIFICATION, EVEN |
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IF SUN AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH |
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DAMAGES. |
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You will indemnify, hold harmless, and defend Sun and its licensors from |
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any claims arising or resulting from: (i) your use of the Specification; |
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(ii) the use or distribution of your Java application, applet and/or |
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implementation; and/or (iii) any claims that later versions or releases |
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of any Specification furnished to you are incompatible with the |
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Specification provided to you under this license. |
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RESTRICTED RIGHTS LEGEND |
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U.S. Government: If this Specification is being acquired by or on behalf |
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of the U.S. Government or by a U.S. Government prime contractor or |
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subcontractor (at any tier), then the Government's rights in the |
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Software and accompanying documentation shall be only as set forth in |
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this license; this is in accordance with 48 C.F.R. 227.7201 through |
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227.7202-4 (for Department of Defense (DoD) acquisitions) and with 48 |
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C.F.R. 2.101 and 12.212 (for non-DoD acquisitions). |
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REPORT |
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If you provide Sun with any comments or suggestions concerning the |
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Specification ("Feedback"), you hereby: (i) agree that such Feedback is |
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provided on a non-proprietary and non-confidential basis, and (ii) grant |
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Sun a perpetual, non-exclusive, worldwide, fully paid-up, irrevocable |
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license, with the right to sublicense through multiple levels of |
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sublicensees, to incorporate, disclose, and use without limitation the |
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Feedback for any purpose. |
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GENERAL TERMS |
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Any action related to this Agreement will be governed by California law |
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and controlling U.S. federal law. The U.N. Convention for the |
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International Sale of Goods and the choice of law rules of any |
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jurisdiction will not apply. |
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The Specification is subject to U.S. export control laws and may be |
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subject to export or import regulations in other countries. Licensee |
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agrees to comply strictly with all such laws and regulations and |
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acknowledges that it has the responsibility to obtain such licenses to |
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export, re-export or import as may be required after delivery to Licensee. |
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This Agreement is the parties' entire agreement relating to its subject |
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matter. It supersedes all prior or contemporaneous oral or written |
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communications, proposals, conditions, representations and warranties |
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and prevails over any conflicting or additional terms of any quote, |
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order, acknowledgment, or other communication between the parties |
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relating to its subject matter during the term of this Agreement. No |
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modification to this Agreement will be binding, unless in writing and |
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signed by an authorized representative of each party. |
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Rev. April, 2006 |
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Sun/Final/Full |