Lines Matching refs:or
26 Licensee has purchased from Sun Microsystems or its authorized distributors
27 or resellers. Such distribution may be on electronic media or via download
28 from Licensee's website or other electronic means. Licensee shall grant each
32 duplicate, copy, or otherwise sublicense, disclose, distribute, or
38 any security or rights management features.
40 1.4 Restrictions. Licensee agrees to maintain intact and not modify or
42 Emulex Firmware. Licensee shall not (1) reverse engineer, reverse compile or
43 reverse assemble all or any part of the Emulex Firmware, (2) disseminate
44 performance information or analysis to any third party, other than solely for
45 product support purposes, from any source relating to the Emulex Firmware, or
46 cause or permit others to do either of both of the foregoing. Licensee
50 Emulex or its licensors retain all right, title and interest, including
52 regardless of form or media, of the Emulex Firmware. The Emulex Firmware
64 (b) breaches a material term of this Agreement, or (c) gives written notice
67 Emulex or destroyed by Licensee.
69 5. Warranty Disclaimer. Emulex makes no warranties whatsoever, express or
79 6. Limitation of Liability. Emulex shall have no liability to Licensee, or
80 any third party, whether in contract, tort, negligence or products liability
81 for any claim, loss of use, business interruption, lost data, lost files, or
82 for any indirect, special, incidental, or consequential damages of any kind
83 or nature whatsoever arising out of or in connection with the use of or
84 inability to use the Emulex Firmware or the performance or operation of the
92 partnership, or joint venture between the parties. Licensee represents that
93 it is acting on its own behalf and is not acting as an agent for or on behalf
94 of any third party, and further agrees that it may not assign its rights or
98 hereunder. If any term or condition of this Agreement is held invalid,
99 illegal or unenforceable by a court of competent jurisdiction, all the other
101 units or agencies of the U.S. government only as "commercial computer
102 firmware," "restricted computer firmware," or with "restricted rights" as