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5. LIMITATION OF LIABILITY. IN NO EVENT SHALL ORACLE BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR
DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY
YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT,
EVEN IF ORACLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ORACLE'S ENTIRE LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT
EXCEED ONE THOUSAND DOLLARS (U.S. $1,000).
6. 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 Oracle 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.
7. EXPORT REGULATIONS. You agree that U.S. export control laws and other
applicable export and import laws govern your use of the Software, including
technical data; additional information can be found on Oracle's Global Trade
Compliance web site (http://www.oracle.com/us/products/export). You agree that
neither the Software nor any direct product thereof will be exported, directly, or
indirectly, in violation of these laws, or will be used for any purpose prohibited by
these laws including, without limitation, nuclear, chemical, or biological weapons
proliferation.
8. TRADEMARKS AND LOGOS. You acknowledge and agree as between you
and Oracle that Oracle owns the ORACLE and JAVA trademarks and all ORACLE-
and JAVA-related trademarks, service marks, logos and other brand
designations ("Oracle Marks"), and you agree to comply with the Third
Party Usage Guidelines for Oracle Trademarks currently located at
http://www.oracle.com/us/legal/third-party-trademarks/index.html . Any use you
make of the Oracle Marks inures to Oracle's benefit.
9. U.S. GOVERNMENT LICENSE 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 shall be only those set forth in this Agreement.
10. GOVERNING LAW. This agreement is governed by the substantive and
procedural laws of California. You and Oracle agree to submit to the exclusive
jurisdiction of, and venue in, the courts of San Francisco, or Santa Clara counties in
California in any dispute arising out of or relating to this agreement.
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