Konica Minolta bizhub PRESS 2250P bizhub PRESS 2250P Trademarks/Copyrights - Page 86

1.3 SOFTWARE LICENSE AGREEMENT 1 WHICHEVER IS GREATER. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF INCIDENTALS OR CONSEQUENTIAL DAMAGES SO THE ABOVE EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. 8.0 Support. Sun does not provide any support for the Technology or the TCK to either You or Your customers under this JDL. Support for the TCK is provided under a separate TCK master support agreement. If You desire support for the RI, You may contact Sun. You are solely reponsible for providing all support to Your customers with respect to the Technology, TCK, Modifications and/or Compatible Implementation. 9.0 Marketing and Press Announcements. Your initial press announcement concerning execution of this JDL must be reviewed and approved by Sun prior to its release. You hereby authorizes Sun to include You in a published list of licensees of the Technology. Sun shall also be authorized to use Your name in advertising, marketing collateral, and customer success stories prepared by or on behalf of Sun for the Technology subject to Your prior approval, such approval not to be unreasonably withheld or delayed. 10.0 Notices. All notices required by this JDL must be in writing. Sun shall deliver notice to You via either email or by physical mail based on the information You provided to Sun when you accepted this JDL. Notices by You to Sun will be effective only upon receipt by Sun at the following physical addresses: Sun Microsystems, Inc., 4150 Network Circle, Santa Clara, California 95054, Attn.: Sun Software VP of Sales, cc: General Counsel, cc: Product Law Legal Department or to such different address as Sun provides on the Technology Site for such purpose. 11.0 Proprietary Rights Notices and Branding Requirements. There are no specific branding requirements associated with the Technology under this JDL. You may not remove any copyright notices, trademark notices or other proprietary legends of Sun or its suppliers contained on or in the Technology, including any notices of licenses for open source components. You agree to comply with the Sun Trademark and Logo Usage Requirements currently located at http://www.sun.com/policies/trademarks. Except as provided in this JDL, no right, title or interest to Sun's trademarks, brands or logos is granted herein. 12.0 U.S. Government End Users. The Technology and Modifications are a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Technology and/or Modifications with only those rights set forth herein. You agree to pass this notice to Your licensees. 13.0 Miscellaneous. This JDL is governed by the laws of the United States and the State of California, as applied to contracts entered into and performed in California between California residents. The relationship created under this JDL is that of licensor and licensee and does not create any other relationship such as a partnership, franchise, joint venture, agency or employment relationship between the parties. This JDL may not be assigned or transferred by either party without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed, except that Sun may assign: (i) to an affiliated company, or (ii) in the event of a merger, acquisition or sale of all or substantially all of the assets of Sun. Any express waiver or failure to exercise promptly any right under this Agreement will not create a continuing waiver nor any expectation of non-enforcement. The disclaimer of warranties and limitations of liability constitute an essential basis of the bargain in this JDL. This JDL represents the complete agreement of the parties concerning the subject bizhub PRESS 2250P 1-84