Limitation of Liability. 11.3 Liability for damages shall be limited and excluded, even if any exclusive remedy provided for in this Agreement fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to Customer. Binary Code License. Upon Customer's receipt of Software and in accordance with the terms of this Agreement, Sun grants to Customer a nonexclusive and nontransferable license for the internal use only of the Software, by the number of users and the class of computer hardware for which the applicable fee has been paid.
Software is confidential and copyrighted.
Except as specifically authorized in any Supplemental License Terms, Customer may not make copies of Software, other than a single copy of Software for archival purposes. Customer may not modify, decompile, or reverse-engineer Software. Customer may not publish or provide the results of any benchmark or comparison tests run on Software to any third party without the prior written consent of Sun. This license is effective until terminated. Customer may terminate this license at any time by destroying all copies of Software.