Sun Microsystems irrevocably covenants that, subject solely to the condition described below, it will not assert any of its U.S. or foreign patents against that portion of a product that implements the SOAP/TCP v1.0 specification or any subsequent version of this specification in whose development Sun participates ("SOAP/TCP Implementation”). Condition: this covenant shall not apply with respect to any individual, corporation or other entity that asserts or threatens at any time to enforce its own or any other party's U.S. or foreign patents against any SOAP/TCP Implementation. This statement is not an assurance either (i) that any of Sun's issued patents cover a SOAP/TCP Implementation or are enforceable, or (ii) that a SOAP/TCP Implementation would not infringe patents or other intellectual property rights of any third party. No other rights except those expressly stated in this Non-Assertion Covenant shall be deemed granted, waived, or received by implication, or estoppel, or otherwise.

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