Sun Microsystems letterhead] November 5, 1998 Mr. Rick LeFaivre Borland International, Inc. 100 Borland Way Scotts Valley, CA 95066 Re: Administrative Amendment regarding High Risk Restrictions Dear Mr. LeFaivre:
Exhibit 10.7
[Sun Microsystems letterhead]
November 5, 1998
Xx. Xxxx XxXxxxxx
Xxxxxxx International, Inc.
000 Xxxxxxx Xxx
Xxxxxx
Xxxxxx, XX 00000
Re: Administrative Amendment regarding High Risk Restrictions
Dear Xx. XxXxxxxx:
Your Technology License and Distribution Agreement with Sun for certain Java Technology (“TLDA”) contains a provision entitled “High Risk Activities” which: (i) provides notice that the Java Technology is not intended for certain applications or environments; (ii) prohibits your distribution of products containing the technology for such use; and (iii) requires you to flow down the notice to your licensees.
Xxx has elected to make the latter two requirements optional on your part. As such, the following revised High Risk Activities provision may be submitted at your election in place of your current High Risk Activities clause.
“The Technology is not designed or intended for use in on-line control of aircraft, air traffic, aircraft navigation or aircraft communications; or in the design, construction, operation or maintenance of any nuclear facility. Sun disclaims any express or implied warranty of fitness for such uses.”
This administrative amendment does not require your written acknowledgment or approval.
Sincerely,
/s/ Xxxx Xxxxxx
Xxxxxxx X. Xxxxxx
Director, Legal
Software and Technology