3.4.0/3.5.1 Matrix Server Third-Party Licenses

47
in the notice described in Exhibit A shall not of themselves be deemed to be modifications of this
License.)
7. DISCLAIMER OF WARRANTY. COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN
"AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF
DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE
ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU.
SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL
DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY
SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN
ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED
HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8. TERMINATION.
8.1 This License and the rights granted hereunder will terminate automatically if You fail to comply with
terms herein and fail to cure such breach within a reasonable time after becoming aware of the breach.
All sublicenses to the Covered Code which are properly granted shall survive any termination of this
License. Provisions which, by their nature, must remain in effect beyond the termination of this License
shall survive.
8.2 If You initiate litigation by asserting a patent infringement claim (excluding declaratory judgment
actions) against Initial Developer or a Contributor (the Initial Developer or Contributor against whom You
file such action is referred to as "Participant") alleging that:
(a) such Participant's Contributor Version directly or indirectly infringes any patent, then any and all
rights granted by such Participant to You under Sections 2.1 and/or 2.2 of this License shall, upon 60
days notice from Participant terminate prospectively, unless if within 60 days after receipt of notice
You either: (i) agree in writing to pay Participant a mutually agreeable reasonable royalty for Your
past and future use of Modifications made by such Participant, or (ii) withdraw Your litigation claim
with respect to the Contributor Version against such Participant. If within 60 days of notice, a
reasonable royalty and payment arrangement are not mutually agreed upon in writing by the parties
or the litigation claim is not withdrawn, the rights granted by Participant to You under Sections 2.1
and/or 2.2 automatically terminate at the expiration of the 60 day notice period specified above.
8.3 If You assert a patent infringement claim against Participant alleging that such Participant's
Contributor Version directly or indirectly infringes any patent where such claim is resolved (such as by
license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of
the licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken into account in
determining the amount or value of any payment or license.
8.4 In the event of termination under Sections 8.1 or 8.2 above, all end user license agreements
(excluding distributors and resellers) which have been validly granted by You or any distributor
hereunder prior to termination shall survive termination.
9. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE
INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE,
OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE,
COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES
OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF