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ABBYY® FineReader PDF User’s Guide
8.2. If You initiate litigation by asserting a patent infringement claim (excluding declatory 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:
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litigation claim is not withdrawn, the rights granted by Participant to You under Sections 2.1 and/or 2.2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.
any software, hardware, or device, other than such Participant's Contributor Version, directly or
indirectly infringes any patent, then any rights granted to You by such Participant under Sections 2.1(b)
and 2.2(b) are revoked effective as of the date You first made, used, sold, distributed, or had made,
Modifications made by that Participant.
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 SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR
DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT
APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE