Users Guide

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stated in the immediately proceeding sentence, the Original Work is provided under this
License on an "AS IS" BASIS and WITHOUT WARRANTY, either express or implied,
including, without limitation, the warranties of NON-INFRINGEMENT,
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO
THE QUALITY OF THE ORIGINAL WORK IS WITH YOU. This DISCLAIMER OF WARRANTY
constitutes an essential part of this License. No license to Original Work is granted
hereunder except under this disclaimer.
8) Limitation of Liability. Under no circumstances and under no legal theory, whether in
tort (including negligence), contract, or otherwise, shall the Licensor be liable to any
person for any direct, indirect, special, incidental, or consequential damages of any
character arising as a result of this License or the use of the Original Work including,
without limitation, damages for loss of goodwill, work stoppage, computer failure or
malfunction, or any and all other commercial damages or losses. This limitation of liability
shall not apply to liability for death or personal injury resulting from Licensor's negligence
to the extent applicable law prohibits such limitation. Some jurisdictions do not allow the
exclusion or limitation of incidental or consequential damages, so this exclusion and
limitation may not apply to You.
9) Acceptance and Termination. If You distribute copies of the Original Work or a
Derivative Work, You must make a reasonable effort under the circumstances to obtain
the express assent of recipients to the terms of this License. Nothing else but this License
(or another written agreement between Licensor and You) grants You permission to
create Derivative Works based upon the Original Work or to exercise any of the rights
granted in Section 1 herein, and any attempt to do so except under the terms of this
License (or another written agreement between Licensor and You) is expressly prohibited
by U.S. copyright law, the equivalent laws of other countries, and by international treaty.
Therefore, by exercising any of the rights granted to You in Section 1 herein, You indicate
Your acceptance of this License and all of its terms and conditions.
10) Termination for Patent Action. This License shall terminate automatically and You may
no longer exercise any of the rights granted to You by this License as of the date You
commence an action, including a cross-claim or counterclaim, against Licensor or any
licensee alleging that the Original Work infringes a patent. This termination provision shall
not apply for an action alleging patent infringement by combinations of the Original Work
with other software or hardware.
11) Jurisdiction, Venue and Governing Law. Any action or suit relating to this License may
be brought only in the courts of a jurisdiction wherein the Licensor resides or in which
Licensor conducts its primary business, and under the laws of that jurisdiction excluding
its conflict-of-law provisions. The application of the United Nations Convention on
Contracts for the International Sale of Goods is expressly excluded. Any use of the
Original Work outside the scope of this License or after its termination shall be subject to
the requirements and penalties of the U.S. Copyright Act, 17 U.S.C. § 101 et seq., the
equivalent laws of other countries, and international treaty. This section shall survive the
termination of this License.
12) Attorneys Fees. In any action to enforce the terms of this License or seeking damages
relating thereto, the prevailing party shall be entitled to recover its costs and expenses,
including, without limitation, reasonable attorneys' fees and costs incurred in connection