HP VAN SDN Controller Open Source and Third-Party Software License Agreements
(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by the parties or the litigation claim is not withdrawn, the rights granted by Participant to You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.
(b) 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 EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION
MAY NOT APPLY TO YOU.
10. U.S. GOVERNMENT END USERS.
The Covered Code is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995),
consisting of "commercial computer software" and "commercial computer software documentation,"
as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and
48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire
Covered Code with only those rights set forth herein.
11. MISCELLANEOUS.
This License represents the complete agreement concerning subject matter hereof. If any provision
of this License is held to be unenforceable, such provision shall be reformed only to the extent
necessary to make it enforceable. This License shall be governed by California law provisions
(except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law
provisions. With respect to disputes in which at least one party is a citizen of, or an entity chartered
or registered to do business in the United States of America, any litigation relating to this License
shall be subject to the jurisdiction of the Federal Courts of the Northern District of California, with
venue lying in Santa Clara County, California, with the losing party responsible for costs, including
without limitation, court costs and reasonable attorneys' fees and expenses. The application of the
Mozilla Public License Version 1.1 41