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Open Source Software Notice
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and Netscape Public License. (Filling in the name of the Initial Developer, Original Code or
Contributor 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 30 days of 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 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:
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.