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is not withdrawn, the rights granted by Participant to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.
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.
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.
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
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