operation manual

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
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 United Nations Convention
on
Contracts for the International Sale of Goods is expressly
excluded.
Any law or regulation which provides that the language of a
contract
shall be construed against the drafter shall not apply to this
License.
As between Initial Developer and the Contributors, each
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