User's Manual

57
English
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 modifi cations
of this License
.)
7 DISCL
AIMER OF WARRANTY.
COVERED
CODE IS PROVIDED UNDER THIS
LICENSE
ON AN “AS IS” BASIS, WITHOUT
W
ARRANTY OF ANY KIND, WHETHER EXPRESS,
IMPLIED
OR STATUTORY, INCLUDING, WITHOUT
LIMI
TATION, THE IMPLIED WARRANTIES
OF
MERCHANTABILITY, OF FITNESS FOR A
PA
RTICULAR PURPOSE, NONINFRINGEMENT
OF
THIRD PARTY INTELLECTUAL PROPERTY
RIGHTS,
AND ANY WARRANTY THAT MAY ARISE
BY
REASON OF TRADE USAGE, CUSTOM, OR
COURSE
OF DEALING. WITHOUT LIMITING THE
FOREGOING,
YOU ACKNOWLEDGE THAT THE
SO
FTWARE IS PROVIDED “AS IS” AND THAT THE
AUTHORS
DO NOT WARRANT THE SOFTWARE
WILL
RUN UNINTERRUPTED OR ERROR FREE.
LIMITED
LIABILITY THE ENTIRE RISK AS TO
RESU
LTS AND PERFORMANCE OF THE SOFTWARE
IS
ASSUMED BY YOU. UNDER NO CIRCUMSTANCES
WILL
THE AUTHORS BE LIABLE FOR ANY
SPECIAL,
INDIRECT, INCIDENTAL, EXEMPLARY
OR
CONSEQUENTIAL DAMAGES OF ANY KIND
OR
NATURE WHATSOEVER, WHETHER BASED
ON
CONTRACT, WARRANTY, TORT (INCLUDING
NEGLIGENCE),
STRICT LIABILITY OR OTHERWISE,
ARISING
OUT OF OR IN ANY WAY RELATED
TO
THE SOFTWARE, EVEN IF THE AUTHORS
HA
VE BEEN ADVISED ON THE POSSIBILITY OF
SUCH
DAMAGE OR IF SUCH DAMAGE COULD
HA
VE BEEN REASONABLY FORESEEN, AND
NO
TWITHSTANDING ANY FAILURE OF ESSENTIAL
PURPOSE
OF ANY EXCLUSIVE REMEDY PROVIDED.
SUCH
LIMITATION ON DAMAGES INCLUDES,
BUT
IS NOT LIMITED TO, DAMAGES FOR LOSS
OF
GOODWILL, LOST PROFITS, LOSS OF DATA
OR
SOFTWARE, WORK STOPPAGE, COMPUTER
F
AILURE OR MALFUNCTION OR IMPAIRMENT OF
OT
HER GOODS. IN NO EVENT WILL THE AUTHORS
BE
LIABLE FOR THE COSTS OF PROCUREMENT
OF
SUBSTITUTE SOFTWARE OR SERVICES. YOU
ACKNOWLEDGE
THAT THIS SOFTWARE IS NOT
DESIGNED
FOR USE IN ON-LINE EQUIPMENT
IN
HAZARDOUS ENVIRONMENTS SUCH AS
OPERA
TION OF NUCLEAR FACILITIES, AIRCRAFT
NA
VIGATION OR CONTROL, OR LIFE-CRITICAL
APPLICA
TIONS. THE AUTHORS EXPRESSLY
DISCL
AIM ANY LIABILITY RESULTING FROM
USE
OF THE SOFTWARE IN ANY SUCH ON-LINE
EQUIPMENT
IN HAZARDOUS ENVIRONMENTS
AND
ACCEPTS NO LIABILITY IN RESPECT OF
ANY
ACTIONS OR CLAIMS BASED ON THE USE
OF
THE SOFTWARE IN ANY SUCH ON-LINE
EQUIPMENT
IN HAZARDOUS ENVIRONMENTS BY
YOU.
FOR PURPOSES OF THIS PARAGRAPH, THE
TERM “LIFE-CRITICAL APPLICATION” MEANS
AN APPLICATION IN WHICH THE
FUNCTIONING
OR MALFUNCTIONING OF THE SOFTWARE MA
Y
RESULT DIRECTLY OR INDIRECTLY IN
PHYSICAL
INJURY OR LOSS OF HUMAN LIFE. 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.
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 va
lue 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 DISTRIBUT
OR
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 STOPPA
GE,
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 LIABILIT
Y