75
Once Covered Code has been published under a particular version of the License, You may always continue to use it under the terms of that version. You
may also choose to use such Covered Code under the terms of any subsequent version of the License published by Netscape. No one other than Netscape has
the right to modify the terms applicable to Covered Code created under this License.
6.3. Derivative Works
If You create or use a modified version of this License (which you may only do in order to apply it to code which is not already Covered Code governed by
this License), You must (a) rename Your license so that the phrases “Mozilla”, “MOZILLAPL”, “MOZPL”, “Netscape”, “MPL”, “NPL” or any confusingly similar
phrase do not appear in your license (except to note that your license differs from this License) and (b) otherwise make it clear that Your version of the
license contains terms which differ from the Mozilla Public License 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.
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 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.
12. Responsibility for claims
As between Initial Developer and the Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of
rights under this License and You agree to work with Initial Developer and Contributors to distribute such responsibility on an equitable basis. Nothing herein
is intended or shall be deemed to constitute any admission of liability.
Summary of Contents for VH2
Page 1: ...Product Manual ...
