Fujitsu ETERNUS CS800 S5, User Manual

Page: 585 / 634

ETERNUS CS800 2.3.1 Open-Source Source Codes Common Development And Distribution
U41840-J-Z125-7-76
585
When You are an Initial Developer and You want to create a new license for
Your Original Software, You may create and use a modified version of this
License if You: (a) rename the license and remove any references to the name
of the license steward (except to note that the license differs from this
License); and (b) otherwise make it clear that the license contains terms
which differ from this License.
5. DISCLAIMER OF WARRANTY.
COVERED SOFTWARE 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 SOFTWARE 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 SOFTWARE IS WITH YOU. SHOULD
ANY COVERED SOFTWARE 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 SOFTWARE IS AUTHORIZED
HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
6. TERMINATION.
6.1. 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. Provisions which, by
their nature, must remain in effect beyond the termination of this License
shall survive.
6.2. If You assert a patent infringement claim (excluding declaratory
judgment actions) against Initial Developer or a Contributor (the Initial
Developer or Contributor against whom You assert such claim is referred to as
Participant) alleging that the Participant Software (meaning the Contributor
Version where the Participant is a Contributor or the Original Software where
the Participant is the Initial Developer) directly or indirectly infringes
any patent, then any and all rights granted directly or indirectly to You by
such Participant, the Initial Developer (if the Initial Developer is not the
Participant) and all Contributors under Sections 2.1 and/or 2.2 of this
License shall, upon 60 days notice from Participant terminate prospectively
and automatically at the expiration of such 60 day notice period, unless if
within such 60 day period You withdraw Your claim with respect to the
Participant Software against such Participant either unilaterally or
pursuant to a written agreement with Participant.
6.3. In the event of termination under Sections 6.1 or 6.2 above, all end
user licenses that have been validly granted by You or any distributor