Fujitsu ETERNUS CS800, User Manual

Page: 518 / 604

necessary to make it enforceable. This License shall be governed by
the law of the jurisdiction specified in a notice contained within
the Original Software (except to the extent applicable law, if any,
provides otherwise), excluding such jurisdictions conflict-of-law
provisions. Any litigation relating to this License shall be subject
to the jurisdiction of the courts located in the jurisdiction and
venue specified in a notice contained within the Original Software,
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. You
agree that You alone are responsible for compliance with the United
States export administration regulations (and the export control
laws and regulation of any other countries) when You use, distribute
or otherwise make available any Covered Software.
10. 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.
Common Development and Distribution License (CDDL) Version 1.1
COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)Version 1.1
1. Definitions.
1.1. "Contributor” means each individual or entity that creates or
contributes to the creation of Modifications.
1.2. "Contributor Version” means the combination of the Original
Software, prior Modifications used by a Contributor (if any), and the
Modifications made by that particular Contributor.
1.3. "Covered Software” means (a) the Original Software, or (b)
Modifications, or (c) the combination of files containing Original
Software with files containing Modifications, in each case including
portions thereof.
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