Licenses, Copyrights and Notices for Open Source Components
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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.
13. Multiple-licensed code
Initial Developer may designate portions of the Covered Code as "Multiple-Licensed".
"Multiple-Licensed" means that the Initial Developer permits you to utilize portions of
Summary of Contents for LX195 - MediaSmart Server - 1 GB RAM
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