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5. Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT OR
OTHERWISE, SHALL RED HAT, PRINTRONIX, ANY OTHER
CONTRIBUTOR, OR ANY DISTRIBUTOR OF THE EMBEDDED
SOFTWARE, OR ANY PART THEREOF, OR ANY SUPPLIER OF ANY OF
SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER 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 THAT EXCLUSION
AND LIMITATION MAY NOT APPLY TO YOU.
6. U.S. Government Users
The Embedded Software 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.
7. Miscellaneous
This Agreement represents the complete agreement concerning subject
matter hereof. If any provision of this Agreement is held to be unenforceable.
This Agreement shall be governed by California law provisions (except to the
extent applicable law, if any, provides otherwise), excluding its conflict-of-law
provisions.334 Communication Statements
8. Red Hat Statement With Regards to eCos Software
eCos is free software; you can redistribute it and/or modify it under the terms
of the GNU General Public License as published by the Free Software
Foundation, version 2 or a later.
eCos is distributed WITHOUT ANY WARANTY, without even the implied
warranty of MERCHANT ABILITY or FITNESS FOR A PARTICULAR
PURPOSE. See the GNU General Public License for more details.
You should receive a copy of the GNU General Public License along with
eCos. If not, write to:Free Software Foundation, Inc.59 Temple Place, Suite
330Boston, MA 02111-1307 USA.
As special exception, if other files instantiate templates or use macros or
inline functions from this file, you could compile this file and link it with other
works to produce work based on this file. This file does not by itself cause the
resulting work to be covered by the GNU General Public License. However,
the source code for this file must be made available in accordance with
section (3) of the GNU General Public License.