its exercise of rights under this Agreement, including but not limited to the risks and costs of program errors,
compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or
interruption of operations.
6. DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS),
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR
TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. GENERAL
If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the
validity or enforceability of the remainder of the terms of this Agreement, and without further action by the
parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision
valid and enforceable.
If Recipient institutes patent litigation against a Contributor with respect to a patent applicable to software
(including a cross-claim or counterclaim in a lawsuit), then any patent licenses granted by that Contributor to
such Recipient under this Agreement shall terminate as of the date such litigation is filed. In addition, if
Recipient institutes patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit)
alleging that the Program itself (excluding combinations of the Program with other software or hardware)
infringes such Recipient's patent(s), then such Recipient's rights granted under Section 2(b) shall terminate
as of the date such litigation is filed.
All Recipient's rights under this Agreement shall terminate if it fails to comply with any of the material terms or
conditions of this Agreement and does not cure such failure in a reasonable period of time after becoming
aware of such noncompliance. If all Recipient's rights under this Agreement terminate, Recipient agrees to
cease use and distribution of the Program as soon as reasonably practicable. However, Recipient's
obligations under this Agreement and any licenses granted by Recipient relating to the Program shall
continue and survive.
Everyone is permitted to copy and distribute copies of this Agreement, but in order to avoid inconsistency the
Agreement is copyrighted and may only be modified in the following manner. The Agreement Steward
reserves the right to publish new versions (including revisions) of this Agreement from time to time. No one
other than the Agreement Steward has the right to modify this Agreement. IBM is the initial Agreement
Steward. IBM may assign the responsibility to serve as the Agreement Steward to a suitable separate entity.
Each new version of the Agreement will be given a distinguishing version number. The Program (including
Contributions) may always be distributed subject to the version of the Agreement under which it was
received. In addition, after a new version of the Agreement is published, Contributor may elect to distribute
the Program (including its Contributions) under the new version. Except as expressly stated in Sections 2(a)
and 2(b) above, Recipient receives no rights or licenses to the intellectual property of any Contributor under
this Agreement, whether expressly, by implication, estoppel or otherwise. All rights in the Program not
expressly granted under this Agreement are reserved.
This Agreement is governed by the laws of the State of New York and the intellectual property laws of the
United States of America. No party to this Agreement will bring a legal action under this Agreement more than
one year after the cause of action arose. Each party waives its rights to a jury trial in any resulting litigation.
///////////////////////////////////////////////////////////////////
GNU Lesser General Public License for Linux Driver and Windows Driver
The software included in this product contains copyrighted software that is licensed under the LGPL.
You may obtain the complete Corresponding Source code from us for a period of three years after our last
shipment of this product by sending email to: [email protected]
If you want to obtain the complete Corresponding Source code in the physical medium such as CD-ROM, the
