57
Englis
h
the name of the Initial Developer, Original Code or
Contributor in the notice described in Exhibit A shall
not of themselves be deemed to be modifi cations
of this License.)
7 DISCLAIMER OF WARRANTY.
COVERED CODE IS PROVIDED UNDER THIS
LICENSE ON AN “AS IS” BASIS, WITHOUT
WARRANTY OF ANY KIND, WHETHER EXPRESS,
IMPLIED OR STATUTORY, INCLUDING, WITHOUT
LIMITATION,
THE
IMPLIED
WARRANTIES
OF MERCHANTABILITY, OF FITNESS FOR A
PARTICULAR
PURPOSE,
NONINFRINGEMENT
OF THIRD PARTY INTELLECTUAL PROPERTY
RIGHTS, AND ANY WARRANTY THAT MAY ARISE
BY REASON OF TRADE USAGE, CUSTOM, OR
COURSE OF DEALING. WITHOUT LIMITING THE
FOREGOING, YOU ACKNOWLEDGE THAT THE
SOFTWARE IS PROVIDED “AS IS” AND THAT THE
AUTHORS DO NOT WARRANT THE SOFTWARE
WILL RUN UNINTERRUPTED OR ERROR FREE.
LIMITED LIABILITY THE ENTIRE RISK AS TO
RESULTS AND PERFORMANCE OF THE SOFTWARE
IS ASSUMED BY YOU. UNDER NO CIRCUMSTANCES
WILL THE AUTHORS BE LIABLE FOR ANY
SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY
OR CONSEQUENTIAL DAMAGES OF ANY KIND
OR NATURE WHATSOEVER, WHETHER BASED
ON CONTRACT, WARRANTY, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY OR OTHERWISE,
ARISING OUT OF OR IN ANY WAY RELATED
TO THE SOFTWARE, EVEN IF THE AUTHORS
HAVE BEEN ADVISED ON THE POSSIBILITY OF
SUCH DAMAGE OR IF SUCH DAMAGE COULD
HAVE BEEN REASONABLY FORESEEN, AND
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL
PURPOSE OF ANY EXCLUSIVE REMEDY PROVIDED.
SUCH LIMITATION ON DAMAGES INCLUDES,
BUT IS NOT LIMITED TO, DAMAGES FOR LOSS
OF GOODWILL, LOST PROFITS, LOSS OF DATA
OR SOFTWARE, WORK STOPPAGE, COMPUTER
FAILURE OR MALFUNCTION OR IMPAIRMENT OF
OTHER GOODS. IN NO EVENT WILL THE AUTHORS
BE LIABLE FOR THE COSTS OF PROCUREMENT
OF SUBSTITUTE SOFTWARE OR SERVICES. YOU
ACKNOWLEDGE THAT THIS SOFTWARE IS NOT
DESIGNED FOR USE IN ON-LINE EQUIPMENT
IN HAZARDOUS ENVIRONMENTS SUCH AS
OPERATION OF NUCLEAR FACILITIES, AIRCRAFT
NAVIGATION OR CONTROL, OR LIFE-CRITICAL
APPLICATIONS. THE AUTHORS EXPRESSLY
DISCLAIM ANY LIABILITY RESULTING FROM
USE OF THE SOFTWARE IN ANY SUCH ON-LINE
EQUIPMENT IN HAZARDOUS ENVIRONMENTS
AND ACCEPTS NO LIABILITY IN RESPECT OF
ANY ACTIONS OR CLAIMS BASED ON THE USE
OF THE SOFTWARE IN ANY SUCH ON-LINE
EQUIPMENT IN HAZARDOUS ENVIRONMENTS BY
YOU. FOR PURPOSES OF THIS PARAGRAPH, THE
TERM “LIFE-CRITICAL APPLICATION” MEANS
AN APPLICATION IN WHICH THE FUNCTIONING
OR MALFUNCTIONING OF THE SOFTWARE MAY
RESULT DIRECTLY OR INDIRECTLY IN PHYSICAL
INJURY OR LOSS OF HUMAN LIFE. THIS
DISCLAIMER OF WARRANTY CONSTITUTES AN
ESSENTIAL PART OF THIS LICENSE. NO USE OF
ANY COVERED CODE IS AUTHORIZED HEREUNDER
EXCEPT UNDER THIS DISCLAIMER.
8 TERMINATION.
8.1.
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.
All sublicenses to the Covered Code which are
properly granted shall survive any termination of
this License. Provisions which, by their nature,
must remain in effect beyond the termination of
this License shall survive.
8.2.
8.3.
If You assert a patent infringement claim against
Participant alleging that such Participant’s
Contributor Version directly or indirectly infringes
any patent where such claim is resolved (such as
by license or settlement) prior to the initiation of
patent infringement litigation, then the reasonable
value of the licenses granted by such Participant
under Sections 2.1 or 2.2 shall be taken into
account in determining the amount or value of any
payment or license.
8.4.
In the event of termination under Sections 8.1 or 8.2
above, all end user license agreements (excluding
distributors and resellers) which have been validly
granted by You or any distributor hereunder prior
to termination shall survive termination.
9 LIMITATION OF LIABILITY.
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
