Fujitsu ETERNUS CS800, Руководство пользователя

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6.2. If You assert a patent infringement claim (excluding declaratory
judgment actions) against Initial Developer or a Contributor (the
Initial Developer or Contributor against whom You assert such claim is
referred to as "Participant”) alleging that the Participant Software
(meaning the Contributor Version where the Participant is a Contributor
or the Original Software where the Participant is the Initial Developer)
directly or indirectly infringes any patent, then any and all rights
granted directly or indirectly to You by such Participant, the Initial
Developer (if the Initial Developer is not the Participant) and all
Contributors under Sections 2.1 and/or 2.2 of this License shall, upon
60 days notice from Participant terminate prospectively and
automatically at the expiration of such 60 day notice period, unless if
within such 60 day period You withdraw Your claim with respect to the
Participant Software against such Participant either unilaterally or
pursuant to a written agreement with Participant.
6.3. If You assert a patent infringement claim against Participant
alleging that the Participant Software 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.
6.4. In the event of termination under Sections 6.1 or 6.2 above, all
end user licenses that have been validly granted by You or any
distributor hereunder prior to termination (excluding licenses granted
to You by any distributor) shall survive termination.
7. 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
SOFTWARE, 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
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