126
ENG
ENGLISH
OPEN SOURCE LICENSE
YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL
DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR
OR CORRECTION. 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. If You initiate litigation by asserting a patent infringement claim (excluding declatory judgment actions) against Initial
Developer or a Contributor (the Initial Developer or Contributor against whom You file such action is referred to as
“Participant”) alleging that:
(a) such Participant’s Contributor Version directly or indirectly infringes any patent, then any and all rights granted by
such Participant to You under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant termi-
nate prospectively, unless if within 60 days after receipt of notice You either: (i) agree in writing to pay Participant a
mutually agreeable reasonable royalty for Your past and future use of Modifications made by such Participant, or (ii)
withdraw Your litigation claim with respect to the Contributor Version against such Participant. If within 60 days of notice,
a reasonable royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation
claim is not withdrawn, the rights granted by Participant to You under Sections 2.1 and/or 2.2 automatically terminate at
the expiration of the 60 day notice period specified above.
(b) any software, hardware, or device, other than such Participant’s Contributor Version, directly or indirectly infringes
any patent, then any rights granted to You by such Participant under Sections 2.1(b) and 2.2(b) are revoked effective as
of the date You first made, used, sold, distributed, or had made, Modifications made by that Participant.
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 ini-
tiation 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 resell-
ers) 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 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 ‘’com-
mercial 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
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