ZyXEL Communications X2002, Руководство пользователя

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Appendix B Open Software Announcements
X2002 User’s Guide
539
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withdrawn, the rights granted by Participant to You under Sections 2.1 and/or 2.2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
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 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 "commercial computer software" and
"commercial computer software documentation," as such terms are used in 48