ZyXEL Communications NSA-2400 Guia do Utilizador descarregar pdf (Página 150)

NSA-2400 User’s Guide

150 Appendix D Open Source Licences

8.2. If You initiate litigation by asserting a patent infringement claim (excluding declaratory

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:

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 terminate 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mutually agreed upon in writing by the parties or the litigation claim is not withdrawn, the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.

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

1 2 ... 145 146 147 148 149 150 151 152 153 154 155 ... 159 160

Sem comentários

ZyXEL Communications NSA-2400 Guia do Utilizador Página 150