Fujitsu ETERNUS CS800 S5 User Manual page 528

Common Development and Distribution License (CDDL) ETERNUS CS800 2.3.1 Open-Source
ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED
HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
6. TERMINATION.
6.1. 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. Provisions which, by
their nature, must remain in effect beyond the termination of this License
shall survive.
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.
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