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HP MediaSmart Server User's Guide
the covered code is free of defects, merchantable, fit for a particular purpose or non-
infringing. The entire risk as to the quality and performance of the covered code is
with 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
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withdrawn, the rights granted by Participant to You under Sections
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
amount or value of any payment or license.
8.4. In the event of termination under Sections
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
212
2.1
or
2.2
shall be taken into account in determining the
8.1
or
8.2
above, all end user license
2.1
2.1
and/or
2.2
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