LG 26LV255C Owner's Manual page 121

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OPEN
SOURCE
LICENSE
121
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 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withdrawn,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.
(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 NOTALLOWTHE
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.

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