LG 47LD650 Owner's Manual page 108

APPENDIX
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'7. DISCLAIMER OF:' WARRANTY.
COVERED CODE tS PROVIDED UNDER 'THIS
LICENSE ON AN "AS IS" BABUS, WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED_ INCLUDING, WITHOUT LIMITATION,
WARRANTIES THAT THE COVERED CODE iS FREE
OF DEFEC[S_ MERCHANTABLE, FIT FOR A 8.3.
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 tN ANY RESPEC_ YOU (NOT ]"HE
INITIAL DEVELOPER OR ANY OTHER
CONTRIBUTOR) ASSUME THE COST OF ANY
NECESSARY SERVICING, REPAIR OR CORRECTION.
THIS DISCLAIMER OF WARRANqPY CONSTITUTES
AN ESSENTAL PART OF THIS LICENSE. NO USE &4.
OF ANY COVERED CODE IS AUTHORIZED
HEREUNDER EXCEPT UNDER THIS DtSCLA MER.
8, TERMHNATION,
8,1,
This license and the rights granted hereunder wll
terminate automatically if you fail to comply wth
terms herein and fail to cure such breach withn 30
days of becoming aware of the breach. All subli-
tenses fo the covered code which are properly
granted shall survive any fe_'minalion of this license.
Provisions which, by their nature_ must remain ir
effect beyond the termination of this Iiicense sha
su rvive.
B,2,
If you initiate I tiga'tion by assert ng a patent infr nge
ment claim (excluding declatory judgment actions)
against initial deveHoper or a contributor (the nifial
developer or contributor against whom you file such
action is referred to as _Partic pant") alleging that:
(a) such participan'f's contributor version directly or
indirectly infringes any patent, then any and all
rights granted by such pattie pant to you under
sections 2.1 and/or 2_2 of ths license shall, upon
60 days notice from Participant terminate pro-
spectiveiy, unless if within 60 days after receipt of
notice you ell'her: (i) agree n wdting to pay par
ticipant a mutual!lly agreeable reasonable royalty for
your past and future use of raodifications made
by such participant, or (i) withdraw your lifigafon
claim with respect to the contributor version
against such participant, if wthn 60 days of notice_
a reasonable royalty and paymenl arrangement
are not mutually agreed upon in writing by the
padaes or the litigation clam is no'l withdrawn the
rights granted by participant to you under sec-
tions 2] and/or 22 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 Verso% directly or ndi .....
rectiy infr nges any patent, then any rights grant-
ed 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_ soId_ distributed, or
had made, modifications made by that partici ....
pant
If you assert a patent nfringement claim against
participant atieging that such participant's contribu-
tor version directly or ndirecfly infringes any paten'f
where such claim is. resolved (such as by license or
seftlerr'len9 priior to the in tiation of patent infringe .....
ment Ifigafion, then the reasonable va_ue of the
I_censes granted by such partidpanf under sections
2.1 or 22 sha/I be taken into account in determining
the amount or 'value of any paymen'f or license.
In the event of '!erminat"or_ under sections B] or 8.2
above, aii end user license agreements (exciud ng ds-
tributors and resellers) which have been validRy
granted by you or any d strbutor hereunder prior to
t'erminat on shall survive termination.
9. LIMITATION OF LIABIMTh(
UNDER NO CIRCUMSTANCES AND UNDER NO
LEGAL THEORY, WHETHER TORT (INCLUDING
NEGLIGENCE), CONTRACI] OR O'THERWISE_
SHALL YOU_ THE _NIT AL DEVELOPER ANY OT_tER
CONTRIBUTOR_ OR ANY DISTRIBUTOR OF
COVERED CODEpR ANY SUPPLIER OF ANY OF
SUCH PARTiES_ BE LABLE TO ANY PERSON FOR
ANY ND_REC_I SPECIAL_ IINCIDENIAL, OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER
INCLUDtNG_ W_THOUT LIMITATION_ DAMAGES
FOR LOSS OF GOODWL..L_ WORK STOPPAGE,
COMPUTER FAE_URE OR MALFUNCT!ON_ 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 SHAL.L
NOT APPLY TO LIABILITY FOR DEATH OR
PERSONAL INJURY RESULTING FROM SUCH
PARTY'S NEGLIGENCE TO THE EXTENT
APPLICABLE L/_W PROHIBITS SUCH L_MIT/\llON.
SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATON 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 s defined in 48 C.KR. 2.10t (Oct 1995) corn
sisfing of '_commercial computer software' and 'corn .....
mercial computer software documentation' as such
terms are used in 48 C,RR, t2.212 (Sept. 1995)o
Consistent with 48 C.RR. 12212 and 48 CAR.
227.7202-1 through 227J202-4 (June 1995), all
U.S. Government end users acquire covered code
with only those rights set forth herein.