Samsung MIM-B17 User Manual page 183

In case of conflicting dispositions in the
parts of this license, the terms of the lower-
numbered part will always be superseded by
the terms of the higher numbered part.
7. DISCLAIMER OF WARRANTY.
COVERED CODE IS PROVIDED UNDER
THIS LICENSE ON AN "AS IS" BASIS,
WITHOUT WARRANTY OF ANY KIND,
E I T H E R E X P R E S S E D O R I M P L I E D ,
I N C L U D I N G , W I T H O U T L I M I TAT I O N ,
WARRANTIES THAT 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
H E R E U N D E R E X C E P T U N D E R T H I S
DISCLAIMER.
8. TERMINATION.
8.1 Termination upon Breach
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
that, by their nature, must remain in effect
beyond the termination of this License
shall survive.
8.2. Termination Upon Litigation.
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:
. 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or the litigation claim is not withdrawn, the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.
a. 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
g r a n t e d b y Yo u o r a n y d i s t r i b u t o r
hereunder prior to termination shall survive
termination.
9. LIMITATION OF LIABILITY.
U N D E R N O C I R C U M S TA N C E S A N D
20