ZyXEL Communications ZyWall USG 2000 User Manual page 944

Appendix E Open Software Announcements
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
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 not allow the
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 "commercial 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.
11. Miscellaneous
This License represents the complete agreement concerning subject matter
hereof. If any provision of this License is held to be unenforceable, such provision
shall be reformed only to the extent necessary to make it enforceable. This
License shall be governed by California law provisions (except to the extent
applicable law, if any, provides otherwise), excluding its conflict-of-law provisions.
With respect to disputes in which at least one party is a citizen of, or an entity
chartered or registered to do business in the United States of America, any
litigation relating to this License shall be subject to the jurisdiction of the Federal
Courts of the Northern District of California, with venue lying in Santa Clara
County, California, with the losing party responsible for costs, including without
limitation, court costs and reasonable attorneys' fees and expenses. The
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ZyWALL USG 2000 User's Guide