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.
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 application of the United
Nations Convention on Contracts for the International Sale of Goods is expressly
excluded. Any law or regulation which provides that the language of a contract
shall be construed against the drafter shall not apply to this License.
12.RESPONSIBILITY FOR CLAIMS.
As between Initial Developer, Original Developer and the Contributors, each party
is responsible for claims and damages arising, directly or indirectly, out of its
utilization of rights under this License and You agree to work with Initial Developer,
Original Developer and Contributors to distribute such responsibility on an
equitable basis. Nothing herein is intended or shall be deemed to constitute any
admission of liability.
75 Series Mobile Computer User Guide