Fujitsu ETERNUS CS800 S6 User Manual page 491

6. TERMINATION.
6.1. 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. Provisions which, by their nature, must remain in effect
beyond the termination of this License shall survive.
6.2. If You assert a patent infringement claim (excluding declaratory judgment
actions) against Initial Developer or a Contributor (the Initial Developer or Contributor
against whom You assert such claim is referred to as "Participant") alleging that the
Participant Software (meaning the Contributor Version where the Participant is a
Contributor or the Original Software where the Participant is the Initial Developer)
directly or indirectly infringes any patent, then any and all rights granted directly or
indirectly to You by such Participant, the Initial Developer (if the Initial Developer is
not the Participant) and all Contributors under Sections 2.1 and/or 2.2 of this License
shall, upon 60 days notice from Participant terminate prospectively and automatically
at the expiration of such 60 day notice period, unless if within such 60 day period You
withdraw Your claim with respect to the Participant Software against such Participant
either unilaterally or pursuant to a written agreement with Participant.
6.3. If You assert a patent infringement claim against Participant alleging that the
Participant Software 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.
6.4. In the event of termination under Sections 6.1 or 6.2 above, all end user licenses
that have been validly granted by You or any distributor hereunder prior to
termination (excluding licenses granted to You by any distributor) shall survive
termination.
7. 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 SOFTWARE, 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
ETERNUS CS800 491