Samsung SLS-BU103 Product Safety Manual page 58

PSW.book Page 56 Wednesday, February 27, 2013 2:49 PM
6. DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT,
NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE
ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF
THE USE OR DISTRIBUTION OF THE PROGRAM OR THE
EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. GENERAL
If any provision of this Agreement is invalid or unenforceable
under applicable law, it shall not affect the validity or
enforceability of the remainder of the terms of this
Agreement, and without further action by the parties hereto,
such provision shall be reformed to the minimum extent
necessary to make such provision valid and enforceable.
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If Recipient institutes patent litigation against a Contributor
with respect to a patent applicable to software (including a
cross-claim or counterclaim in a lawsuit), then any patent
licenses granted by that Contributor to such Recipient under
this Agreement shall terminate as of the date such litigation
is filed. In addition, if Recipient institutes patent litigation
against any entity (including a cross-claim or counterclaim in
a lawsuit) alleging that the Program itself (excluding
combinations of the Program with other software or
hardware) infringes such Recipient's patent(s), then such
Recipient's rights granted under Section 2(b) shall terminate
as of the date such litigation is filed.
All Recipient's rights under this Agreement shall terminate if
it fails to comply with any of the material terms or conditions
of this Agreement and does not cure such failure in a
reasonable period of time after becoming aware of such
noncompliance. If all Recipient's rights under this Agreement
terminate, Recipient agrees to cease use and distribution of
the Program as soon as reasonably practicable. However,
Recipient's obligations under this Agreement and any
licenses granted by Recipient relating to the Program shall
continue and survive.