ZyXEL Communications ZYWALL USG 20 Manual page 932

Appendix E Open Software Announcements
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the litigation claim is not withdrawn, the rights granted by Participant to You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.
b. 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
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.
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ZyWALL USG 20/20W User's Guide