Limitation Of Liability - HP BL480c - ProLiant - 4 GB RAM Manual

ENVIRONMENTS SUCH AS OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR CONTROL, OR LIFE-
CRITICAL APPLICATIONS. THE AUTHORS EXPRESSLY DISCLAIM ANY LIABILITY RESULTING FROM USE OF THE
SOFTWARE IN ANY SUCH ON-LINE EQUIPMENT IN HAZARDOUS ENVIRONMENTS AND ACCEPTS NO LIABILITY IN
RESPECT OF ANY ACTIONS OR CLAIMS BASED ON THE USE OF THE SOFTWARE IN ANY SUCH ON-LINE EQUIPMENT
IN HAZARDOUS ENVIRONMENTS BY YOU. FOR PURPOSES OF THIS PARAGRAPH, THE TERM "LIFE-CRITICAL
APPLICATION" MEANS AN APPLICATION IN WHICH THE FUNCTIONING OR MALFUNCTIONING OF THE SOFTWARE
MAY RESULT DIRECTLY OR INDIRECTLY IN PHYSICAL INJURY OR LOSS OF HUMAN LIFE. THIS DISCLAIMER OF
WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED
HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8 TERMINATION.
8.1.
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. All sublicenses to the Covered Code which are
properly granted shall survive any termination of this License. Provisions which, by their nature, must remain in effect
beyond the termination of this License shall survive.
8.2.
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.
11 MISCELLANEOUS.
12 RESPONSIBILITY FOR CLAIMS.
As between Initial 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 and Contributors to
distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any
admission of liability.
EXHIBIT A.
"The contents of this file are subject to the gSOAP Public License Version 1.3 (the "License"); you may not use this file except
in compliance with the License. You may obtain a copy of the License at
http://www.cs.fsu.edu/ engelen/soaplicense.html