ZyXEL Communications ZyWall USG 2000 User Manual page 943

Appendix E Open Software Announcements
7. Disclaimer of warranty
Covered code is provided under this license on an "as is" basis, without warranty
of any kind, either expressed or implied, including, without limitation, warranties
that the covered code is free of defects, merchantable, fit for a particular purpose
or non-infringing. The entire risk as to the quality and performance of the covered
code is with you. Should any covered code prove defective in any respect, you
(not the initial developer or any other contributor) assume the cost of any
necessary servicing, repair or correction. 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. If You initiate litigation by asserting a patent infringement claim (excluding
declatory judgment actions) against Initial Developer or a Contributor (the Initial
Developer or Contributor against whom You file such action is referred to as
"Participant") alleging that:
such Participant's Contributor Version directly or indirectly infringes any patent,
then any and all rights granted by such Participant to You under Sections 2.1 and/
or 2.2 of this License shall, upon 60 days notice from Participant terminate
prospectively, unless if within 60 days after receipt of notice You either: (i) agree
in writing to pay Participant a mutually agreeable reasonable royalty for Your past
and future use of Modifications made by such Participant, or (ii) withdraw Your
litigation claim with respect to the Contributor Version against such Participant. If
within 60 days of notice, a reasonable royalty and 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withdrawn, the rights granted by Participant to You under Sections 2.1 and/or 2.2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.
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
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ZyWALL USG 2000 User's Guide