(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.
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.
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.
This License represents the complete
agreement concerning subject
matter hereof. If any provision of this License is
held to be
unenforceable, such provision shall be
reformed only to the extent
necessary to make it enforceable. This License
shall be governed by
California law provisions (except to the extent
applicable law, if
any, provides otherwise), excluding its conflict-
of-law provisions.
With respect to disputes in which at least one
party is a citizen of,
106
