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withdrawn, the rights granted by Participant to You under Sections 2.1 and/or 2.2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.
(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
U430_UG.book Page xiv Monday, May 10, 2010 10:51 AM
