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.
11. MISCELLANEOUS.
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
conflictof-law provisions. With respect to disputes in which at
least one party is a citizen of, or an entity chartered or registered
to do business in the United States of America, any litigation
relating to this License shall be subject to the jurisdiction of the
Federal Courts of the Northern District of California, with venue
lying in Santa Clara County, California, with the losing party
responsible for costs, including without limitation, court costs
and reasonable attorneys’ fees and expenses. The application of
the United Nations Convention on Contracts for the International
Sale of Goods is expressly excluded. Any law or regulation
which provides that the language of a contract shall be
construed against the drafter shall not apply to this License.
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.
13. MULTIPLE-LICENSED CODE.
Initial Developer may designate portions of the Covered Code
as Multiple-Licensed. Multiple-Licensedmeans that the Initial
Developer permits you to utilize portions of the Covered Code
under Your choice of the MPL or the alternative licenses, if any,
specified by the Initial Developer in the file described in Exhibit A.
EXHIBIT A -Mozilla Public License.
The contents of this file are subject to the Mozilla Public License
Version 1.1 (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.mozilla.org/MPL/Software distributed
under the License is distributed on an “AS IS” basis, WITHOUT
WARRANTY OF ANY KIND, either express or implied. See the
License for the specific language governing rights and limitations
under the License.
The Original Code is ___________________________________.
The Initial Developer of the Original Code is
________________________. Portions created by
______________________ are Copyright (C) ______
_______________________. All Rights Reserved.
Contributor(s): ______________________________________.
Alternatively, the contents of this file may be used under the
terms of the _____ license (the [___] License), in which case the
provisions of [______] License are applicable instead of those
above. If you wish to allow use of your version of this file only
under the terms of the [____] License and not to allow others
to use your version of this file under the MPL, indicate your
decision by deleting the provisions above and replace them with
the notice and other provisions required by the [___] License. If
you do not delete the provisions above, a recipient may use your
version of this file under either the MPL or the [___] License.”
[NOTE: The text of this Exhibit A may differ slightly from the text
of the notices in the Source Code files of the Original Code. You
should use the text of this Exhibit A rather than the text found in
the Original Code Source Code for Your Modifications
