HP e-Commerce Server Accelerator sa7120 User Manual
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A P P E N D I X E HP e-Commerce Server Accelerator SA7100/SA7120 User Guide
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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 declaratory 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:
(a) 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