Toshiba BDX2250 - Manual (Page 55)

55
English
revised
and/or new versions of the License from time to time. Each
version
will be given a distinguishing version number.
6.2. Effect of New Versions.
Once Covered Code has been published under a particular version
of the
License, You may always continue to use it under the terms
of that
version. You may also choose to use such Covered Code under
the terms
of any subsequent version of the License published by Netscape.
No one
other than Netscape has the right to modify the terms applicable
to
Covered Code created under this License.
6.3. Derivative Works.
If You create or use a modified version of this License (which
you may
only do in order to apply it to code which is not already Covered
Code
governed by this License), You must (a) rename Your license
so that
the phrases “Mozilla”, “MOZILLAPL”, “MOZPL”, “Netscape”,
“MPL”, “NPL” or any confusingly similar phrase do not appear
in your
license (except to note that your license differs from this
License)
and (b) otherwise make it clear that Your version of the license
contains terms which differ from the Mozilla Public License and
Netscape Public License. (Filling in the name of the Initial
Developer, Original Code or Contributor in the notice described
in
Exhibit A shall not of themselves be deemed to be modifications
of
this License.)
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:
(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 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