ProSoft Technology MVI56E-LDM - Manual (Page 248)

Support, Service & Warranty ControlLogix Platform ♦ "C" Programmable
Developer's Manual Linux Application Development Module
Page 242 of 264 ProSoft Technology, Inc.
March 12, 2014
6. DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER
RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
7. GENERAL
If any provision of this Agreement is invalid or unenforceable under applicable
law, it shall not affect the validity or enforceability of the remainder of the terms of
this Agreement, and without further action by the parties hereto, such provision
shall be reformed to the minimum extent necessary to make such provision valid
and enforceable.
If Recipient institutes patent litigation against any entity (including a cross-claim
or counterclaim in a lawsuit) alleging that the Program itself (excluding
combinations of the Program with other software or hardware) infringes such
Recipient's patent(s), then such Recipient's rights granted under Section 2(b)
shall terminate as of the date such litigation is filed.
All Recipient's rights under this Agreement shall terminate if it fails to comply with
any of the material terms or conditions of this Agreement and does not cure such
failure in a reasonable period of time after becoming aware of such
noncompliance. If all Recipient's rights under this Agreement terminate, Recipient
agrees to cease use and distribution of the Program as soon as reasonably
practicable. However, Recipient's obligations under this Agreement and any
licenses granted by Recipient relating to the Program shall continue and survive.
Everyone is permitted to copy and distribute copies of this Agreement, but in
order to avoid inconsistency the Agreement is copyrighted and may only be
modified in the following manner. The Agreement Steward reserves the right to
publish new versions (including revisions) of this Agreement from time to time.
No one other than the Agreement Steward has the right to modify this
Agreement. The Eclipse Foundation is the initial Agreement Steward. The
Eclipse Foundation may assign the responsibility to serve as the Agreement
Steward to a suitable separate entity. Each new version of the Agreement will be
given a distinguishing version number. The Program (including Contributions)
may always be distributed subject to the version of the Agreement under which it
was received. In addition, after a new version of the Agreement is published,
Contributor may elect to distribute the Program (including its Contributions) under
the new version. Except as expressly stated in Sections 2(a) and 2(b) above,
Recipient receives no rights or licenses to the intellectual property of any
Contributor under this Agreement, whether expressly, by implication, estoppel or
otherwise. All rights in the Program not expressly granted under this Agreement
are reserved.