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Anhang
 Open Source Announcement
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by the parties or the litigation claim is not withdrawn, the rights granted by Participant to You under Sections 2.1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 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 conflict-of-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
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