Jung Smart Visu Server Produktdokumentation Seite 149

requires any other Contributor to pay any damages as a result, the Commercial
Contributor must pay those damages.
5. NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY
KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY
WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is
solely responsible for determining the appropriateness of using and distributing the
Program and assumes all risks associated with its exercise of rights under this Agreement
, including but not limited to the risks and costs of program errors, compliance with
applicable laws, damage to or loss of data, programs or equipment, and unavailability or
interruption of operations.
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
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