Cisco Cisco IPICS Release 2.1 Licensing Information

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 a Contributor with

respect to a patent applicable to software (including a cross-claim or

counterclaim in a lawsuit), then any patent licenses granted by that

Contributor to such Recipient under this Agreement shall terminate

as of the date such litigation is filed.  In addition, 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.

 

IBM may publish new versions (including revisions) of this Agreement

from time to time.  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. No one other than IBM has the

right to modify this Agreement.  Except as expressly stated in Sections

2(a) and 2(b) above, Recipient receives no rights or licenses to the