Cisco Cisco Broadband Access Center for Cable 5.0 Licensing Information

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.

 

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.

IBM is the initial Agreement Steward. IBM 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