Samsung SDS-P5102/P5122 User Manual

b)  under Patent Claims infringed by the making, using, or selling of 

Modifications made by that Contributor either alone and/or in 

combination with its Contributor Version (or portions of such 

combination), to make, use, sell, offer for sale, have made, and/or 

otherwise dispose of: (1) Modifications made by that Contributor 

(or portions thereof); and (2) the combination of Modifications 

made by that Contributor with its Contributor Version (or portions 

of such combination).

c)  The licenses granted in Sections 2.2(a) and 2.2(b) are effective on 

the date Contributor first distributes or otherwise makes the 

Modifications available to a third party.

d)  Notwithstanding Section 2.2(b) above, no patent license is 

granted: (1) for any code that Contributor has deleted from the 

Contributor Version; (2) for infringements caused by: (i) third party 

modifications of Contributor Version, or (ii) the combination of 

Modifications made by that Contributor with other software 

(except as part of the Contributor Version) or other devices; or (3) 

under Patent Claims infringed by Covered Software in the absence 

of Modifications made by that Contributor.

3. distribution obligations.
3.1. Availability of Source Code.
Any Covered Software that You distribute or otherwise make available in 

Executable form must also be made available in Source Code form and 

that Source Code form must be distributed only under the terms of this 

License. You must include a copy of this License with every copy of the 

Source Code form of the Covered Software You distribute or otherwise 

make available. You must inform recipients of any such Covered 

Software in Executable form as to how they can obtain such Covered 

Software in Source Code form in a reasonable manner on or through a 

medium customarily used for software exchange.
3.2. Modifications.
The Modifications that You create or to which You contribute are 

governed by the terms of this License. You represent that You believe 

Your Modifications are Your original creation(s) and/or You have 

sufficient rights to grant the rights conveyed by this License.
3.3. Required Notices.
You must include a notice in each of Your Modifications that identifies 

You as the Contributor of the Modification. You may not remove or alter 

any copyright, patent or trademark notices contained within the 

Covered Software, or any notices of licensing or any descriptive text 

giving attribution to any Contributor or the Initial Developer.
3.4. Application of Additional Terms.
You may not offer or impose any terms on any Covered Software in 

Source Code form that alters or restricts the applicable version of this 

License or the recipients’ rights hereunder. You may choose to offer, 

and to charge a fee for, warranty, support, indemnity or liability 

obligations to one or more recipients of Covered Software. However, 

you may do so only on Your own behalf, and not on behalf of the Initial 

Developer or any Contributor. You must make it absolutely clear that any 

such warranty, support, indemnity or liability obligation is offered by You 

alone, and You hereby agree to indemnify the Initial Developer and every 

Contributor for any liability incurred by the Initial Developer or such 

Contributor as a result of warranty, support, indemnity or liability terms 

You offer.
3.5. Distribution of Executable Versions.
You may distribute the Executable form of the Covered Software under 

the terms of this License or under the terms of a license of Your choice, 

which may contain terms different from this License, provided that You 

are in compliance with the terms of this License and that the license for 

the Executable form does not attempt to limit or alter the recipient’s 

rights in the Source Code form from the rights set forth in this License. If 

You distribute the Covered Software in Executable form under a different 

license, You must make it absolutely clear that any terms which differ 

from this License are offered by You alone, not by the Initial Developer or 

Contributor. You hereby agree to indemnify the Initial Developer and 

every Contributor for any liability incurred by the Initial Developer or such 

Contributor as a result of any such terms You offer.
3.6. Larger Works.
You may create a Larger Work by combining Covered Software with 

other code not governed by the terms of this License and distribute the 

Larger Work as a single product. In such a case, You must make sure 

the requirements of this License are fulfilled for the Covered Software.

4. Versions of the License.
4.1. New Versions.
Sun Microsystems, Inc. is the initial license steward and may publish 

revised and/or new versions of this License from time to time. Each 

version will be given a distinguishing version number. Except as 

provided in Section 4.3, no one other than the license steward has the 

right to modify this License.
4.2. Effect of New Versions.
You may always continue to use, distribute or otherwise make the 

Covered Software available under the terms of the version of the 

License under which You originally received the Covered Software. If the 

Initial Developer includes a notice in the Original Software prohibiting it 

from being distributed or otherwise made available under any 

subsequent version of the License, You must distribute and make the 

Covered Software available under the terms of the version of the 

License under which You originally received the Covered Software. 

Otherwise, You may also choose to use, distribute or otherwise make 

the Covered Software available under the terms of any subsequent 

version of the License published by the license steward.
4.3. Modified Versions.
When You are an Initial Developer and You want to create a new license 

for Your Original Software, You may create and use a modified version 

of this License if You: (a) rename the license and remove any references 

to the name of the license steward (except to note that the license 

differs from this License); and (b) otherwise make it clear that the license 

contains terms which differ from this License.

5. dIScLAIMer oF WArrAntY.
COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN 

“AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER 

EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, 

WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF 

DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR 

NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND 

PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. 

SHOULD ANY COVERED SOFTWARE 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 SOFTWARE IS AUTHORIZED 

HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

6. terMInAtIon.
6.1. 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. Provisions 

which, by their nature, must remain in effect beyond the termination of 

this License shall survive.
6.2. If You assert a patent infringement claim (excluding declaratory 

judgment actions) against Initial Developer or a Contributor (the Initial 

Developer or Contributor against whom You assert such claim is 

referred to as “Participant”) alleging that the Participant Software 

(meaning the Contributor Version where the Participant is a Contributor 

or the Original Software where the Participant is the Initial Developer) 

directly or indirectly infringes any patent, then any and all rights granted 

directly or indirectly to You by such Participant, the Initial Developer (if 

the Initial Developer is not the Participant) and all Contributors under 

Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from 

Participant terminate prospectively and automatically at the expiration of 

such 60 day notice period, unless if within such 60 day period You 

withdraw Your claim with respect to the Participant Software against 

such Participant either unilaterally or pursuant to a written agreement 

with Participant.
6.3. In the event of termination under Sections 6.1 or 6.2 above, all end 

user licenses that have been validly granted by You or any distributor 

hereunder prior to termination (excluding licenses granted to You by any 

distributor) shall survive termination.

7. 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 SOFTWARE, 

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 LOST PROFITS, 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