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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\xd5 s patent(s), then such Recipient\xd5 s rights
granted under
Section 2(b) shall terminate as of the date such litigation is filed.
All Recipient\xd5 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\xd5 s rights under this Agreement
terminate,
Recipient agrees to cease use and distribution of the Program as soon as
reasonably practicable. However, Recipient\xd5 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
expressly granted under this Agreement are reserved.
This Agreement is governed by the laws of the State of New York and the
intellectual property laws of the United States of America. No party to this
Agreement will bring a legal action under this Agreement more than one year
after the cause of action arose. Each party waives its rights to a jury trial
in any resulting litigation.
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\xd5 s patent(s), then such Recipient\xd5 s rights
granted under
Section 2(b) shall terminate as of the date such litigation is filed.
All Recipient\xd5 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\xd5 s rights under this Agreement
terminate,
Recipient agrees to cease use and distribution of the Program as soon as
reasonably practicable. However, Recipient\xd5 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
expressly granted under this Agreement are reserved.
This Agreement is governed by the laws of the State of New York and the
intellectual property laws of the United States of America. No party to this
Agreement will bring a legal action under this Agreement more than one year
after the cause of action arose. Each party waives its rights to a jury trial
in any resulting litigation.
1.6 ant 1.6.5