Cisco Cisco StadiumVision Mobile Informações de licenciamento
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.
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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.
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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.
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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 DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
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8. U.S. GOVERNMENT END USERS.
The Covered Software is a ?commercial item,? as that term is defined in
48 C.F.R. 2.101 (Oct. 1995), consisting of ?commercial computer software? (as
that term is defined at 48 C.F.R. ? 252.227-7014(a)(1)) and ?commercial
computer software documentation? as such terms are used in 48 C.F.R. 12.212
(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1
through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered
Software with only those rights set forth herein. This U.S. Government Rights
clause is in lieu of, and supersedes, any other FAR, DFAR, or other clause or
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.
o
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.
o
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 DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
*
8. U.S. GOVERNMENT END USERS.
The Covered Software is a ?commercial item,? as that term is defined in
48 C.F.R. 2.101 (Oct. 1995), consisting of ?commercial computer software? (as
that term is defined at 48 C.F.R. ? 252.227-7014(a)(1)) and ?commercial
computer software documentation? as such terms are used in 48 C.F.R. 12.212
(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1
through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered
Software with only those rights set forth herein. This U.S. Government Rights
clause is in lieu of, and supersedes, any other FAR, DFAR, or other clause or