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Appendix D
Software End User License Agreement
Gigabit 8-Port Workgroup Switch
11. If, as a consequence of a court judgment or allegation
of patent infringement or for any other reason (not
limited to patent issues), conditions are imposed on
you (whether by court order, agreement or otherwise)
that contradict the conditions of this License, they do
not excuse you from the conditions of this License. If
you cannot distribute so as to satisfy simultaneously
your obligations under this License and any other
pertinent obligations, then as a consequence you may
not distribute the Library at all. For example, if a patent
license would not permit royalty-free redistribution of
the Library by all those who receive copies directly or
indirectly through you, then the only way you could
satisfy both it and this License would be to refrain
entirely from distribution of the Library.
If any portion of this section is held invalid or
unenforceable under any particular circumstance,
the balance of the section is intended to apply, and
the section as a whole is intended to apply in other
circumstances.
It is not the purpose of this section to induce you to
infringe any patents or other property right claims or
to contest validity of any such claims; this section has
the sole purpose of protecting the integrity of the free
software distribution system which is implemented
by public license practices. Many people have
made generous contributions to the wide range of
software distributed through that system in reliance
on consistent application of that system; it is up to
the author/donor to decide if he or she is willing to
distribute software through any other system and a
licensee cannot impose that choice.
This section is intended to make thoroughly clear
what is believed to be a consequence of the rest of this
License.
12. If the distribution and/or use of the Library is restricted
in certain countries either by patents or by copyrighted
interfaces, the original copyright holder who places
the Library under this License may add an explicit
geographical distribution limitation excluding those
countries, so that distribution is permitted only in or
among countries not thus excluded. In such case, this
License incorporates the limitation as if written in the
body of this License.
13. The Free Software Foundation may publish revised
and/or new versions of the Lesser General Public
License from time to time. Such new versions will be
similar in spirit to the present version, but may differ in
detail to address new problems or concerns.
Each version is given a distinguishing version number.
If the Library specifies a version number of this License
which applies to it and “any later version”, you have the
option of following the terms and conditions either of
that version or of any later version published by the Free
Software Foundation. If the Library does not specify a
license version number, you may choose any version
ever published by the Free Software Foundation.
14. If you wish to incorporate parts of the Library into
other free programs whose distribution conditions are
incompatible with these, write to the author to ask for
permission. For software which is copyrighted by the
Free Software Foundation, write to the Free Software
Foundation; we sometimes make exceptions for
this. Our decision will be guided by the two goals of
preserving the free status of all derivatives of our free
software and of promoting the sharing and reuse of
software generally.
NO WARRANTY
15. BECAUSE THE LIBRARY IS LICENSED FREE OF CHARGE,
THERE IS NO WARRANTY FOR THE LIBRARY, TO THE
EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT
WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT
HOLDERS AND/OR OTHER PARTIES PROVIDE THE
LIBRARY “AS IS” WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE LIBRARY IS WITH YOU. SHOULD
THE LIBRARY PROVE DEFECTIVE, YOU ASSUME THE
COST OF ALL NECESSARY SERVICING, REPAIR OR
CORRECTION.
16. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW
OR AGREED TO IN WRITING WILL ANY COPYRIGHT
HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY
AND/OR REDISTRIBUTE THE LIBRARY AS PERMITTED
ABOVE, BE LIABLE TO YOU FOR DAMAGES,
INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE
USE OR INABILITY TO USE THE LIBRARY (INCLUDING
BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING
RENDERED INACCURATE OR LOSSES SUSTAINED BY
YOU OR THIRD PARTIES OR A FAILURE OF THE LIBRARY
TO OPERATE WITH ANY OTHER SOFTWARE), EVEN IF
SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
END OF TERMS AND CONDITIONS
END OF SCHEDULE 3-B