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CENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT
UNDER THIS DISCLAIMER.
8. TERMINATION.
8.1. 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. All sublicenses to the Covered Code which are properly
granted shall survive any termination of this License. Provisions which, by their nature,
must remain in effect beyond the termination of this License shall survive.
8.2. If You initiate litigation by asserting a patent infringement claim (excluding
declaratory judgment actions) against Initial Developer or a Contributor (the Initial
Developer or Contributor against whom You file such action is referred to as “Partici-
pant”) alleging that:
(a) such Participant’s Contributor Version directly or indirectly infringes any patent,
then any and all rights granted by such Participant to You under Sections 2.1 and/or
2.2 of this License shall, upon 60 days notice from Participant terminate prospectively,
unless if within 60 days after receipt of notice You either: (i) agree in writing to pay
Participant a mutually agreeable reasonable royalty for Your past and future use of
Modifications made by such Participant, or (ii) withdraw Your litigation claim with re-
spect to the Contributor Version against such Participant. If within 60 days of notice, a
reasonable royalty and payment arrangement are not mutually agreed upon in writing
by the parties or the litigation claim is not withdrawn, the rights granted by Participant
to You under Sections 2.1 and/or 2.2 automatically terminate at the expiration of the
60 day notice period specified above.
(b) any software, hardware, or device, other than such Participant’s Contributor
Version, directly or indirectly infringes any patent, then any rights granted to You
by such Participant under Sections 2.1(b) and 2.2(b) are revoked effective as of the
date You first made, used, sold, distributed, or had made, Modifications made by that
Participant.
8.3. If You assert a patent infringement claim against Participant alleging that such
Participant’s Contributor Version directly or indirectly infringes any patent where such
claim is resolved (such as by license or settlement) prior to the initiation of patent in-
fringement litigation, then the reasonable value of the licenses granted by such Partic-
ipant under Sections 2.1 or 2.2 shall be taken into account in determining the amount
or value of any payment or license.
8.4. In the event of termination under Sections 8.1 or 8.2 above, all end user license
agreements (excluding distributors and resellers) which have been validly granted by
You or any distributor hereunder prior to termination shall survive termination.
9. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LE-
GAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTH-
ERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR
ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PAR-
TIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITA-
TION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAIL-
URE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR
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