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Appendix D Open Source Licences
NSA-220 User’s Guide
215
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 infringement
litigation, then the reasonable value of the licenses granted by such Participant 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 legal theory, whether tort (including negligence),
contract, or otherwise, shall you, the initial developer, any other contributor, or any distributor
of covered code, 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 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.
10. U.S. government end users
The Covered Code is a “commercial item,” as that term is defined in 48 C.F.R. 2.101 (Oct.
1995), consisting of “commercial computer software” 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 Code with only those rights set forth herein.
11. Miscellaneous
This License represents the complete agreement concerning subject matter hereof. If any
provision of this License is held to be unenforceable, such provision shall be reformed only to
the extent necessary to make it enforceable. This License shall be governed by California law
provisions (except to the extent applicable law, if any, provides otherwise), excluding its
conflict-of-law provisions. With respect to disputes in which at least one party is a citizen of,
or an entity chartered or registered to do business in the United States of America, any
litigation relating to this License shall be subject to the jurisdiction of the Federal Courts of the
Northern District of California, with venue lying in Santa Clara County, California, with the
losing party responsible for costs, including without limitation, court costs and reasonable
attorneys' fees and expenses. The application of the United Nations Convention on Contracts
for the International Sale of Goods is expressly excluded. Any law or regulation which
provides that the language of a contract shall be construed against the drafter shall not apply to
this License.
12. Responsibility for claims