Samsung SL-M4020ND-TAA User Manual

Page 162

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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 respect 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is not withdrawn, the rights granted by Participant to You under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

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

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