Samsung ML-3471ND-XAR - Manual (Page 27)

Open Source Information_ 27
5. DISCLAIMER OF WARRANTY
COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN “AS IS” BASIS, WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE
COVERED SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED
SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU
(NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY
SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL
PART OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT
UNDER THIS DISCLAIMER.
6. TERMINATION
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.
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.
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 provision that addresses Government rights in computer
software under this License.
9. 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 the law of the jurisdiction specified in a notice contained within the Original Software
(except to the extent applicable law, if any, provides otherwise), excluding such jurisdiction’s conflict-of-law provisions.
Any litigation relating to this License shall be subject to the jurisdiction of the courts located in the jurisdiction and
venue specified in a notice contained within the Original Software, 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. You
agree that You alone are responsible for compliance with the United States export administration regulations (and the
export control laws and regulation of any other countries) when You use, distribute or otherwise make available any
Covered Software.
10. RESPONSIBILITY FOR CLAIMS
As between Initial Developer and the Contributors, each party is responsible for claims and damages arising, directly
or indirectly, out of its utilization of rights under this License and You agree to work with Initial Developer and
Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to
constitute any admission of liability.