Samsung SL-M2835DW-XAA User Manual

Page 179

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8.2. If You initiate litigation by asserting a patent infringement

claim (excluding declatory judgment actions) against Initial Developer

or a Contributor (the Initial Developer or Contributor against whom

You file such action is referred to as "Participant") 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 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is not withdrawn, the rights granted by Participant to You under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.

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