Samsung SL-M2835DW-XAA User Manual

Page 180

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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

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