Sony BDP-S280 User Manual

Page 78

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EXCEPT UNDER THIS DISCLAIMER.

8. TERMINATION.

8.1. 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. All sublicenses to the

Covered Code which are properly granted shall survive

any termination of this License. Provisions which, by

their nature, must remain in effect beyond the

termination of this License shall survive.
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claim is not withdrawn, the rights granted by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.

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

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