LG 55LV5400 - Manual (Page 156)

themselves be deemed to be modifications of
this License.)
7. DISCLAIMER OF WARRANTY.
COVERED CODE 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 CODE 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 CODE IS
WITH YOU. SHOULD ANY COVERED CODE
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 CODE IS AUTHORIZED
HEREUNDER 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claim is not withdrawn, the rights granted by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
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,
156
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