Sony XBR-55X900A User Manual

Page 29

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29

PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE

QUALITY OF THE ORIGINAL WORK IS WITH YOU. This

DISCLAIMER OF WARRANTY constitutes an essential

part of this License. No license to Original Work is

granted hereunder except under this disclaimer.
8) Limitation of Liability. Under no circumstances

and under no legal theory, whether in tort (including

negligence), contract, or otherwise, shall the Licensor

be liable to any person for any direct, indirect, special,

incidental, or consequential damages of any character

arising as a result of this License or the use of the

Original Work including, without limitation, damages

for loss of goodwill, work stoppage, computer failure

or malfunction, or any and all other commercial

damages or losses. This limitation of liability shall not

apply to liability for death or personal injury resulting

from Licensor’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.
9) Acceptance and Termination. If You distribute copies

of the Original Work or a Derivative Work, You must

make a reasonable effort under the circumstances to

obtain the express assent of recipients to the terms

of this License. Nothing else but this License (or

another written agreement between Licensor and You)

grants You permission to create Derivative Works

based upon the Original Work or to exercise any of the

rights granted in Section 1 herein, and any attempt

to do so except under the terms of this License (or

another written agreement between Licensor and

You) is expressly prohibited by U.S. copyright law, the

equivalent laws of other countries, and by international

treaty. Therefore, by exercising any of the rights granted

to You in Section 1 herein, You indicate Your acceptance

of this License and all of its terms and conditions.
10) Termination for Patent Action. This License shall

terminate automatically and You may no longer exercise

any of the rights granted to You by this License as of

the date You commence an action, including a cross-

claim or counterclaim, against Licensor or any licensee

alleging that the Original Work infringes a patent. This

termination provision shall not apply for an action

alleging patent infringement by combinations of the

Original Work with other software or hardware.
11) Jurisdiction, Venue and Governing Law. Any action

or suit relating to this License may be brought only in

the courts of a jurisdiction wherein the Licensor resides

or in which Licensor conducts its primary business,

and under the laws of that jurisdiction excluding its

conflict-of-law provisions. The application of the United

Nations Convention on Contracts for the International

Sale of Goods is expressly excluded. Any use of the

Original Work outside the scope of this License or after

its termination shall be subject to the requirements

and penalties of the U.S. Copyright Act, 17 U.S.C. A§

101 et seq., the equivalent laws of other countries,

and international treaty. This section shall survive the

termination of this License.

12) Attorneys Fees. In any action to enforce the terms

of this License or seeking damages relating thereto,

the prevailing party shall be entitled to recover its costs

and expenses, including, without limitation, reasonable

attorneys’ fees and costs incurred in connection with

such action, including any appeal of such action. This

section shall survive the termination of this License.
13) Miscellaneous. This License represents the

complete agreement concerning the 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.
14) Definition of “You” in This License. “You”

throughout this License, whether in upper or lower

case, means an individual or a legal entity exercising

rights under, and complying with all of the terms of, this

License. For legal entities, “You” includes any entity that

controls, is controlled by, or is under common control

with you. For purposes of this definition, “control”

means (i) the power, direct or indirect, to cause the

direction or management of such entity, whether by

contract or otherwise, or (ii) ownership of fifty percent

(50%) or more of the outstanding shares, or (iii)

beneficial ownership of such entity.
15) Right to Use. You may use the Original Work in

all ways not otherwise restricted or conditioned by

this License or by law, and Licensor promises not to

interfere with or be responsible for such uses by You.
This license is Copyright (C) 2003-2004 Lawrence E.

Rosen. All rights reserved. Permission is hereby granted

to copy and distribute this license without modification.

This license may not be modified without the express

written permission of its copyright owner.

==============

END OF ACADEMIC FREE LICENSE. The following is

intended to describe the essential differences between

the Academic Free License (AFL) version 1.0 and other

open source licenses:
The Academic Free License is similar to the BSD, MIT,

UoI/NCSA and Apache licenses in many respects but it

is intended to solve a few problems with those licenses.
* The AFL is written so as to make it clear what software

is being licensed (by the inclusion of a statement

following the copyright notice in the software). This

way, the license functions better than a template

license. The BSD, MIT and UoI/NCSA licenses apply to

unidentified software.
* The AFL contains a complete copyright grant to the

software. The BSD and Apache licenses are vague and

incomplete in that respect.
* The AFL contains a complete patent grant to the

software. The BSD, MIT, UoI/NCSA and Apache licenses

rely on an implied patent license and contain no explicit

patent grant.

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