Sony VGF-CP1U User Manual

Page 100

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VGF-CP1 Series 3-300-630-31(1)

4. Inability to Comply Due to Statute or Regulation.

If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered
Code due to statute, judicial order, or regulation then You must: (a) comply with the terms of this License to the
maximum extent possible; and (b) describe the limitations and the code they affect. Such description must be
included in the LEGAL file described in Section 3.4 and must be included with all distributions of the Source Code.
Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient
of ordinary skill to be able to understand it.

5. Application of this License.

This License applies to code to which the Initial Developer has attached the notice in Exhibit A and to related Covered
Code.

6. Versions of the License.

6.1.

New Versions.
Netscape Communications Corporation (“Netscape”) may publish revised and/or new versions of the License
from time to time. Each version will be given a distinguishing version number.

6.2.

Effect of New Versions.
Once Covered Code has been published under a particular version of the License, You may always continue to
use it under the terms of that version. You may also choose to use such Covered Code under the terms of any
subsequent version of the License published by Netscape. No one other than Netscape has the right to modify
the terms applicable to Covered Code created under this License.

6.3.

Derivative Works.
If You create or use a modified version of this License (which you may only do in order to apply it to code
which is not already Covered Code governed by this License), You must (a) rename Your license so that the
phrases “Mozilla”, “MOZILLAPL”, “MOZPL”, “Netscape”, “MPL”, “NPL” or any confusingly similar phrase do not appear
in your license (except to note that your license differs from this License) and (b) otherwise make it clear that
Your version of the license contains terms which differ from the Mozilla Public License and Netscape Public
License. (Filling in the name of the Initial Developer, Original Code or Contributor in the notice described in
Exhibit A shall not of 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.

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