Sony STR-DA3700ES - Manual (Page 43)

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STR-DA5700ES
4-287-980-11(1)
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claim is not withdrawn, the rights granted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, 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 LIABILITY SHALL NOT
APPLY TO LIABILITY FOR DEATH OR
PERSONAL INJURY RESULTING FROM
SUCH PARTY'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.
10. U.S. GOVERNMENT END USERS.
The Covered Code is a "commercial item," as
that term is defined in 48 C.F.R. 2.101 (Oct.
1995), consisting of "commercial computer
software" and "commercial computer software
documentation," as such terms are used in 48
C.F.R. 12.212 (Sept. 1995). Consistent with 48
C.F.R. 12.212 and 48 C.F.R. 227.7202-1
through 227.7202-4 (June 1995), all U.S.
Government End Users acquire Covered Code
with only those rights set forth herein.
11. MISCELLANEOUS.
This License represents the complete
agreement concerning 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. This License shall be governed
by California law provisions (except to the
extent applicable law, if any, provides
otherwise), excluding its conflict-of-law
provisions. With respect to disputes in which
at least one party is a citizen of, or an entity
chartered or registered to do business in the
United States of America, any litigation
relating to this License shall be subject to the
jurisdiction of the Federal Courts of the
Northern District of California, with venue
010GB01.fm Page 43 Wednesday, September 21, 2011 2:50 PM