56 english – Toshiba BDX2250 User Manual

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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

suchterms 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 lying in Santa Clara County,

California, with the losing party responsible for costs, including

without limitation, court costs and reasonable attorneys’ fees and

expenses. The application of the United Nations Convention on

Contracts for the International Sale of Goods is expressly excluded.

Any law or regulation which provides that the language of a contract

shall be construed against the drafter shall not apply to this License.

12. RESPONSIBILITY FOR CLAIMS.

As between Initial Developer and the Contributors, each party is

responsible for claims and damages arising, directly or indirectly,

out of its utilization of rights under this License and You agree to

work with Initial Developer and Contributors to distribute such

responsibility on an equitable basis. Nothing herein is intended or

shall be deemed to constitute any admission of liability.

13. MULTIPLE-LICENSED CODE.

Initial Developer may designate portions of the Covered Code as

“Multiple-Licensed”. “Multiple-Licensed” means that the Initial

Developer permits you to utilize portions of the Covered Code under

Your choice of the NPL or the alternative licenses, if any, specified

by the Initial Developer in the file described in Exhibit A.

EXHIBIT A -Mozilla Public License.

``The contents of this file are subject to the Mozilla Public License

Version 1.1 (the “License”); you may not use this file except in

compliance with the License. You may obtain a copy of the License at

http://www.mozilla.org/MPL/ Software distributed under the License

is distributed on an “AS IS” basis, WITHOUT WARRANTY OF ANY

KIND, either express or implied. See the License for the specific

language governing rights and limitations

under the License.

The Original Code is _____________________________________.The

Initial Developer of the Original Code is ________________________.

Portions created by ______________________ are Copyright (C)

_____________________________.All Rights Reserved. Contributor

(s):______________________________________ Alternatively, the

contents of this file may be used under the terms

of the _____ license (the “[___] License”), in which case the

provisions of [______] License are applicable instead of those

above. If you wish to allow use of your version of this file only

under the terms of the [____] License and not to allow others to

use your version of this file under the MPL, indicate your decision by

deleting the provisions above and replace them with the notice and

other provisions required by the [___] License. If you do not delete

the provisions above, a recipient may use your version of this file

under either the MPL or the [___] License.”

[NOTE: The text of this Exhibit A may differ slightly from the text of

the notices in the Source Code files of the Original Code. You should

use the text of this Exhibit A rather than the text found in the

Original Code Source Code for Your Modifications.]

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