45 english – Toshiba BDX5300 User Manual

Page 45

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45

English

In the following three paragraphs, a "patent license" is any

express agreement or commitment, however denominated, not

to enforce a patent (such as an express permission to practice

a patent or covenant not to sue for patent infringement). To

"grant" such a patent license to a party means to make such

an agreement or commitment not to enforce a patent against

the party.

If you convey a covered work, knowingly relying on a patent

license, and the Corresponding Source of the work is not

available for anyone to copy, free of charge and under the

terms of this License, through a publicly available network

server or other readily accessible means, then you must either

(1) cause the Corresponding Source to be so available, or (2)

arrange to deprive yourself of the benefit of the patent license

for this particular work, or (3) arrange, in a manner consistent

with the requirements of this License, to extend the patent

license to downstream recipients. "Knowingly relying" means

you have actual knowledge that, but for the patent license, your

conveying the covered work in a country, or your recipient's use

of the covered work in a country, would infringe one or more

identifiable patents in that country that you have reason to

believe are valid.

If, pursuant to or in connection with a single transaction

orarrangement, you convey, or propagate by procuring

conveyance of, a covered work, and grant a patent license to

some of the parties receiving the covered work authorizing

them to use, propagate, modify or convey a specific copy

of the covered work, then the patent license you grant is

automatically extended to all recipients of the covered work

and works based on it.

A patent license is "discriminatory" if it does not include

within the scope of its coverage, prohibits the exercise of, or is

conditioned on the non-exercise of one or more of the rights

that are specifically granted under this License. You may not

convey a covered work if you are a party to an arrangement

with a third party that is in the business of distributing software,

under which you make payment to the third party based on the

extent of your activity of conveying the work, and under which

the third party grants, to any of the parties who would receive

the covered work from you, a discriminatory patent license (a)

in connection with copies of the covered work conveyed by you

(or copies made from those copies), or (b) primarily for and in

connection with specific products or compilations that contain

the covered work, unless you entered into that arrangement, or

that patent license was granted, prior to 28 March 2007.

Nothing in this License shall be construed as excluding or

limiting any implied license or other defenses to infringement

that may otherwise be available to you under applicable patent

law.

12. No Surrender of Others' Freedom.

If conditions are imposed on you (whether by court order,

agreement or otherwise) that contradict the conditions of

this License, they do not excuse you from the conditions of

this License. If you cannot convey a covered work so as to

satisfy simultaneously your obligations under this License and

any other pertinent obligations, then as a consequence you

may not convey it at all. For example, if you agree to terms

that obligate you to collect a royalty for further conveying from

those to whom you convey the Program, the only way you

could satisfy both those terms and this License would be to

refrain entirely from conveying the Program.

13. Use with the GNU Affero General Public License.

Notwithstanding any other provision of this License, you

have permission to link or combine any covered work with

a work licensed under version 3 of the GNU Affero General

Public License into a single combined work, and to convey

the resulting work. The terms of this License will continue to

apply to the part which is the covered work, but the special

requirements of the GNU Affero General Public License, section

13, concerning interaction through a network will apply to the

combination as such.

14. Revised Versions of this License.

The Free Software Foundation may publish revised and/or

new versions of the GNU General Public License from time to

time. Such new versions will be similar in spirit to the present

version, but may differ in detail to address new problems or

concerns.

Each version is given a distinguishing version number. If the

Program specifies that a certain numbered version of the GNU

General Public License "or any later version" applies to it, you

have the option of following the terms and conditions either of

that numbered version or of any later version published by the

Free Software Foundation. If the Program does not specify

a version number of the GNU General Public License, you

may choose any version ever published by the Free Software

Foundation.

If the Program specifies that a proxy can decide which future

versions of the GNU General Public License can be used, that

proxy's public statement of acceptance of a version permanently

authorizes you to choose that version for the Program.

Later license versions may give you additional or different

permissions. However, no additional obligations are imposed

on any author or copyright holder as a result of your choosing

to follow a later version.

15. Disclaimer of Warranty.

THERE IS NO WARRANTY FOR THE PROGRAM, TO THE

EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN

OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS

AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS"

WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR

IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED

WARRANTIES OF MERCHANTABILITY AND FITNESS FOR

A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE

QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH

YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU

ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR

OR CORRECTION.

16. Limitation of Liability.

IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR

AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR

ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE

PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR

DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL

OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE

OR INABILITY TO USE THE PROGRAM (INCLUDING BUT

NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED

INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD

PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH

ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER

PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH

DAMAGES.

17. Inter pretation of Sections 15 and 16.

If the disclaimer of warranty and limitation of liability provided

above cannot be given local legal effect according to their

terms, reviewing courts shall apply local law that most closely

approximates an absolute waiver of all civil liability in connection

with the Program, unless a warranty or assumption of liability

accompanies a copy of the Program in return for a fee.

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