Philips 49PUS6412/12 - Инструкция по эксплуатации - Страница 96

 
 
     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     is not withdrawn, the rights granted by Participant to You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.
 
     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.
 
 
     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

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