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|
||||
and assumes all risks associated with its exercise of rights under this
|
||||
Agreement, including but not limited to the risks and costs of program
|
||||
errors, compliance with applicable laws, damage to or loss of data,
|
||||
programs or equipment, and unavailability or interruption of operations.
|
||||
|
||||
6. DISCLAIMER OF LIABILITY
|
||||
|
||||
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR
|
||||
ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
|
||||
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
|
||||
WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
|
||||
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
|
||||
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
|
||||
DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
|
||||
HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
|
||||
|
||||
7. GENERAL
|
||||
|
||||
If any provision of this Agreement is invalid or unenforceable under
|
||||
applicable law, it shall not affect the validity or enforceability of
|
||||
the remainder of the terms of this Agreement, and without further
|
||||
action by the parties hereto, such provision shall be reformed to the
|
||||
minimum extent necessary to make such provision valid and enforceable.
|
||||
|
||||
If Recipient institutes patent litigation against a Contributor with
|
||||
respect to a patent applicable to software (including a cross-claim or
|
||||
counterclaim in a lawsuit), then any patent licenses granted by that
|
||||
Contributor to such Recipient under this Agreement shall terminate as of
|
||||
the date such litigation is filed. In addition, if Recipient institutes
|
||||
patent litigation against any entity (including a cross-claim or
|
||||
counterclaim in a lawsuit) alleging that the Program itself (excluding
|
||||
combinations of the Program with other software or hardware) infringes
|
||||
such Recipient's patent(s), then such Recipient's rights granted under
|
||||
Section 2(b) shall terminate as of the date such litigation is filed.
|
||||
|
||||
All Recipient's rights under this Agreement shall terminate if it fails
|
||||
to comply with any of the material terms or conditions of this Agreement
|
||||
and does not cure such failure in a reasonable period of time after
|
||||
becoming aware of such noncompliance. If all Recipient's rights under
|
||||
this Agreement terminate, Recipient agrees to cease use and distribution
|
||||
of the Program as soon as reasonably practicable. However, Recipient's
|
||||
obligations under this Agreement and any licenses granted by Recipient
|
||||
relating to the Program shall continue and survive.
|
||||
|
||||
Everyone is permitted to copy and distribute copies of this Agreement,
|
||||
but in order to avoid inconsistency the Agreement is copyrighted and may
|
||||
only be modified in the following manner. The Agreement Steward reserves
|
||||
the right to publish new versions (including revisions) of this Agreement
|
||||
from time to time. No one other than the Agreement Steward has the right
|
||||
to modify this Agreement. IBM is the initial Agreement Steward. IBM may
|
||||
assign the responsibility to serve as the Agreement Steward to a suitable
|
||||
separate entity. Each new version of the Agreement will be given a
|
||||
distinguishing version number. The Program (including Contributions) may
|
||||
always be distributed subject to the version of the Agreement under which
|
||||
it was received. In addition, after a new version of the Agreement is
|
||||
published, Contributor may elect to distribute the Program (including
|
||||
its Contributions) under the new version. Except as expressly stated in
|
||||
Sections 2(a) and 2(b) above, Recipient receives no rights or licenses
|
||||
to the intellectual property of any Contributor under this Agreement,
|
||||
whether expressly, by implication, estoppel or otherwise. All rights in
|
||||
the Program not expressly granted under this Agreement are reserved.
|
||||
|
||||
This Agreement is governed by the laws of the State of New York and the
|
||||
intellectual property laws of the United States of America. No party to
|
||||
this Agreement will bring a legal action under this Agreement more than
|
||||
one year after the cause of action arose. Each party waives its rights
|
||||
to a jury trial in any resulting litigation.
|
||||
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Reference in new issue