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APPENDIX

6.3. Derivative Works.

If You create or use a modified version of this License (which you may only do in order to apply it to code which is

not already Covered Code governed by this License), You must (a) rename Your license so that the phrases

"Mozilla", "MOZILLAPL", "MOZPL", "Netscape", "MPL", "NPL" or any confusingly similar phrase do not appear in

your license (except to note that your license differs from this License) and (b) otherwise make it clear that Your ver-

sion of the license contains terms which differ from the Mozilla Public License and Netscape Public License. (Filling

in the name of the Initial Developer, Original Code or Contributor in the notice described in Exhibit A shall not of

themselves be deemed to be modifications of this License.)

7. DISCLAIMER OF WARRANTY.

COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY

KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE

COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-

INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH

YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL

DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR

OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.

NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

8. TERMINATION.

8.1. This License and the rights granted hereunder will terminate automatically if You fail to comply with terms here-

in 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 distrib-

utors 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.

LG 42LE8910 Seite 287

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