LG 42LK451C Owners Manual - Page 119

OPEN

SOURCE

LICENSE

119

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

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withdrawn,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

ini-

tiation

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 resell-

ers) 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 NOTALLOWTHE

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 "com-

mercial

computer

software"

and "commercial

computer

software

documentation,"

as such terms

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.

LG 42LK451C Owners Manual - Page 119

Of Covered Code, Or Any Supplier Of Any Of Such Parties

Page 119 highlights