LG 42LH250H Owners Manual - Page 107

Z 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

COV-

ERED CODE

IS FREE OF DEFECTS, MERCHANTABLE,

FIT

8.3.

FOR

A

PARTICULAR

PURPOSE

OR

NON-INFRINGING.

THE

ENTIRE

RISK AS TO

THE QUALITY

AND

PERFOR-

MANCE

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

8.4.

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

ini-

tial

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 indi-

rectly

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

writingto

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withdrawn,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 partici-

pant

to you under

sections

2.1

and/or

2.2

automati-

cally terminate

at the

expiration

of the

60

day notice

period

specified

above.

(b) any software,

hardware, or device, other than

such par-

ticipant'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.

If you

assert a patent

infringement

claim

against

partici-

pant

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

rea-

sonable

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.

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.

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 DIS-

TRIBUTOR

OF

COVERED

CODE,OR

ANY

SUPPLIER OF

ANY OF SUCH

PARTIES, BE LIABLE TO ANY

PERSON FOR

ANY INDIRECT, SPECIAL, INCIDENTAL,

OR CONSEQUEN-

TIAL DAMAGES OF ANY CHARACTER INCLUDING,

WITH-

OUT

LIMITATION,

DAMAGES

FOR LOSS OF GOODWILL,

WORK

STOPPAGE, COMPUTER

FAILURE OR MALFUNC-

TION,

OR ANY

AND

ALL OTHER

COMMERCIAL

DAM-

AGES OR

LOSSES, EVEN IF SUCH

PARTY SHALL

HAVE

BEEN INFORMED

OF THE POSSIBILITY

OF SUCH

DAM-

AGES. THIS

LIMITATION

OF LIABILITY

SHALL NOT APPLY

TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULT-

ING 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

DAM-

AGES, 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.ER.

2.101

(Oct.

1995),

consisting

of

"commercial

computer

software"

and "commercial

computer

software

documentation,"

as such

terms

are used

in 48

C.ER.

12.212

(Sept.

1995).

Consistent

with

48

C.ER.

12.212

and

48

C.ER.

22Z7202-1

through

22Z7202-4

(June 1995),

all U.S. Government

end

users acquire

cov-

ered code with

only

those

rights

set forth

herein.

106

LG 42LH250H Owners Manual - Page 107

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