LG 52LB5D Owners Manual - Page 119
LG 52LB5D - LG - 52" LCD TV Manual
UPC - 719192171442
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Z DISCLAIMER OF WARRANTY. COVERED CODE IS PROVIDED UNDER THIS LICENSE such participant under sections 2.1 (b) and 2.2(b) are revoked effective as of the date you first made, used, ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY sold, distributed, or had made, modifications made by KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, that participant. WITHOUT LIMITATION, WARRANTIES THAT THE COV- ERED 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 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 rea- 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 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. ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT 8.4. In the event of termination under sections 8.1 or 8.2 UNDER THIS DISCLAIMER. above, all end user license agreements (excluding distributors 8. TERMINATION. and resellers) which have been validly granted by you or any distributor hereunder prior to termination shall survive termination. 8.1. This license and the rights granted hereunder will terminate automatically if you fail to comply with terms herein and 9. LIMITATION OF LIABILITY. fail to cure such breach within 30 days of becoming aware UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL of the breach. All sublicenses to the covered code which THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), are properly granted shall survive any termination of this CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL license. Provisions which, by their nature, must remain in DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DIS- effect beyond the termination of this license shall survive. TRIBUTOR OF COVERED CODE,OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR 8.2. If you initiate litigation by asserting a patent infringement ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUEN- claim (excluding declatory judgment actions) against initial developer or a contributor (the initial developer or contributor against whom you file such action is referred TIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNC- to as "Participant") alleging that: TION, OR ANY AND ALL OTHER COMMERCIAL DAM- AGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE -O (a) such participant's contributor version directly or indi- BEEN INFORMED OF THE POSSIBILITY OF SUCH DAM- -O rectly infringes any patent, then any and all rights AGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY Z granted by such participant to you under sections 2.1 TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULT- C7 and/or 2.2 of this license shall, upon 60 days notice ING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT X from Participant terminate prospectively, unless if within APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME 60 days after receipt of notice you either: (i) agree in writingto pay participant a mutually agreeable reasonable JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAM- royalty for your past and future use of modifications made by such participant, or (ii) withdraw your litigation AGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. 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 10. U.S. GOVERNMENT END USERS. The covered code is a "commercial item," as that term is agreed upon in writing by the parties or the litigation defined in 48 C.ER. 2.101 (Oct. 1995), consisting of claim is not withdrawn, the rights granted by participant to you under sections 2.1 and/or 2.2 automati- "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 cally terminate at the expiration of the 60 day notice C.ER. 12.212 (Sept. 1995). Consistent with 48 C.ER. period specified above. 12.212 and 48 C.ER. 22Z7202-1 through 22Z7202-4 (b) any software, hardware, or device, other than such par- (June 1995), all U.S. Government end users acquire cov- ticipant's contributor Version, directly or indirectly ered code with only those rights set forth herein. infringes any patent, then any rights granted to You by 118