Dell Precision M6500 (Late 2009) - Handbuch (Seite 26)

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 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:
1. 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litigation claim is not withdrawn, the rights granted by Participant to You under Sections 2.1 and/or 2.2 automatically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.
2. 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 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 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.
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 "commercial
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.
11. Miscellaneous.
This License represents the complete agreement concerning subject matter hereof. If any provision of this License is held to
be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be
governed by California law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-
of-law provisions. With respect to disputes in which at least one party is a citizen of, or an entity chartered or registered to do
business in the United States of America, any litigation relating to this License shall be subject to the jurisdiction of the