Philips 55PFL3907/F7 User Manual download pdf (Page 53)

10. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES NOR LEGAL THEORY,

WHETHER TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT

LIABILITY), CONTRACT, OR OTHERWISE, SHALL SGI OR ANY SGI LICENSOR BE

LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL

DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES

FOR LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF DATA, 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 SGI’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 THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO RECIPIENT.

11. Indemnity. Recipient shall be solely responsible for damages arising, directly or indirectly, out of

its utilization of rights under this License. Recipient will defend, indemnify and hold harmless

Silicon Graphics, Inc. from and against any loss, liability, damages, costs or expenses (including

the payment of reasonable attorneys fees) arising out of Recipient’s use, modification,

reproduction and distribution of the Covered Code or out of any representation or warranty

made by Recipient.

12. U.S. Government End Users. The Covered Code is a “commercial item” consisting of

“commercial computer software” as such terms are defined in title 48 of the Code of Federal

Regulations and all U.S. Government End Users acquire only the rights set forth in this License

and are subject to the terms of this License.

13. Miscellaneous. This License represents the complete agreement concerning the its subject

matter. If any provision of this License is held to be unenforceable, such provision shall be

reformed so as to achieve as nearly as possible the same legal and economic effect as the

original provision and the remainder of this License will remain in effect. This License shall be

governed by and construed in accordance with the laws of the United States and the State

of California as applied to agreements entered into and to be performed entirely within

California between California residents. Any litigation relating to this License shall be subject

to the exclusive jurisdiction of the Federal Courts of the Northern District of California (or,

absent subject matter jurisdiction in such courts, the courts of the State of California), with

venue lying exclusively in Santa Clara County, California, with the losing party responsible for

costs, including without limitation, court costs and reasonable attorneys fees and expenses.

The application of the United Nations Convention on Contracts for the International Sale

of Goods is expressly excluded. Any law or regulation that provides that the language of a

contract shall be construed against the drafter shall not apply to this License.

Exhibit A

License Applicability. Except to the extent portions of this file are made subject to an alternative

license as permitted in the SGI Free Software License B, Version 1.1 (the “License”), the contents

of this file are subject only to the provisions of the License. You may not use this file except in

compliance with the License. You may obtain a copy of the License at Silicon Graphics, Inc., attn:

Legal Services, 1600 Amphitheatre Parkway, Mountain View, CA 94043-1351, or at:

http://oss.sgi.com/projects/FreeB

Note that, as provided in the License, the Software is distributed on an “AS IS” basis, with ALL

EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS DISCLAIMED, INCLUDING,

WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AND CONDITIONS OF

MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND

NON-INFRINGEMENT.

Original Code. The Original Code is: [name of software, version number, and release date],

developed by Silicon Graphics, Inc. The Original Code is Copyright (c) [dates of first publication,

as appearing in the Notice in the Original Code] Silicon Graphics, Inc. Copyright in any portions

Additional Notice Provisions: [such additional provisions, if any, as appear in the Notice in the

Original Code under the heading “Additional Notice Provisions”]

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