Motorola WiNG 5.5 Reference Manual page 947

non-compliance by some reasonable means, this is the first time You have received notice of non-compliance with this License
from such Contributor, and You become compliant prior to 30 days after Your receipt of the notice.
5.2. If You initiate litigation against any entity by asserting a patent infringement claim (excluding declaratory judgment
actions, counter-claims, and cross-claims) alleging that a Contributor Version directly or indirectly infringes any patent, then
the rights granted to You by any and all Contributors for the Covered Software under Section 2.1 of this License shall terminate.
5.3. In the event of termination under Sections 5.1 or 5.2 above, all end user license agreements (excluding distributors and
resellers) which have been validly granted by You or Your distributors under this License prior to termination shall survive
termination.
6. Disclaimer of Warranty
Covered Software is provided under this License on an “as is� basis, without warranty of any kind, either expressed,
implied, or statutory, including, without limitation, warranties that the Covered Software 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 Software is with
You. Should any Covered Software prove defective in any respect, You (not any 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
Software is authorized under this License except under this disclaimer.
7. Limitation of Liability
Under no circumstances and under no legal theory, whether tort (including negligence), contract, or otherwise, shall any
Contributor, or anyone who distributes Covered Software as permitted above, be liable to You for any direct, indirect, special,
incidental, or consequential damages of any character including, without limitation, damages for lost profits, 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.
8. Litigation
Any litigation relating to this License may be brought only in the courts of a jurisdiction where the defendant maintains its
principal place of business and such litigation shall be governed by laws of that jurisdiction, without reference to its
conflict-of-law provisions. Nothing in this Section shall prevent a party’s ability to bring cross-claims or counter-claims.
9. Miscellaneous
This License represents the complete agreement concerning the 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. Any law or regulation
which provides that the language of a contract shall be construed against the drafter shall not be used to construe this License
against a Contributor.
10. Versions of the License
10.1. New Versions
Mozilla Foundation is the license steward. Except as provided in Section 10.3, no one other than the license steward has the
right to modify or publish new versions of this License. Each version will be given a distinguishing version number.
10.2. Effect of New Versions
You may distribute the Covered Software under the terms of the version of the License under which You originally received the
Covered Software, or under the terms of any subsequent version published by the license steward.
Publicly Available Software B - 57