User Instructions

7) Warranty of Provenance and Disclaimer of Warranty. Licensor warrants that the copyright
in and to the Original Work and the patent rights granted herein by Licensor are owned by the
Licensor or are sublicensed to You under the terms of this License with the permission of the
contributor(s) of those copyrights and patent rights. Except as expressly stated in the
immediately proceeding sentence, the Original Work is provided under this License on an
"AS IS" BASIS and WITHOUT WARRANTY, either express or implied, including, without
limitation, the warranties of NON-INFRINGEMENT, MERCHANTABILITY or FITNESS
FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE
ORIGINAL WORK IS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an
essential part of this License. No license to Original Work is granted hereunder except under
this disclaimer.
8) Limitation of Liability. Under no circumstances and under no legal theory, whether in tort
(including negligence), contract, or otherwise, shall the Licensor be liable to any person for
any direct, indirect, special, incidental, or consequential damages of any character arising as a
result of this License or the use of the Original Work including, without limitation, damages
for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other
commercial damages or losses. This limitation of liability shall not apply to liability for death
or personal injury resulting from Licensor'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.
9) Acceptance and Termination. If You distribute copies of the Original Work or a Derivative
Work, You must make a reasonable effort under the circumstances to obtain the express
assent of recipients to the terms of this License. Nothing else but this License (or another
written agreement between Licensor and You) grants You permission to create Derivative
Works based upon the Original Work or to exercise any of the rights granted in Section 1
herein, and any attempt to do so except under the terms of this License (or another written
agreement between Licensor and You) is expressly prohibited by U.S. copyright law, the
equivalent laws of other countries, and by international treaty. Therefore, by exercising any of
the rights granted to You in Section 1 herein, You indicate Your acceptance of this License
and all of its terms and conditions.
10) Termination for Patent Action. This License shall terminate automatically and You may
no longer exercise any of the rights granted to You by this License as of the date You
commence an action, including a cross-claim or counterclaim, against Licensor or any
licensee alleging that the Original Work infringes a patent. This termination provision shall
not apply for an action alleging patent infringement by combinations of the Original Work
with other software or hardware.
11) Jurisdiction, Venue and Governing Law. Any action or suit relating to this License may
be brought only in the courts of a jurisdiction wherein the Licensor resides or in which
Licensor conducts its primary business, and under the laws of that jurisdiction excluding its
conflict-of-law provisions. The application of the United Nations Convention on Contracts for
the International Sale of Goods is expressly excluded. Any use of the Original Work outside
the scope of this License or after its termination shall be subject to the requirements and
penalties of the U.S. Copyright Act, 17 U.S.C. § 101 et seq., the equivalent laws of other
countries, and international treaty. This section shall survive the termination of this License.
12) Attorneys Fees. In any action to enforce the terms of this License or seeking damages
relating thereto, the prevailing party shall be entitled to recover its costs and expenses,