HP VAN SDN Controller Open Source and Third-Party Software License Agreements
CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. Each Recipient is solely responsible for determining the appropriateness
of using and distributing the Program and assumes all risks associated with its exercise of
rights under this Agreement, including but not limited to the risks and costs of program errors,
compliance with applicable laws, damage to or loss of data, programs or equipment, and
unavailability or interruption of operations.
6. DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION
LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE
EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
7. GENERAL
If any provision of this Agreement is invalid or unenforceable under applicable law, it shall
not affect the validity or enforceability of the remainder of the terms of this Agreement, and
without further action by the parties hereto, such provision shall be reformed to the minimum
extent necessary to make such provision valid and enforceable.
If Recipient institutes patent litigation against any entity (including a cross-claim or counterclaim
in a lawsuit) alleging that the Program itself (excluding combinations of the Program with other
software or hardware) infringes such Recipient's patent(s), then such Recipient's rights granted
under Section 2(b) shall terminate as of the date such litigation is filed.
All Recipient's rights under this Agreement shall terminate if it fails to comply with any of the
material terms or conditions of this Agreement and does not cure such failure in a reasonable
period of time after becoming aware of such noncompliance. If all Recipient's rights under
this Agreement terminate, Recipient agrees to cease use and distribution of the Program as
soon as reasonably practicable. However, Recipient's obligations under this Agreement and
any licenses granted by Recipient relating to the Program shall continue and survive.
Everyone is permitted to copy and distribute copies of this Agreement, but in order to avoid
inconsistency the Agreement is copyrighted and may only be modified in the following manner.
The Agreement Steward reserves the right to publish new versions (including revisions) of this
Agreement from time to time. No one other than the Agreement Steward has the right to modify
this Agreement. The Eclipse Foundation is the initial Agreement Steward. The Eclipse Foundation
may assign the responsibility to serve as the Agreement Steward to a suitable separate entity.
Each new version of the Agreement will be given a distinguishing version number. The Program
(including Contributions) may always be distributed subject to the version of the Agreement
under which it was received. In addition, after a new version of the Agreement is published,
Contributor may elect to distribute the Program (including its Contributions) under the new
version. Except as expressly stated in Sections 2(a) and 2(b) above, Recipient receives no
rights or licenses to the intellectual property of any Contributor under this Agreement, whether
expressly, by implication, estoppel or otherwise. All rights in the Program not expressly granted
under this Agreement are reserved.
This Agreement is governed by the laws of the State of New York and the intellectual property
laws of the United States of America. No party to this Agreement will bring a legal action
under this Agreement more than one year after the cause of action arose. Each party waives
its rights to a jury trial in any resulting litigation.
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