Software Notice
Open Source Software Notice
211
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










