Sun Microsystems VIRTUALBOX VERSION 3.1.0_BETA2 - Manual (Page 272)

14 Third-party licenses
JURY OR LOSS OF HUMAN LIFE. THIS DISCLAIMER OF WARRANTY CONSTITUTES
AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AU-
THORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8 TERMINATION.
8.1.
This License and the rights granted hereunder will terminate automatically if You fail
to comply with terms herein and fail to cure such breach within 30 days of becoming
aware of the breach. All sublicenses to the Covered Code which are properly granted
shall survive any termination of this License. Provisions which, by their nature, must
remain in effect beyond the termination of this License shall survive.
8.2.
8.3.
If You assert a patent infringement claim against Participant alleging that such Partic-
ipant’s Contributor Version directly or indirectly infringes any patent where such claim
is resolved (such as by license or settlement) prior to the initiation of patent infringe-
ment litigation, then the reasonable value of the licenses granted by such Participant
under Sections 2.1 or 2.2 shall be taken into account in determining the amount or
value of any payment or license.
8.4. In the event of termination under Sections 8.1 or 8.2 above, all end user license
agreements (excluding distributors and resellers) which have been validly granted by
You or any distributor hereunder prior to termination shall survive termination.
9 LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INI-
TIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COV-
ERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY
PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAM-
AGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
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 EX-
TENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUEN-
TIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
10 U.S. GOVERNMENT END USERS.
11 MISCELLANEOUS.
12 RESPONSIBILITY FOR CLAIMS.
As between Initial Developer and the Contributors, each party is responsible for
claims and damages arising, directly or indirectly, out of its utilization of rights under
this License and You agree to work with Initial Developer and Contributors to dis-
tribute such responsibility on an equitable basis. Nothing herein is intended or shall
be deemed to constitute any admission of liability.
EXHIBIT A.
272