Open Source Information_ 275. DISCLAIMER OF WARRANTYCOVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN “AS IS” BASIS, WITHOUT WARRANTY OFANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THECOVERED SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE ORNON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVEREDSOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU(NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARYSERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIALPART OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPTUNDER THIS DISCLAIMER.6. TERMINATION6.1 This License and the rights granted hereunder will terminate automatically if You fail to comply with terms hereinand fail to cure such breach within 30 days of becoming aware of the breach. Provisions which, by their nature, mustremain in effect beyond the termination of this License shall survive.6.2 If You assert a patent infringement claim (excluding declaratory judgment actions) against Initial Developer or aContributor (the Initial Developer or Contributor against whom You assert such claim is referred to as “Participant”)alleging that the Participant Software (meaning the Contributor Version where the Participant is a Contributor or theOriginal Software where the Participant is the Initial Developer) directly or indirectly infringes any patent, then any andall rights granted directly or indirectly to You by such Participant, the Initial Developer (if the Initial Developer is not theParticipant) and all Contributors under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice fromParticipant terminate prospectively and automatically at the expiration of such 60 day notice period, unless if withinsuch 60 day period You withdraw Your claim with respect to the Participant Software against such Participant eitherunilaterally or pursuant to a written agreement with Participant.6.3 In the event of termination under Sections 6.1 or 6.2 above, all end user licenses that have been validly granted byYou or any distributor hereunder prior to termination (excluding licenses granted to You by any distributor) shall survivetermination.7. LIMITATION OF LIABILITYUNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDINGNEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHERCONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCHPARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIALDAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSSOF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHERCOMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THEPOSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FORDEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY’S NEGLIGENCE TO THE EXTENTAPPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONOR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATIONMAY NOT APPLY TO YOU.8. U.S. GOVERNMENT END USERSThe Covered Software is a “commercial item,” as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of“commercial computer software” (as that term is defined at 48 C.F.R. § 252.227-7014(a)(1)) and “commercialcomputer software documentation” as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquireCovered Software with only those rights set forth herein. This U.S. Government Rights clause is in lieu of, andsupersedes, any other FAR, DFAR, or other clause or provision that addresses Government rights in computersoftware under this License.9. MISCELLANEOUSThis License represents the complete agreement concerning subject matter hereof. If any provision of this License isheld to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. ThisLicense shall be governed by the law of the jurisdiction specified in a notice contained within the Original Software(except to the extent applicable law, if any, provides otherwise), excluding such jurisdiction’s conflict-of-law provisions.Any litigation relating to this License shall be subject to the jurisdiction of the courts located in the jurisdiction andvenue specified in a notice contained within the Original Software, with the losing party responsible for costs, including,without limitation, court costs and reasonable attorneys’ fees and expenses. The application of the United NationsConvention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation whichprovides that the language of a contract shall be construed against the drafter shall not apply to this License. Youagree that You alone are responsible for compliance with the United States export administration regulations (and theexport control laws and regulation of any other countries) when You use, distribute or otherwise make available anyCovered Software.10. RESPONSIBILITY FOR CLAIMSAs between Initial Developer and the Contributors, each party is responsible for claims and damages arising, directlyor indirectly, out of its utilization of rights under this License and You agree to work with Initial Developer andContributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed toconstitute any admission of liability.