Warranty Information 173cure such breach within 30 days of becoming aware of thebreach. All sublicenses to the Covered Code which are properlygranted shall survive any termination of this License. Provisionswhich, by their nature, must remain in effect beyond thetermination of this License shall survive.9. LIMITATION OF LIABILITY.UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OROTHERWISE, SHALL THE INITIAL DEVELOPER, ANY OTHERCONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, ORANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO YOU ORANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL,OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING,WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ORANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVENIF SUCH PARTY SHALL HAVE BEEN INFORMED OF THEPOSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITYSHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONALINJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THEEXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOMEJURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATIONOF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THATEXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.10. U.S. GOVERNMENT END USERS.The Covered Code is a "commercial item," as that term isdefined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercialcomputer software" and "commercial computer softwaredocumentation," as such terms are used in 48 C.F.R. 12.212(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R.227.7202-1 through 227.7202-4 (June 1995), all U.S.Government End Users acquire Covered Code with only thoserights set forth herein.11. MISCELLANEOUS.This License represents the complete agreement concerningsubject matter hereof. If any provision of this License is held tobe unenforceable, such provision shall be reformed only to theextent necessary to make it enforceable. This License shall begoverned by California law provisions (except to the extentapplicable law, if any, provides otherwise), excluding its conflict-of-law provisions. With respect to disputes in which at least oneparty is a citizen of, or an entity chartered or registered to dobusiness in, the United States of America: (a) unless otherwiseagreed in writing, all disputes relating to this License (exceptingany dispute relating to intellectual property rights) shall besubject to final and binding arbitration, with the losing partypaying all costs of arbitration; (b) any arbitration relating to thisAgreement shall be held in Santa Clara County, California, underu460.book Page 173 Tuesday, June 8, 2010 5:09 PM