Honeywell CN75 User Manual page 186

75 series mobile computer with windows embedded handheld
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6.3. Derivative Works. If You create or use a modified version of this License (which
you may only do in order to apply it to code which is not already Covered Code
governed by this License), You must (a) rename Your license so that the phrases
''Mozilla'', ''MOZILLAPL'', ''MOZPL'', ''Netscape'', "MPL", ''NPL'' or any confusingly
similar phrase do not appear in your license (except to note that your license
differs from this License) and (b) otherwise make it clear that Your version of the
license contains terms which differ from the Mozilla Public License and Netscape
Public License. (Filling in the name of the Initial Developer, Original Code or
Contributor in the notice described in Exhibit A shall not of themselves be deemed
to be modifications of this License.)
7. DISCLAIMER OF WARRANTY. COVERED CODE IS PROVIDED UNDER THIS
LICENSE ON AN "AS IS'' BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES
THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A
PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE
QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD
ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY
NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF
WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
ANY COVERED CODE IS AUTHORIZED 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. If You initiate litigation by asserting a patent infringement claim (excluding
declatory judgment actions) against Initial Developer or a Contributor (the Initial
Developer or Contributor against whom You file such action is referred to as
"Participant") alleging that:
(a) such Participant's Contributor Version directly or indirectly infringes any
patent, then any and all rights granted by such Participant to You under Sections
2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant
terminate prospectively, unless if within 60 days after receipt of notice You either:
(i) agree in writing to pay Participant a mutually agreeable reasonable royalty for
Your past and future use of Modifications made by such Participant, or (ii)
withdraw Your litigation claim with respect to the Contributor Version against such
Participant. If within 60 days of notice, a reasonable royalty and payment
arrangement are not mutually agreed upon in writing by the parties or the litigation
claim is not withdrawn, the rights granted by Participant to You under Sections 2.1
and/or 2.2 automatically terminate at the expiration of the 60 day notice period
specified above.
174
75 Series Mobile Computer User Guide

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