6. TERMINATION.6.1. This License and the rights granted hereunder will terminate automatically if Youfail to comply with terms herein and fail to cure such breach within 30 days ofbecoming aware of the breach. Provisions which, by their nature, must remain in effectbeyond the termination of this License shall survive.6.2. If You assert a patent infringement claim (excluding declaratory judgmentactions) against Initial Developer or a Contributor (the Initial Developer or Contributoragainst whom You assert such claim is referred to as "Participant”) alleging that theParticipant Software (meaning the Contributor Version where the Participant is aContributor or the Original Software where the Participant is the Initial Developer)directly or indirectly infringes any patent, then any and all rights granted directly orindirectly to You by such Participant, the Initial Developer (if the Initial Developer isnot the Participant) and all Contributors under Sections 2.1 and/or 2.2 of this Licenseshall, upon 60 days notice from Participant terminate prospectively and automaticallyat the expiration of such 60 day notice period, unless if within such 60 day period Youwithdraw Your claim with respect to the Participant Software against such Participanteither unilaterally or pursuant to a written agreement with Participant.6.3. If You assert a patent infringement claim against Participant alleging that theParticipant Software directly or indirectly infringes any patent where such claim isresolved (such as by license or settlement) prior to the initiation of patentinfringement litigation, then the reasonable value of the licenses granted by suchParticipant under Sections 2.1 or 2.2 shall be taken into account in determining theamount or value of any payment or license.6.4. In the event of termination under Sections 6.1 or 6.2 above, all end user licensesthat have been validly granted by You or any distributor hereunder prior totermination (excluding licenses granted to You by any distributor) shall survivetermination.7. LIMITATION OF LIABILITY.UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDINGNEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANYOTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIEROF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL,INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUTLIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILUREOR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IFSUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THISLIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURYRESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITSSUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATIONETERNUS CS800 491
