Samsung SCS2U01VER User Manual

68If Recipient institutes patent litigation against a Contributor withrespect to a patent applicable to software (including a cross-claim or counterclaim in a lawsuit), then any patent licensesgranted by that Contributor to such Recipient under thisAgreement shall terminate as of the date such litigation is filed.In addition, if Recipient institutes patent litigation against anyentity (including a cross-claim or counterclaim in a lawsuit)alleging that the Program itself (excluding combinations of theProgram with other software or hardware) infringes suchRecipient's patent(s), then such Recipient's rights granted underSection 2(b) shall terminate as of the date such litigation is filed.All Recipient's rights under this Agreement shall terminate if itfails to comply with any of the material terms or conditions of thisAgreement and does not cure such failure in a reasonable periodof time after becoming aware of such noncompliance. If allRecipient's rights under this Agreement terminate, Recipientagrees to cease use and distribution of the Program as soon asreasonably practicable. However, Recipient's obligations underthis Agreement and any licenses granted by Recipient relating tothe Program shall continue and survive.IBM may publish new versions (including revisions) of thisAgreement from time to time. Each new version of theAgreement will be given a distinguishing version number. TheProgram (including Contributions) may always be distributedsubject to the version of the Agreement under which it wasreceived. In addition, after a new version of the Agreement ispublished, Contributor may elect to distribute the Program(including its Contributions) under the new version. No one otherthan IBM has the right to modify this Agreement. Except asexpressly stated in Sections 2(a) and 2(b) above, Recipientreceives no rights or licenses to the intellectual property of anyContributor under this Agreement, whether expressly, byimplication, estoppel or otherwise. All rights in the Program notexpressly granted under this Agreement are reserved.This Agreement is governed by the laws of the State of New Yorkand the intellectual property laws of the United States ofAmerica. No party to this Agreement will bring a legal actionunder this Agreement more than one year after the cause ofaction arose. Each party waives its rights to a jury trial in anyresulting litigation.The MIT LicensePermission is hereby granted, free of charge, to any personobtaining a copy of this software and associated documentationfiles (the "Software"), to deal in the Software without restriction,including without limitation the rights to use, copy, modify,merge, publish, distribute, sublicense, and/or sell copies of the