Zyxel ZyWALL-USG50 Router Manual PDF (Setup & Configuration Guide)

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alone, not by the Initial Developer or any Contributor. You hereby agree to

indemnify the Initial Developer and every Contributor for any liability incurred by

the Initial Developer or such Contributor as a result of any such terms You offer.

3.7. Larger Works.

You may create a Larger Work by combining Covered Code with other code not

governed by the terms of this License and distribute the Larger Work as a single

product. In such a case, You must make sure the requirements of this License are

fulfilled for the Covered Code.

4. Inability to Comply Due to Statute or Regulation.

If it is impossible for You to comply with any of the terms of this License with

respect to some or all of the Covered Code due to statute, judicial order, or

regulation then You must: (a) comply with the terms of this License to the

maximum extent possible; and (b) describe the limitations and the code they

affect. Such description must be included in the

legal

file described in Section 3.4

and must be included with all distributions of the Source Code. Except to the

extent prohibited by statute or regulation, such description must be sufficiently

detailed for a recipient of ordinary skill to be able to understand it.

5. Application of this License.

This License applies to code to which the Initial Developer has attached the notice

in Exhibit A and to related Covered Code.

6. Versions of the License.

6.1. New Versions

Netscape Communications Corporation ("Netscape") may publish revised and/or

new versions of the License from time to time. Each version will be given a

distinguishing version number.

6.2. Effect of New Versions

Once Covered Code has been published under a particular version of the License,

You may always continue to use it under the terms of that version. You may also

choose to use such Covered Code under the terms of any subsequent version of

the License published by Netscape. No one other than Netscape has the right to

modify the terms applicable to Covered Code created under this License.

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",

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"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

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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.

b. any software, hardware, or device, other than such Participant's Contributor

Version, directly or indirectly infringes any patent, then any rights granted to

You by such Participant under Sections 2.1(b) and 2.2(b) are revoked effective

as of the date You first made, used, sold, distributed, or had made,

Modifications made by that Participant.

8.3. If You assert a patent infringement claim against Participant alleging that

such Participant's Contributor Version directly or indirectly infringes any patent

where such claim is resolved (such as by license or settlement) prior to the

initiation of patent infringement litigation, then the reasonable value of the

licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken into

account in determining the amount or value of any payment or license.

8.4. In the event of termination under Sections 8.1 or 8.2 above, all end user

license agreements (excluding distributors and resellers) which have been validly

granted by You or any distributor hereunder prior to termination shall survive

termination.

9. Limitation of liability

Under no circumstances and under no legal theory, whether tort

(including negligence), contract, or otherwise, shall you, the initial

developer, any other contributor, or any distributor of covered code, or

any supplier of any of such parties, be liable to any 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, or any and all other

commercial damages or losses, even if such party shall have been

informed of the possibility of such damages. This limitation of liability

shall not apply to liability for death or personal injury resulting from such

party's negligence to the extent applicable law prohibits such limitation.

Some jurisdictions do not allow the exclusion or limitation of incidental or

consequential damages, so this exclusion and limitation may not apply to

you.

10. U.S. government end users

The Covered Code is a "commercial item," as that term is defined in 48 C.F.R.

2.101 (Oct. 1995), consisting of "commercial computer software" and

"commercial computer software documentation," 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 those rights set forth herein.

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11. Miscellaneous

This License represents the complete agreement concerning subject matter

hereof. If any provision of this License is held to be unenforceable, such provision

shall be reformed only to the extent necessary to make it enforceable. This

License shall be governed by California law provisions (except to the extent

applicable law, if any, provides otherwise), excluding its conflict-of-law provisions.

With respect to disputes in which at least one party is a citizen of, or an entity

chartered or registered to do business in the United States of America, any

litigation relating to this License shall be subject to the jurisdiction of the Federal

Courts of the Northern District of California, with venue lying in Santa Clara

County, California, with the losing party responsible for costs, including without

limitation, court costs and reasonable attorneys' fees and expenses. The

application of the United Nations Convention on Contracts for the International

Sale of Goods is expressly excluded. Any law or regulation which provides that the

language of a contract shall be construed against the drafter shall not apply to this

License.

12. Responsibility for claims

As between Initial Developer and the Contributors, each party is responsible for

claims and damages arising, directly or indirectly, out of its utilization of rights

under this License and You agree to work with Initial Developer and Contributors

to distribute such responsibility on an equitable basis. Nothing herein is intended

or shall be deemed to constitute any admission of liability.

13. Multiple-licensed code

Initial Developer may designate portions of the Covered Code as "Multiple-

Licensed". "Multiple-Licensed" means that the Initial Developer permits you to

utilize portions of the Covered Code under Your choice of the MPL or the

alternative licenses, if any, specified by the Initial Developer in the file described in

Exhibit A.

Exhibit A - Mozilla Public License.

"The contents of this file are subject to the Mozilla Public License

Version 1.1 (the "License"); you may not use this file except in

compliance with the License. You may obtain a copy of the License at

http://www.mozilla.org/MPL/

Software distributed under the License is distributed on an "AS IS" basis,

WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for

the specific language governing rights and limitations under the License.

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The Original Code is ______________________________________.

The Initial Developer of the Original Code is ________________________.

Portions created by ______________________ are Copyright (C) ______

Contributor(s): ______________________________________.

Alternatively, the contents of this file may be used under the terms of the _____

license (the

"[___] License"), in which case the provisions of [______] License

are applicable instead of those above. If you wish to allow use of your version of

this file only under the terms of the [____] License and not to allow others to use

your version of this file under the MPL, indicate your decision by deleting the

provisions above and replace them with the notice and other provisions required

by the [___] License. If you do not delete the provisions above, a recipient may

use your version of this file under either the MPL or the [___] License."

NOTE: The text of this Exhibit A may differ slightly from the text of the notices in

the Source Code files of the Original Code. You should use the text of this Exhibit

A rather than the text found in the Original Code Source Code for Your

Modifications.

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