Samsung SPH-m350 Guide D'utilisation page 13

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not withdrawn, the rights granted by Participant to You under Sections 2.1 and/or 2.2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.
(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.