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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 THOUGHTSTORE, ANY CONTRIBUTOR, OR ANY
DISTRIBUTOR OF GOVERNED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO
YOU OR ANY OTHER PERSON FOR ANY DIRECT, 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 THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. TO
THE EXTENT THAT ANY EXCLUSION OF DAMAGES ABOVE IS NOT VALID, YOU AGREE THAT IN NO
EVENT WILL THOUGHTSTORE'S LIABILITY UNDER OR RELATED TO THIS AGREEMENT EXCEED
FIVE THOUSAND DOLLARS ($5,000). THE GOVERNED CODE IS NOT INTENDED FOR USE IN
CONNECTION WITH ANY NUCLEAR, AVIATION, MASS TRANSIT OR MEDICAL APPLICATION OR
ANY OTHER INHERENTLY DANGEROUS APPLICATION THAT COULD RESULT IN DEATH, PERSONAL
INJURY, CATASTROPHIC DAMAGE OR MASS DESTRUCTION, AND YOU AGREE THAT NEITHER
THOUGHTSTORE NOR ANY CONTRIBUTOR SHALL HAVE ANY LIABILITY OF ANY NATURE AS A
RESULT OF ANY SUCH USE OF THE GOVERNED CODE. 

 

10. U.S. Government End Users. 

 

The Governed 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 Governed Code with only those rights set forth herein. 

 

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 New York law (except to the extent applicable law, if any, provides otherwise), excluding
its conflict-of-law provisions. The parties submit to personal jurisdiction in New York, New York and further agree
that any cause of action arising under or related to this Agreement shall be brought in the Federal Court for the
Southern District of New York, with venue lying in New York, New York. The losing party shall be responsible for
costs, including without limitation, court costs and reasonable attorneys' fees and expenses. Notwithstanding anything
to the contrary herein, AnIdea may seek injunctive relief related to a breach of this Agreement in any court of
competent jurisdiction. 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. 

 

Except in cases where another Contributor has failed to comply with Section 3.4, You are responsible for damages
arising, directly or indirectly, out of Your utilization of rights under this License, based on the number of copies of
Governed Code you made available, the revenues you received from utilizing such rights, and other relevant factors.
You agree to work with affected parties to distribute responsibility on an equitable basis. 

 

 

 

                                                 

                                           EXHIBIT A

 

"The contents of this file are subject to the Ricoh Source Code Public License Version 1.0 (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.pagekit.org/license.html

 

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. 

 

This code was initially developed by AnIdea, Corp. Portions created by AnIdea, Inc. are Copyright (C)
2000, 2001, 2002, 2003, 2004, 2005. All Rights Reserved.

 

Contributor(s): ______________________________________."