GedStar Pro PC Conversion User Guide
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UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL DEVELOPER,
ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER
OF ANY OF SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER 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 THAT
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.
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 Dutch 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 The Netherlands: (a)
unless otherwise agreed in writing, all disputes relating to this License (excepting any dispute relating to
intellectual property rights) shall be subject to final and binding arbitration, with the losing party paying all
costs of arbitration; (b) any arbitration relating to this Agreement shall be held in Almelo, The Netherlands;
and (c) any litigation relating to this Agreement shall be subject to the jurisdiction of the court of Almelo,
The Netherlands with the losing party responsible for costs, including without limitation, court costs and
reasonable attorneys fees and expenses. 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 Covered 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 FreeImage 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
