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Chapitre 15 : Annexe
You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Software. However, You
may do so only on Your own behalf, and not on behalf of any Contributor. You must make it absolutely clear that any such warranty, support, indemnity, or liability
obligation is offered by You alone, and You hereby agree to indemnify every Contributor for any liability incurred by such Contributor as a result of warranty, support,
indemnity or liability terms You offer. You may include additional disclaimers of warranty and limitations of liability specific to any jurisdiction.
4. Inability to Comply Due to Statute or Regulation
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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 Software 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 placed in a text file included with all distributions of the Covered Software under this License. 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. Termination
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5.1. The rights granted under this License will terminate automatically if You fail to comply with any of its terms. However, if You become compliant, then the rights
granted under this License from a particular Contributor are reinstated (a) provisionally, unless and until such Contributor explicitly and finally terminates Your grants,
and (b) on an ongoing basis, if such Contributor fails to notify You of the non-compliance by some reasonable means prior to 60 days after You have come back into
compliance. Moreover, Your grants from a particular Contributor are reinstated on an ongoing basis if such Contributor notifies You of the non-compliance by some
reasonable means, this is the first time You have received notice of non-compliance with this License from such Contributor, and You become compliant prior to 30
days after Your receipt of the notice.
5.2. If You initiate litigation against any entity by asserting a patent infringement claim (excluding declaratory judgment actions, counter-claims, and cross-claims)
alleging that a Contributor Version directly or indirectly infringes any patent, then the rights granted to You by any and all Contributors for the Covered Software under
Section 2.1 of this License shall terminate.
5.3. In the event of termination under Sections 5.1 or 5.2 above, all end user license agreements (excluding distributors and resellers) which have been validly granted
by You or Your distributors under this License prior to termination shall survive termination.
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6. Disclaimer of Warranty
* ------------------------- *
Covered Software is provided under this License on an "as is" basis, without warranty of any kind, either expressed, implied, or statutory, including, without limitation,
warranties that the Covered Software 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 Software is with You. Should any Covered Software prove defective in any respect, You (not any 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 Software is authorized under this
License except under this disclaimer.
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7. Limitation of Liability
* -------------------------- *
Under no circumstances and under no legal theory, whether tort (including negligence), contract, or otherwise, shall any Contributor, or anyone who distributes
Covered Software as permitted above, be liable to You for any direct, indirect, special, incidental, or consequential damages of any character including, without
limitation, damages for lost profits, 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.
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8. Litigation
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Any litigation relating to this License may be brought only in the courts of a jurisdiction where the defendant maintains its principal place of business and such litigation
shall be governed by laws of that jurisdiction, without reference to its conflict-of-law provisions. Nothing in this Section shall prevent a party's ability to bring cross-
claims or counter-claims.
9. Miscellaneous
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This License represents the complete agreement concerning the 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. Any law or regulation which provides that the language of a contract shall be construed against
the drafter shall not be used to construe this License against a Contributor.
10. Versions of the License
---------------------------
10.1. New Versions
Mozilla Foundation is the license steward. Except as provided in Section 10.3, no one other than the license steward has the right to modify or publish new versions
of this License. Each version will be given a distinguishing version number.
10.2. Effect of New Versions
You may distribute the Covered Software under the terms of the version of the License under which You originally received the Covered Software, or under the terms
of any subsequent version published by the license steward.
10.3. Modified Versions
If you create software not governed by this License, and you want to create a new license for such software, you may create and use a modified version of this
License if you rename the license and remove any references to the name of the license steward (except to note that such modified license differs from this License).
10.4. Distributing Source Code Form that is Incompatible With Secondary Licenses
If You choose to distribute Source Code Form that is Incompatible With Secondary Licenses under the terms of this version of the License, the notice described in
Exhibit B of this License must be attached.
Fresenius Medical Care 6008 IFU-FR 24A-2022
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