OpenHCI - Open Host Controller Interface Specification for USB
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2.5. Objection and Withdrawal. Adopter (or a Fellow Adopter) may, within 60 days
after publication of an Update, terminate this Agreement with respect to such
Update and all further revisions of the Specification. Termination shall be made
by giving written notice to the Promoters. The effect of such termination will be
that the covenants granted shall continue to apply with respect to the
Specification and Updates adopted as of 60 days prior to the date of termination
shall continue in full force and shall extend to entities who become Adopters
even after such termination. No covenant shall be deemed granted or received
by such Adopter as to Updates adopted after the date of such withdrawal.
3. General
3.1. No Other Licenses. Adopter neither grants nor receives any license to or right to
use any trademark, tradename, copyright, or maskwork hereunder. Except for
the rights expressly provided by this Agreement, Adopter neither grants nor
receives, by implication, or estoppel, or otherwise, any rights under any patents
or other intellectual property rights.
3.2. Limited Effect. This Agreement shall not be construed to waive any Party’s
rights under law or any other agreement except as expressly set out here.
3.3. No Warranty. Adopter acknowledges that the Specification is provided “AS IS”
WITH NO WARRANTIES WHATSOEVER, WHETHER EXPRESS, IMPLIED OR
STATUTORY, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF
MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR ANY PARTICULAR
PURPOSE, OR ANY WARRANTY OTHERWISE ARISING OUT OF ANY
PROPOSAL, SPECIFICATION, OR SAMPLE.
3.4. Damages. In no event will Promoters, Adopter or Fellow Adopter be liable to the
other for any loss of profits, loss of use, incidental, consequential, indirect, or
special damages arising out of this or any other Open HCI Covenant, whether or
not such party had advance notice of the possibility of such damages.
3.5. Governing Law. This Agreement shall be construed and controlled by the laws
of New York. Any litigation arising out of this Agreement shall take place in New
York, and all parties consent to jurisdiction of the State and Federal courts there.
3.6. Not Partners. Adopter understands that the Promoters are independent
companies and are not partners or joint venturers with each other. While the
Promoters may select an entity to handle certain administrative tasks for them,
no party is authorized to make any commitment on behalf of all or any of them.
3.7. Complete Agreement. Upon publication of the Specification by the Promoters,
this Agreement sets forth the entire understanding of the agreement between the
Adopters and the Promoters and supersedes all prior agreements and
understandings relating hereto. No modifications or additions to or deletions
from this Agreement shall be binding unless accepted in writing by an authorized
representative of all parties.
