Administrator Guide

A Contributor may choose to distribute the Program in object code form under its own license agreement, provided that:
a. it complies with the terms and conditions of this Agreement; and
b. its license agreement:
i. effectively disclaims on behalf of all Contributors all warranties and conditions, express and implied, including warranties or
conditions of title and non-infringement, and implied warranties or conditions of merchantability and fitness for a particular
purpose;
ii. effectively excludes on behalf of all Contributors all liability for damages, including direct, indirect, special, incidental and
consequential damages, such as lost profits;
iii. states that any provisions which differ from this Agreement are offered by that Contributor alone and not by any other party;
and
iv. states that source code for the Program is available from such Contributor, and informs licensees how to obtain it in a
reasonable manner on or through a medium customarily used for software exchange.
When the Program is made available in source code form:
a. it must be made available under this Agreement; and
b. a copy of this Agreement must be included with each copy of the Program.
Each Contributor must include the following in a conspicuous location in the Program:
Copyright (c) {date here}, The Open Group Ltd. and others. All Rights Reserved.
In addition, each Contributor must identify itself as the originator of its Contribution, if any, in a manner that reasonably allows
subsequent Recipients to identify the originator of the Contribution.
COMMERCIAL DISTRIBUTION
Commercial distributors of software may accept certain responsibilities with respect to end users, business partners and the
like. While this license is intended to facilitate the commercial use of the Program, subject to the limitations provided in Section
2, the Contributor who includes the Program in a commercial product offering should do so in a manner which does not create
potential liability for other Contributors. Therefore, if a Contributor includes the Program in a commercial product offering,
such Contributor ("Commercial Contributor") hereby agrees to defend and indemnify every other Contributor ("Indemnified
Contributor") against any losses, damages and costs (collectively "Losses") arising from claims, lawsuits and other legal actions
brought by a third party against the Indemnified Contributor to the extent caused by the acts or omissions of such Commercial
Contributor in connection with its distribution of the Program in a commercial product offering. The obligations in this section
do not apply to any claims or Losses relating to any actual or alleged intellectual property infringement. In order to qualify, an
Indemnified Contributor must:
a. promptly notify the Commercial Contributor in writing of such claim, and
b. allow the Commercial Contributor to control, and cooperate with the Commercial Contributor in, the defence and any related
settlement negotiations.
The Indemnified Contributor may participate in any such claim at its own expense.
For example, a Contributor might include the Program in a commercial product offering, Product X. That Contributor is then a
Commercial Contributor. If that Commercial Contributor then makes performance claims, or offers warranties related to Product
X, those performance claims and warranties are such Commercial Contributor's responsibility alone. Under this section, the
Commercial Contributor would have to defend claims against the other Contributors related to those performance claims and
warranties, and if a court requires any other Contributor to pay any damages as a result, the Commercial Contributor must pay
those damages.
NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT
WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY
WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. Each Recipient is solely responsible for determining the appropriateness of using and distributing the Program and
assumes all risks associated with its exercise of rights under this Agreement, including but not limited to the risks and costs
of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or
interruption of operations.
DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL
HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE
130