Administrator Guide

where such changes and/or additions to the Program originate from and are distributed by that particular Contributor. A
Contribution 'originates' from a Contributor if it was added to the Program by such Contributor itself or anyone acting on
such Contributor's behalf. Contributions do not include additions to the Program which: (i) are separate modules of software
distributed in conjunction with the Program under their own license agreement, and (ii) are not derivative works of the
Program.
"Contributor" means any person or entity that distributes the Program.
"Licensed Patents " mean patent claims licensable by a Contributor which are necessarily infringed by the use or sale of its
Contribution alone or when combined with the Program.
"Program" means the Contributions distributed in accordance with this Agreement.
"Recipient" means anyone who receives the Program under this Agreement, including all Contributors.
2. GRANT OF RIGHTS
a. Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-
free copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, distribute and
sublicense the Contribution of such Contributor, if any, and such derivative works, in source code and object code
form.
b. Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-
free patent license under Licensed Patents to make, use, sell, offer to sell, import and otherwise transfer the Contribution
of such Contributor, if any, in source code and object code form. This patent license shall apply to the combination
of the Contribution and the Program if, at the time the Contribution is added by the Contributor, such addition of the
Contribution causes such combination to be covered by the Licensed Patents. The patent license shall not apply to any
other combinations which include the Contribution. No hardware per se is licensed hereunder.
c. Recipient understands that although each Contributor grants the licenses to its Contributions set forth herein, no
assurances are provided by any Contributor that the Program does not infringe the patent or other intellectual property
rights of any other entity. Each Contributor disclaims any liability to Recipient for claims brought by any other entity
based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses
granted hereunder, each Recipient hereby assumes sole responsibility to secure any other intellectual property rights
needed, if any. For example, if a third party patent license is required to allow Recipient to distribute the Program, it is
Recipient's responsibility to acquire that license before distributing the Program.
d. Each Contributor represents that to its knowledge it has sufficient copyright rights in its Contribution, if any, to grant the
copyright license set forth in this Agreement.
3. REQUIREMENTS
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:
i. it must be made available under this Agreement; and
ii. a copy of this Agreement must be included with each copy of the Program.
Contributors may not remove or alter any copyright notices contained within the Program.
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.
4. 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, 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
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