Administrator Guide

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 defense 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.
5. 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.
6. 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 USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. GENERAL
If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or
enforceability of the remainder of the terms of this Agreement, and without further action by the parties hereto, such
provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable. If Recipient
institutes patent litigation against a Contributor with respect to a patent applicable to software (including a cross-claim or
counterclaim in a lawsuit), then any patent licenses granted by that Contributor to such Recipient under this Agreement shall
terminate as of the date such litigation is filed. In addition, if Recipient institutes patent litigation against any entity (including
a cross-claim or counterclaim in a lawsuit) alleging that the Program itself (excluding combinations of the Program with
other software or hardware) infringes such Recipient's patent(s), then such Recipient's rights granted under Section 2(b)
shall terminate as of the date such litigation is filed. All Recipient's rights under this Agreement shall terminate if it fails to
comply with any of the material terms or conditions of this Agreement and does not cure such failure in a reasonable period
of time after becoming aware of such noncompliance. If all Recipient's rights under this Agreement terminate, Recipient
agrees to cease use and distribution of the Program as soon as reasonably practicable. However, Recipient's obligations
under this Agreement and any licenses granted by Recipient relating to the Program shall continue and survive. Everyone is
permitted to copy and distribute copies of this Agreement, but in order to avoid inconsistency the Agreement is copyrighted
and may only be modified in the following manner. The Agreement Steward reserves the right to publish new versions
(including revisions) of this Agreement from time to time. No one other than the Agreement Steward has the right to modify
this Agreement. IBM is the initial Agreement Steward. IBM may assign the responsibility to serve as the Agreement Steward
to a suitable separate entity. Each new version of the Agreement will be given a distinguishing version number. The Program
(including Contributions) may always be distributed subject to the version of the Agreement under which it was received.
In addition, after a new version of the Agreement is published, Contributor may elect to distribute the Program (including
its Contributions) under the new version. Except as expressly stated in Sections 2(a) and 2(b) above, Recipient receives
no rights or licenses to the intellectual property of any Contributor under this Agreement, whether expressly, by implication,
estoppel or otherwise. All rights in the Program not expressly granted under this Agreement are reserved. This Agreement is
governed by the laws of the State of New York and the intellectual property laws of the United States of America. No party
to this Agreement will bring a legal action under this Agreement more than one year after the cause of action arose. Each
party waives its rights to a jury trial in any resulting litigation.
Copyright (c) 2004 by the Open Source Initiative
This is a copy of the license posted on 2004-10-06 at:
http://www.opensource.org/licenses/cpl
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