Administrator Guide

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
USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
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 or other similar official proceedings to enforce patent rights 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 non-compliance. 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.
The Open Group may publish new versions (including revisions) of this Agreement from time to time. 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. No one other
than The Open Group has the right to modify this Agreement. 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.
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.
Open LDAP 2.8
The OpenLDAP Public License
Version 2.8, 17 August 2003
Redistribution and use of this software and associated documentation ("Software"), with or without modification, are permitted
provided that the following conditions are met:
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