Administrator Guide

combination to be covered by the Licensed Patents. The patent licensesshall 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 licensesis required to allow Recipient to distribute the Program, it is Recipient's responsibility to acquire that
licensesbefore distributing the Program.
d Each Contributor represents that to its knowledge it has sucient copyright rights in its Contribution, if any, to grant the
copyright licensesset forth in this Agreement.
3 REQUIREMENTS
A Contributor may choose to distribute the Program in object code form under its own licensesagreement, provided that:
a it complies with the terms and conditions of this Agreement; andb) its licensesagreement:i) eectively 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 tness for a particular purpose;ii) eectively excludes on behalf of all
Contributors all liability for damages, including direct, indirect, special, incidental and consequential damages, such as lost
prots;iii) states that any provisions which dier from this Agreement are oered by that Contributor alone and not by any other
party; andiv) 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.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 licensesis intended to facilitate the commercial use of the Program, the Contributor who includes the Program in a
commercial product oering 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 oering, such Contributor ("Commercial Contributor") hereby agrees
to defend and indemnify every other Contributor ("Indemnied Contributor") against any losses, damages and costs (collectively
"Losses") arising from claims, lawsuits and other legal actions brought by a third party against the Indemnied 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 oering. 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 Indemnied 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 Indemnied Contributor may participate in any such claim
at its own expense.
• For example, a Contributor might include the Program in a commercial product oering, Product X. That Contributor is then a
Commercial Contributor. If that Commercial Contributor then makes performance claims, or oers 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
Third party licenses
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