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d. Each Contributor represents that to its knowledge it has sufficient copyright rights in its Contribution, if any, to grant the

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) 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; 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 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 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 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.

Third party licenses