64
Brocade SMI Agent User’s Guide
53-1001778-01
IBM Common Public License
A
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 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.
