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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; and
iv.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.
Each Contributor must include the following in a conspicuous
location in the Program:
Copyright (C) 1996, 1999 International Business Machines
Corporation and others. All Rights Reserved.
In addition, 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,
