3. REQUIREMENTS
A Contributor may choose to distribute the Program in object
code form under its own license agreement, provided that:
1.
it complies with the terms and conditions of this
Agreement; and
2.
its license agreement:
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:
1.
it must be made available under this Agreement; and
2.
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
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