worldwide, royalty-free copyright license to reproduce, prepare derivative works of, publicly display, publicly
perform, distribute and sublicense the Contribution of such Contributor, if any, and such derivative works, in
source code and object code form.
b) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive,
worldwide, royalty-free patent license under Licensed Patents to make, use, sell, offer to sell, import and
otherwise transfer the Contribution of such Contributor, if any, in source code and object code form. This patent
license shall apply to the combination of the Contribution and the Program if, at the time the Contribution is
added by the Contributor, such addition of the Contribution causes such combination to be covered by the
Licensed Patents. The patent license shall 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 license is required to allow
Recipient to distribute the Program, it is Recipient's responsibility to acquire that license before distributing the
Program.
d) Each Contributor represents that to its knowledge it has sufficient copyright rights in its Contribution, if any, to
grant the copyright license set forth in this Agreement.
3. REQUIREMENTS
A Contributor may choose to distribute the Program in object code form under its own license agreement,
provided that:
a) it complies with the terms and conditions of this Agreement; and
b) 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:
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 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,
