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, 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,
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