("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.
PSW.book Page 55 Wednesday, February 27, 2013 2:49 PM
Warranty Information 52
Click to BUY NOW!
P
D
F-
XC
hange E
dit
o
r
tr
a
ck
er-software
.c
o
m
Click to BUY NOW!
P
D
F-
XC
hange E
dit
o
r
tr
a
ck
er-software
.c
o
m
