Fujitsu ETERNUS CS800 S5 User Manual page 535

ETERNUS CS800 2.3.1 Open-Source Source Codes Eclipse Public License, Version 1.0
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 , 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.
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