Watchguard Firebox X5500E Reference Manual page 122

Licensing
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, 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.
6 DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS),
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE
USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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WatchGuard System Manager