Novell ZENWORKS NETWORK ACCESS CONTROL 5.0 - 09-22-2008 User Manual page 480

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
480 Novell ZENworks Network Access Control Users Guide