ZyXEL Communications Vantage CNM User Manual page 452

Vantage CNM User's Guide
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
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