Arris DCX3510-M User Manual page 46

Appendix A
a) in the case of the initial Contributor, the initial code and
documentation distributed under this Agreement, and
b) in the case of each subsequent Contributor: i) changes to the
Program, and
ii) additions to the Program;
where such changes and/or additions to the Program originate from
and are distributed by that particular Contributor. A Contribution
'originates' from a Contributor if it was added to the Program by
such Contributor itself or anyone acting on such Contributor's
behalf. Contributions do not include additions to the Program which:
(i) are separate modules of software distributed in conjunction with
the Program under their own license agreement, and (ii) are not
derivative works of the Program. "Contributor" means any person or
entity that distributes the Program. "Licensed Patents " mean patent
claims licensable by a Contributor which are necessarily infringed
by the use or sale of its Contribution alone or when combined with
the Program.
"Program" means the Contributions distributed in accordance with
this Agreement. "Recipient" means anyone who receives the
Program under this Agreement, including all Contributors.
GRANT OF RIGHTS
a) Subject to the terms of this Agreement, each Contributor hereby
grants Recipient a non-exclusive, worldwide, royalty-free copyright
license to reproduce, prepare derivative works of, publicly display,
publicly perform, distribute and sublicense the Contribution of such
Contributor, if any, and such derivative works, in source code and
object code form. b) Subject to the terms of this Agreement, each
Contributor hereby grants Recipient a non-exclusive, worldwide,
royalty-free patent license under Licensed Patents to make, use,
sell, offer to sell, import and otherwise transfer the Contribution of
such Contributor, if any, in source code and object code form. This
patent license shall apply to the combination of the Contribution
and the Program if, at the time the Contribution is added by the
Contributor, such addition of the Contribution causes such
combination to be covered by the Licensed Patents. The patent
license shall not apply to any other combinations which include the
Contribution. No hardware per se is licensed hereunder. c) Recipient
understands that although each Contributor grants the licenses to
its Contributions set forth herein, no assurances are provided by any
Contributor that the Program does not infringe the patent or other
intellectual property rights of any other entity. Each Contributor
disclaims any liability to Recipient for claims brought by any other
entity based on infringement of intellectual property rights or
otherwise. As a condition to exercising the rights and licenses
granted hereunder, 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.
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
with OCAP Software DCX3510-M • User Guide
365-095-25385-x.1
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.
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.
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, NONINFRINGEMENT,
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
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