NEC EGW101 User Manual page 38

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.
7. GENERAL
If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or
enforceability of the remainder of the terms of this Agreement, and without further action by the parties hereto, such
provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
If Recipient institutes patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that
the Program itself (excluding combinations of the Program with other software or hardware) infringes such Recipient's
patent(s), then such Recipient's rights granted under Section 2(b) shall terminate as of the date such litigation is filed.
All Recipient's rights under this Agreement shall terminate if it fails to comply with any of the material terms or conditions of
this Agreement and does not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If
all Recipient's rights under this Agreement terminate, Recipient agrees to cease use and distribution of the Program as soon as
reasonably practicable. However, Recipient's obligations under this Agreement and any licenses granted by Recipient relating
to the Program shall continue and survive.
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NeoFace Access Control User's Guide
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