Canon imageRUNNER ADVANCE C9075S PRO Operating Information Manual page 438

Eclipse Public License - v 1.0
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 commer-
cial 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 distribu-
tion 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 responsibil-
ity 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 CONDI-
TIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITH-
OUT 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
438 Chapter 13 - Third party software