Extreme Networks AG200 User Manual page 387

Licenses
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.
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 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 a Contributor with respect to a patent applicable to software (including a
cross-claim or counterclaim in a lawsuit), then any patent licenses granted by that Contributor to such Recipient under this
Agreement shall terminate as of the date such litigation is filed. In addition, 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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Sentriant AG Users' Guide, Version 5.0