ZyXEL Communications Vantage CNM 2.0 User Manual page 232

Vantage CNM 2.0
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON
PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE
PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
1. DEFINITIONS
"Contribution" means: 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.
2. 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.
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
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