ZyXEL Communications Vantage CNM 2.0 User Manual page 233

Vantage CNM 2.0
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
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