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
7. Appendix
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