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.
Everyone is permitted to copy and distribute copies of this Agreement, but in order to avoid
inconsistency the Agreement is copyrighted and may only be modified in the following manner. The
Copyrights
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