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Open Source Announcement
The software included in this product contains copyrighted software that is licensed under the below open source
licenses.
Product : M267x 287x Series, M288x Series
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The Apache Software License, Version 1.1
* This product includes software developed by the Apache Software Foundation (http://www.apache.org/)
Copyright (c) 1999-2002 The Apache Software Foundation. All rights
reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in
the documentation and/or other materials provided with the
distribution.
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3. The end-user documentation included with the redistribution, if
any, must include the following acknowlegement:
"This product includes software developed by the
Apache Software Foundation (http://www.apache.org/)."
Alternately, this acknowlegement may appear in the software itself,
if and wherever such third-party acknowlegements normally appear.
4. The names "The Jakarta Project", "Commons", and "Apache Software
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5. Products derived from this software may not be called "Apache"
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THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR
ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF
USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
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OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT
OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE.
This software consists of voluntary contributions made by many
individuals on behalf of the Apache Software Foundation. For more
information on the Apache Software Foundation, please see
<http://www.apache.org/>.
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Apache License
Version 2.0, January 2004
http://www.apache.org/licenses/
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
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of your accepting any such warranty or additional liability.
END OF TERMS AND CONDITIONS
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WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
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COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0
This product uses software program which is distributed under the CDDL License.
CDDL software source codes that have been used in this product can be provided after asking to
oss.request@samsung.com.
1. Definitions.
1.1. "Contributor" means each individual or entity that
creates or contributes to the creation of Modifications.
1.2. "Contributor Version" means the combination of the
Original Software, prior Modifications used by a
Contributor (if any), and the Modifications made by that
particular Contributor.
1.3. "Covered Software" means (a) the Original Software, or
(b) Modifications, or (c) the combination of files
containing Original Software with files containing
Modifications, in each case including portions thereof.
1.4. "Executable" means the Covered Software in any form
![](/html/9b/9bbd/9bbd740c6ea9953fabfd9189f82a0fe86ff28c8224189452b7bfe8598d6b560d/bgc.png)
other than Source Code.
1.5. "Initial Developer" means the individual or entity
that first makes Original Software available under this
License.
1.6. "Larger Work" means a work which combines Covered
Software or portions thereof with code not governed by the
terms of this License.
1.7. "License" means this document.
1.8. "Licensable" means having the right to grant, to the
maximum extent possible, whether at the time of the initial
grant or subsequently acquired, any and all of the rights
conveyed herein.
1.9. "Modifications" means the Source Code and Executable
form of any of the following:
A. Any file that results from an addition to,
deletion from or modification of the contents of a
file containing Original Software or previous
Modifications;
B. Any new file that contains any part of the
![](/html/9b/9bbd/9bbd740c6ea9953fabfd9189f82a0fe86ff28c8224189452b7bfe8598d6b560d/bgd.png)
Original Software or previous Modification; or
C. Any new file that is contributed or otherwise made
available under the terms of this License.
1.10. "Original Software" means the Source Code and
Executable form of computer software code that is
originally released under this License.
1.11. "Patent Claims" means any patent claim(s), now owned
or hereafter acquired, including without limitation,
method, process, and apparatus claims, in any patent
Licensable by grantor.
1.12. "Source Code" means (a) the common form of computer
software code in which modifications are made and (b)
associated documentation included in or with such code.
1.13. "You" (or "Your") means an individual or a legal
entity exercising rights under, and complying with all of
the terms of, this License. For legal entities, "You"
includes any entity which controls, is controlled by, or is
under common control with You. For purposes of this
definition, "control" means (a) the power, direct or
indirect, to cause the direction or management of such
entity, whether by contract or otherwise, or (b) ownership
![](/html/9b/9bbd/9bbd740c6ea9953fabfd9189f82a0fe86ff28c8224189452b7bfe8598d6b560d/bge.png)
of more than fifty percent (50%) of the outstanding shares
or beneficial ownership of such entity.
2. License Grants.
2.1. The Initial Developer Grant.
Conditioned upon Your compliance with Section 3.1 below and
subject to third party intellectual property claims, the
Initial Developer hereby grants You a world-wide,
royalty-free, non-exclusive license:
(a) under intellectual property rights (other than
patent or trademark) Licensable by Initial Developer,
to use, reproduce, modify, display, perform,
sublicense and distribute the Original Software (or
portions thereof), with or without Modifications,
and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making,
using or selling of Original Software, to make, have
made, use, practice, sell, and offer for sale, and/or
otherwise dispose of the Original Software (or
portions thereof).
(c) The licenses granted in Sections 2.1(a) and (b)
![](/html/9b/9bbd/9bbd740c6ea9953fabfd9189f82a0fe86ff28c8224189452b7bfe8598d6b560d/bgf.png)
are effective on the date Initial Developer first
distributes or otherwise makes the Original Software
available to a third party under the terms of this
License.
(d) Notwithstanding Section 2.1(b) above, no patent
license is granted: (1) for code that You delete from
the Original Software, or (2) for infringements
caused by: (i) the modification of the Original
Software, or (ii) the combination of the Original
Software with other software or devices.
2.2. Contributor Grant.
Conditioned upon Your compliance with Section 3.1 below and
subject to third party intellectual property claims, each
Contributor hereby grants You a world-wide, royalty-free,
non-exclusive license:
(a) under intellectual property rights (other than
patent or trademark) Licensable by Contributor to
use, reproduce, modify, display, perform, sublicense
and distribute the Modifications created by such
Contributor (or portions thereof), either on an
unmodified basis, with other Modifications, as
Covered Software and/or as part of a Larger Work; and
![](/html/9b/9bbd/9bbd740c6ea9953fabfd9189f82a0fe86ff28c8224189452b7bfe8598d6b560d/bg10.png)
(b) under Patent Claims infringed by the making,
using, or selling of Modifications made by that
Contributor either alone and/or in combination with
its Contributor Version (or portions of such
combination), to make, use, sell, offer for sale,
have made, and/or otherwise dispose of: (1)
Modifications made by that Contributor (or portions
thereof); and (2) the combination of Modifications
made by that Contributor with its Contributor Version
(or portions of such combination).
(c) The licenses granted in Sections 2.2(a) and
2.2(b) are effective on the date Contributor first
distributes or otherwise makes the Modifications
available to a third party.
(d) Notwithstanding Section 2.2(b) above, no patent
license is granted: (1) for any code that Contributor
has deleted from the Contributor Version; (2) for
infringements caused by: (i) third party
modifications of Contributor Version, or (ii) the
combination of Modifications made by that Contributor
with other software (except as part of the
Contributor Version) or other devices; or (3) under
![](/html/9b/9bbd/9bbd740c6ea9953fabfd9189f82a0fe86ff28c8224189452b7bfe8598d6b560d/bg11.png)
Patent Claims infringed by Covered Software in the
absence of Modifications made by that Contributor.
3. Distribution Obligations.
3.1. Availability of Source Code.
Any Covered Software that You distribute or otherwise make
available in Executable form must also be made available in
Source Code form and that Source Code form must be
distributed only under the terms of this License. You must
include a copy of this License with every copy of the
Source Code form of the Covered Software You distribute or
otherwise make available. You must inform recipients of any
such Covered Software in Executable form as to how they can
obtain such Covered Software in Source Code form in a
reasonable manner on or through a medium customarily used
for software exchange.
3.2. Modifications.
The Modifications that You create or to which You
contribute are governed by the terms of this License. You
represent that You believe Your Modifications are Your
original creation(s) and/or You have sufficient rights to
grant the rights conveyed by this License.
![](/html/9b/9bbd/9bbd740c6ea9953fabfd9189f82a0fe86ff28c8224189452b7bfe8598d6b560d/bg12.png)
3.3. Required Notices.
You must include a notice in each of Your Modifications
that identifies You as the Contributor of the Modification.
You may not remove or alter any copyright, patent or
trademark notices contained within the Covered Software, or
any notices of licensing or any descriptive text giving
attribution to any Contributor or the Initial Developer.
3.4. Application of Additional Terms.
You may not offer or impose any terms on any Covered
Software in Source Code form that alters or restricts the
applicable version of this License or the recipients?
rights hereunder. You may choose to offer, and to charge a
fee for, warranty, support, indemnity or liability
obligations to one or more recipients of Covered Software.
However, you may do so only on Your own behalf, and not on
behalf of the Initial Developer or any Contributor. You
must make it absolutely clear that any such warranty,
support, indemnity or liability obligation is offered by
You alone, and You hereby agree to indemnify the Initial
Developer and every Contributor for any liability incurred
by the Initial Developer or such Contributor as a result of
warranty, support, indemnity or liability terms You offer.
![](/html/9b/9bbd/9bbd740c6ea9953fabfd9189f82a0fe86ff28c8224189452b7bfe8598d6b560d/bg13.png)
3.5. Distribution of Executable Versions.
You may distribute the Executable form of the Covered
Software under the terms of this License or under the terms
of a license of Your choice, which may contain terms
different from this License, provided that Yo u are in
compliance with the terms of this License and that the
license for the Executable form does not attempt to limit
or alter the recipient? rights in the Source Code form
from the rights set forth in this License. If You
distribute the Covered Software in Executable form under a
different license, You must make it absolutely clear that
any terms which differ from this License are offered by You
alone, not by the Initial Developer or Contributor. You
hereby agree to indemnify the Initial Developer and every
Contributor for any liability incurred by the Initial
Developer or such Contributor as a result of any such terms
You o f fer.
3.6. Larger Works.
You may create a Larger Work by combining Covered Software
with other code not governed by the terms of this License
and distribute the Larger Work as a single product. In such
![](/html/9b/9bbd/9bbd740c6ea9953fabfd9189f82a0fe86ff28c8224189452b7bfe8598d6b560d/bg14.png)
a case, You must make sure the requirements of this License
are fulfilled for the Covered Software.
4. Versions of the License.
4.1. New Versions.
Sun Microsystems, Inc. is the initial license steward and
may publish revised and/or new versions of this License
from time to time. Each version will be given a
distinguishing version number. Except as provided in
Section 4.3, no one other than the license steward has the
right to modify this License.
4.2. Effect of New Versions.
You may always continue to use, distribute or otherwise
make the Covered Software available under the terms of the
version of the License under which You originally received
the Covered Software. If the Initial Developer includes a
notice in the Original Software prohibiting it from being
distributed or otherwise made available under any
subsequent version of the License, You must distribute and
make the Covered Software available under the terms of the
version of the License under which You originally received
the Covered Software. Otherwise, You may also choose to
![](/html/9b/9bbd/9bbd740c6ea9953fabfd9189f82a0fe86ff28c8224189452b7bfe8598d6b560d/bg15.png)
use, distribute or otherwise make the Covered Software
available under the terms of any subsequent version of the
License published by the license steward.
4.3. Modified Versions.
When You are an Initial Developer and You want to create a
new license for Your Original Software, You may create and
use a modified version of this License if You: (a) rename
the license and remove any descriptions to the name of the
license steward (except to note that the license differs
from this License); and (b) otherwise make it clear that
the license contains terms which differ from this License.
5. DISCLAIMER OF WARRANTY.
COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS"
BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED
SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY
COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF
ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF
![](/html/9b/9bbd/9bbd740c6ea9953fabfd9189f82a0fe86ff28c8224189452b7bfe8598d6b560d/bg16.png)
WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
DISCLAIMER.
6. TERMINATION.
6.1. This License and the rights granted hereunder will
terminate automatically if You fail to comply with terms
herein and fail to cure such breach within 30 days of
becoming aware of the breach. Provisions which, by their
nature, must remain in effect beyond the termination of
this License shall survive.
6.2. If You assert a patent infringement claim (excluding
declaratory judgment actions) against Initial Developer or
a Contributor (the Initial Developer or Contributor against
whom You assert such claim is referred to as "Participant")
alleging that the Participant Software (meaning the
Contributor Version where the Participant is a Contributor
or the Original Software where the Participant is the
Initial Developer) directly or indirectly infringes any
patent, then any and all rights granted directly or
indirectly to You by such Participant, the Initial
Developer (if the Initial Developer is not the Participant)
and all Contributors under Sections 2.1 and/or 2.2 of this
License shall, upon 60 days notice from Participant
![](/html/9b/9bbd/9bbd740c6ea9953fabfd9189f82a0fe86ff28c8224189452b7bfe8598d6b560d/bg17.png)
terminate prospectively and automatically at the expiration
of such 60 day notice period, unless if within such 60 day
period You withdraw Your claim with respect to the
Participant Software against such Participant either
unilaterally or pursuant to a written agreement with
Participant.
6.3. In the event of termination under Sections 6.1 or 6.2
above, all end user licenses that have been validly granted
by You or any distributor hereunder prior to termination
(excluding licenses granted to You by any distributor)
shall survive termination.
7. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE
INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF
COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE
LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK
STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
![](/html/9b/9bbd/9bbd740c6ea9953fabfd9189f82a0fe86ff28c8224189452b7bfe8598d6b560d/bg18.png)
INJURY RESULTING FROM SUCH PARTY? NEGLIGENCE TO THE EXTENT
APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT
APPLY TO YOU.
8. U.S. GOVERNMENT END USERS.
The Covered Software is a "commercial item," as that term is
defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial
computer software" (as that term is defined at 48 C.F.R. ?
252.227-7014(a)(1)) and "commercial computer software
documentation" as such terms are used in 48 C.F.R. 12.212 (Sept.
1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1
through 227.7202-4 (June 1995), all U.S. Government End Users
acquire Covered Software with only those rights set forth herein.
This U.S. Government Rights clause is in lieu of, and supersedes,
any other FAR, DFAR, or other clause or provision that addresses
Government rights in computer software under this License.
9. MISCELLANEOUS.
This License represents the complete agreement concerning subject
matter hereof. If any provision of this License is held to be
unenforceable, such provision shall be reformed only to the
extent necessary to make it enforceable. This License shall be
![](/html/9b/9bbd/9bbd740c6ea9953fabfd9189f82a0fe86ff28c8224189452b7bfe8598d6b560d/bg19.png)
governed by the law of the jurisdiction specified in a notice
contained within the Original Software (except to the extent
applicable law, if any, provides otherwise), excluding such
jurisdiction? conflict-of-law provisions. Any litigation
relating to this License shall be subject to the jurisdiction of
the courts located in the jurisdiction and venue specified in a
notice contained within the Original Software, with the losing
party responsible for costs, including, without limitation, court
costs and reasonable attorneys?fees and expenses. The
application of the United Nations Convention on Contracts for the
International Sale of Goods is expressly excluded. Any law or
regulation which provides that the language of a contract shall
be construed against the drafter shall not apply to this License.
You agree that You alone are responsible for compliance with the
United States export administration regulations (and the export
control laws and regulation of any other countries) when You use,
distribute or otherwise make available any Covered Software.
10. RESPONSIBILITY FOR CLAIMS.
As between Initial Developer and the Contributors, each party is
responsible for claims and damages arising, directly or
indirectly, out of its utilization of rights under this License
and You agree to work with Initial Developer and Contributors to
distribute such responsibility on an equitable basis. Nothing
herein is intended or shall be deemed to constitute any admission
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of liability.
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Eclipse Public License -v 1.0
This product uses software program which is distributed under the EPL license.
EPL software source codes that have been used in this product can be provided after asking to
oss.request@samsung.com.
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE 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
![](/html/9b/9bbd/9bbd740c6ea9953fabfd9189f82a0fe86ff28c8224189452b7bfe8598d6b560d/bg1b.png)
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,
![](/html/9b/9bbd/9bbd740c6ea9953fabfd9189f82a0fe86ff28c8224189452b7bfe8598d6b560d/bg1c.png)
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 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
![](/html/9b/9bbd/9bbd740c6ea9953fabfd9189f82a0fe86ff28c8224189452b7bfe8598d6b560d/bg1d.png)
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,
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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,