Jung Smart Visu Server Produktdokumentation Seite 148

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 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
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