Buderus EM100 Installationsanleitung Seite 81

4. COMMERCIAL DISTRIBUTION
Commercial distributors of software may accept certain re-
sponsibilities 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 inclu-
des 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 Contri-
butor ("Commercial Contributor") hereby agrees to defend
and indemnify every other Contributor ("Indemnified Con-
tributor") against any losses, damages and costs (collecti-
vely "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 distri-
bution 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 Contribu-
tor must: a) promptly notify the Commercial Contributor in
writing of such claim, and b) allow the Commercial Contri-
butor to control, and cooperate with the Commercial Con-
tributor 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 Con-
tributor then makes performance claims, or offers warran-
ties related to Product X, those performance claims and
warranties are such Commercial Contributor's responsibili-
ty 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 da-
mages.
5. NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT,
THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WIT-
HOUT WARRANTIES OR CONDITIONS OF ANY KIND, EI-
THER 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 re-
sponsible 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,
EM100 – 6721804147 (2019/10)
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, INCI-
DENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DA-
MAGES (INCLUDING WITHOUT LIMITATION LOST
PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR
TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARI-
SING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF
THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRAN-
TED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
7. GENERAL
If any provision of this Agreement is invalid or unenforcea-
ble under applicable law, it shall not affect the validity or en-
forceability of the remainder of the terms of this
Agreement, and without further action by the parties her-
eto, such provision shall be reformed to the minimum ex-
tent necessary to make such provision valid and
enforceable.
If Recipient institutes patent litigation against any entity (in-
cluding a cross-claim or counterclaim in a lawsuit) alleging
that the Program itself (excluding combinations of the Pro-
gram with other software or hardware) infringes such Reci-
pient's patent(s), then such Recipient's rights granted
under Section 2(b) shall terminate as of the date such liti-
gation is filed.
All Recipient's rights under this Agreement shall terminate
if it fails to comply with any of the material terms or conditi-
ons 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 Agree-
ment terminate, Recipient agrees to cease use and distribu-
tion 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 Agree-
ment is copyrighted and may only be modified in the follo-
wing manner. The Agreement Steward reserves the right to
publish new versions (including revisions) of this Agree-
ment from time to time. No one other than the Agreement
Steward has the right to modify this Agreement. The Eclip-
se Foundation is the initial Agreement Steward. The Eclipse
Foundation may assign the responsibility to serve as the
Agreement Steward to a suitable separate entity. Each new
version of the Agreement will be given a distinguishing ver-
sion number. The Program (including Contributions) may
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