Buderus Logamatic TC100 Installations- Und Bedienungsanleitungen Seite 13

sed 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 intel-
lectual property rights needed, if any. For example, if a third party patent
license is required to allow Recipient to distribute the Program, it is Reci-
pient's responsibility to acquire that license before distributing the Pro-
gram.
d) Each Contributor represents that to its knowledge it has sufficient co-
pyright 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 mer-
chantability and fitness for a particular purpose;
ii) effectively excludes on behalf of all Contributors all liability for dama-
ges, including direct, indirect, special, incidental and consequential da-
mages, such as lost profits;
iii) states that any provisions which differ from this Agreement are offe-
red by that Contributor alone and not by any other party; and
iv) states that source code for the Program is available from such Contri-
butor, 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 Pro-
gram.
Contributors may not remove or alter any copyright notices contained
within the Program.
Each Contributor must identify itself as the originator of itsContribution,
if any, in a manner that reasonably allows subsequent Recipients to iden-
tify 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 li-
cense 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 ot-
her Contributors. Therefore, if a Contributor includes the Program in a
commercial product offering, such Contributor ("Commercial Contribu-
tor") hereby agrees to defend and indemnify every other Contributor
("Indemnified Contributor") against any losses, damages and costs (col-
lectively "Losses") arising from claims, lawsuits and other legal actions
brought by a third party against the Indemnified Contributor to the ex-
tent 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 Los-
ses 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 Com-
mercial Contributor 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 ex-
pense.
For example, a Contributor might include the Program in a commercial
product offering, Product X. That Contributor is then a Commercial Con-
tributor. If that Commercial Contributor then makes performance
claims, or offers warranties related to Product X, those performance
Logamatic TC100 – 6720889235 (2020/03)
claims and warranties are such Commercial Contributor's responsibility
alone. Under this section, the Commercial Contributor would have to de-
fend 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 PRO-
GRAM 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 PARTICU-
LAR 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 , inclu-
ding 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 RE-
CIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CON-
SEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PRO-
FITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEG-
LIGENCE 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 appli-
cable 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 necessa-
ry to make such provision valid and enforceable.
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 hard-
ware) 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 beco-
ming aware of such noncompliance. If all Recipient's rights under this Ag-
reement terminate, Recipient agrees to cease use and distribution of the
Program as soon as reasonably practicable. However, Recipient's obliga-
tions under this Agreement and any licenses granted by Recipient rela-
ting 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 Agreement Steward
reserves the right to publish new versions (including revisions) of this
Agreement from time to time. No one other than the Agreement Steward
has the right to modify this Agreement. The Eclipse Foundation is the in-
itial Agreement Steward. The Eclipse Foundation may assign the respon-
sibility to serve as the Agreement Steward to a suitable separate entity.
Each new version of the Agreement will be given a distinguishing version
number. The Program (including Contributions) may always be distribu-
ted subject to the version of the Agreement under which it was received.
In addition, after a new version of the Agreement is published, Contribu-
tor may elect to distribute the Program (including its Contributions) un-
der the new version. Except as expressly stated in Sections 2(a) and
2(b) above, Recipient receives no rights or licenses to the intellectual
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