Samsung SCX-4725FN-XAA - Manual (Page 17)

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 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 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. IBM is the initial
Agreement Steward. IBM 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 version number. The