ProSoft Technology MVI56E-LDM - Manual (Page 247)

ControlLogix Platform ♦ "C" Programmable Support, Service & Warranty
Linux Application Development Module Developer's Manual
ProSoft Technology, Inc. Page 241 of 264
March 12, 2014
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
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.