Samsung CLP-620ND - Инструкция (Страница 18)

License Information_ 18
• states that any provisions which differ from this Agreement are offered by that Contributor alone and not by
any other party; and
• 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. ia 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 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 Program (including
Contributions) may always be distributed subject to the version of the Agreement under which it was received. In
addition, after a new version of the Agreement is published, Contributor may elect to distribute the Program (including
its Contributions) under the new version. Except as expressly stated in Sections 2(a) and 2(b) above, Recipient
receives no rights or licenses to the intellectual property of any Contributor under this Agreement, whether expressly,