Buderus EM100 Notice D'installation Pour Le Professionnel page 61

d) Each Contributor represents that to its knowledge it has
sufficient copyright 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 ob-
ject code form under its own license agreement, provided
that:
a) it complies with the terms and conditions of this Agree-
ment; and
b) its license agreement:
i) effectively disclaims on behalf of all Contributors all war-
ranties and conditions, express and implied, including war-
ranties or conditions of title and non-infringement, and
implied warranties or conditions of merchantability and fit-
ness for a particular purpose;
ii) effectively excludes on behalf of all Contributors all liabi-
lity fordamages, including direct, indirect, special, inciden-
tal and consequential damages, such as lost profits;
iii) states that any provisions which differ from this Agree-
ment are offered by that Contributor alone and not by any
other party; and
iv) 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) a 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 Con-
tribution.
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 (collec-
tively "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-
EM100 – 6720891034 (2019/04)
Appendix - License text incl. Copyright information
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, EIT-
HER 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,
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.
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