Samsung CLX-4195FN-XAA User Manual

Page 39

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iii) states that any provisions which differ from this Agreement 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 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

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