Samsung CLX-9201NA-XAA User Manual

Page 166

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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

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