Samsung CLX-9201NA-XAA User Manual

Page 37

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The patent license shall not apply to any other combinations which include the Contribution. No hardware per se

is licensed hereunder.

c) Recipient understands that although each Contributor grants the licenses to its Contributions set forth herein,

no assurances are provided by any Contributor that the Program does not infringe the patent or other intellectual

property rights of any other entity. Each Contributor disclaims any liability to Recipient for claims brought by any

other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the

rights and licenses granted hereunder, each Recipient hereby assumes sole responsibility to secure any other

intellectual property rights needed, if any. For example, if a third party patent license is required to allow

Recipient to distribute the Program, it is Recipient's responsibility to acquire that license before distributing the

Program.

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 object code form under its own license agreement,

provided that:

a) it complies with the terms and conditions of this Agreement; and

b) its license agreement:

i) effectively disclaims on behalf of all Contributors all warranties and conditions, express and implied, including

warranties or conditions of title and non-infringement, and implied warranties or conditions of merchantability

and fitness for a particular purpose;

ii) effectively excludes on behalf of all Contributors all liability for damages, including direct, indirect, special,

incidental and consequential damages, such as lost profits;

iii) states that any provisions which differ from this Agreement are offered by that Contributor alone and not by

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