Konica Minolta bizhub PRESS C7000P - Manual (Page 76)

bizhub PRESS C8000/C7000/C7000P/C6000/C70hc & bizhub PRO C6000L & IC-601 1-75
1.3 SOFTWARE LICENSE AGREEMENT 1
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 Con-
tributor 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 commer-
cial 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 Indemni-
fied 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 Con-
tributor 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 Con-
tributor'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 INCLUD-
ING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MER-
CHANTABILITY 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 CONTRIBU-
TORS 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 va-
lidity or enforceability of the remainder of the terms of this Agreement, and without further action by the par-
ties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid
and enforceable.
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) in-
fringes 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 obliga-
tions 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. The Eclipse Foundation is the initial
Agreement Steward. The Eclipse Foundation may assign the responsibility to serve as the Agreement Stew-
ard 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 Agree-
ment 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, by implication, estoppel or otherwise. All rights in
the Program not expressly granted under this Agreement are reserved.