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82       a) in the case of the initial Contributor, the initial code and
84 b) in the case of each subsequent Contributor:
91 from and are distributed by that particular Contributor. A
92 Contribution 'originates' from a Contributor if it was added to
93 the Program by such Contributor itself or anyone acting on such
94 Contributor's behalf. Contributions do not include additions to
100 "Contributor" means any person or entity that distributes the Program.
102 "Licensed Patents " mean patent claims licensable by a Contributor
114 a) Subject to the terms of this Agreement, each Contributor
118 the Contribution of such Contributor, if any, and such
121 b) Subject to the terms of this Agreement, each Contributor
125 Contributor, if any, in source code and object code form. This
128 added by the Contributor, such addition of the Contribution
134 c) Recipient understands that although each Contributor grants
136 assurances are provided by any Contributor that the Program does
138 any other entity. Each Contributor disclaims any liability to
149 d) Each Contributor represents that to its knowledge it has
155 A Contributor may choose to distribute the Program in object code form
173 are offered by that Contributor alone and not by any other
177 such Contributor, and informs licensees how to obtain it in a
191 Each Contributor must identify itself as the originator of its
200 of the Program, the Contributor who includes the Program in a
203 Contributor includes the Program in a commercial product offering,
204 such Contributor ("Commercial Contributor") hereby agrees to defend
205 and indemnify every other Contributor ("Indemnified Contributor")
208 against the Indemnified Contributor to the extent caused by the acts
209 or omissions of such Commercial Contributor in connection with its
213 In order to qualify, an Indemnified Contributor must: a) promptly
214 notify the Commercial Contributor in writing of such claim, and b)
215 allow the Commercial Contributor to control, and cooperate with the
216 Commercial Contributor in, the defense and any related settlement
217 negotiations. The Indemnified Contributor may participate in any such
220 For example, a Contributor might include the Program in a commercial
221 product offering, Product X. That Contributor is then a Commercial
222 Contributor. If that Commercial Contributor then makes performance
224 claims and warranties are such Commercial Contributor's responsibility
225 alone. Under this section, the Commercial Contributor would have to
228 Contributor to pay any damages as a result, the Commercial Contributor
264 If Recipient institutes patent litigation against a Contributor with
267 Contributor to such Recipient under this Agreement shall terminate as
297 after a new version of the Agreement is published, Contributor may
301 property of any Contributor under this Agreement, whether expressly,