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12 a) in the case of the initial Contributor, the initial code and
15 b) in the case of each subsequent Contributor:
22 are distributed by that particular Contributor. A Contribution
23 'originates' from a Contributor if it was added to the Program by such
24 Contributor itself or anyone acting on such Contributor's behalf.
30 "Contributor" means any person or entity that distributes the Program.
32 "Licensed Patents" mean patent claims licensable by a Contributor which
44 a) Subject to the terms of this Agreement, each Contributor hereby
48 Contributor, if any, and such derivative works, in source code and
51 b) Subject to the terms of this Agreement, each Contributor hereby
54 otherwise transfer the Contribution of such Contributor, if any, in
57 Contribution is added by the Contributor, such addition of the
62 c) Recipient understands that although each Contributor grants the
64 provided by any Contributor that the Program does not infringe the
66 Contributor disclaims any liability to Recipient for claims brought by
75 d) Each Contributor represents that to its knowledge it has sufficient
81 A Contributor may choose to distribute the Program in object code form
98 offered by that Contributor alone and not by any other party; and
101 Contributor, and informs licensees how to obtain it in a reasonable
113 Each Contributor must identify itself as the originator of its
122 Contributor who includes the Program in a commercial product offering
124 other Contributors. Therefore, if a Contributor includes the Program in
125 a commercial product offering, such Contributor ("Commercial
126 Contributor") hereby agrees to defend and indemnify every other
127 Contributor ("Indemnified Contributor") against any losses, damages and
130 Contributor to the extent caused by the acts or omissions of such
131 Commercial Contributor in connection with its distribution of the
135 Indemnified Contributor must: a) promptly notify the Commercial
136 Contributor in writing of such claim, and b) allow the Commercial
137 Contributor to control, and cooperate with the Commercial Contributor
139 Contributor may participate in any such claim at its own expense.
141 For example, a Contributor might include the Program in a commercial
142 product offering, Product X. That Contributor is then a Commercial
143 Contributor. If that Commercial Contributor then makes performance
145 claims and warranties are such Commercial Contributor's responsibility
146 alone. Under this section, the Commercial Contributor would have to
149 Contributor to pay any damages as a result, the Commercial Contributor
212 published, Contributor may elect to distribute the Program (including
215 to the intellectual property of any Contributor under this Agreement,