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15 a) in the case of the initial Contributor, the initial code and
17 b) in the case of each subsequent Contributor:
24 are distributed by that particular Contributor. A Contribution
25 'originates' from a Contributor if it was added to the Program by such
26 Contributor itself or anyone acting on such Contributor's behalf.
32 "Contributor" means any person or entity that distributes the Program.
34 "Licensed Patents " mean patent claims licensable by a Contributor which
46 a) Subject to the terms of this Agreement, each Contributor hereby
50 Contributor, if any, and such derivative works, in source code and
53 b) Subject to the terms of this Agreement, each Contributor hereby
56 otherwise transfer the Contribution of such Contributor, if any, in
59 Contribution is added by the Contributor, such addition of the
64 c) Recipient understands that although each Contributor grants the
66 provided by any Contributor that the Program does not infringe the
68 Contributor disclaims any liability to Recipient for claims brought by
77 d) Each Contributor represents that to its knowledge it has sufficient
83 A Contributor may choose to distribute the Program in object code form
100 offered by that Contributor alone and not by any other party; and
103 Contributor, and informs licensees how to obtain it in a reasonable
115 Each Contributor must identify itself as the originator of its
124 Contributor who includes the Program in a commercial product offering
126 other Contributors. Therefore, if a Contributor includes the Program in
127 a commercial product offering, such Contributor ("Commercial
128 Contributor") hereby agrees to defend and indemnify every other
129 Contributor ("Indemnified Contributor") against any losses, damages and
132 Contributor to the extent caused by the acts or omissions of such
133 Commercial Contributor in connection with its distribution of the
137 Indemnified Contributor must: a) promptly notify the Commercial
138 Contributor in writing of such claim, and b) allow the Commercial
139 Contributor to control, and cooperate with the Commercial Contributor
141 Contributor may participate in any such claim at its own expense.
143 For example, a Contributor might include the Program in a commercial
144 product offering, Product X. That Contributor is then a Commercial
145 Contributor. If that Commercial Contributor then makes performance
147 claims and warranties are such Commercial Contributor's responsibility
148 alone. Under this section, the Commercial Contributor would have to
151 Contributor to pay any damages as a result, the Commercial Contributor
214 published, Contributor may elect to distribute the Program (including
217 to the intellectual property of any Contributor under this Agreement,