Cisco Cisco IPICS Dispatch Console Licensing Information

  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 Contributor 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 commercial 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 Indemnified 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 Contributor 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 Contributor'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 INCLUDING, WITHOUT LIMITATION, ANY

  WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY

  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