Cisco Cisco IPICS Release 2.1 Licensing Information

 

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 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.