"Contributor" means any person or entity that distributes the Program.
"Licensed Patents" mean patent claims licensable by a Contributor
which are necessarily infringed by the use or sale of its Contribution
alone or when combined with the Program.
"Program" means the Contributions distributed in accordance with this
Agreement.
"Recipient" means anyone who receives the Program under this Agree-
ment, including all Contributors.
2. Grant of rights.
a) Subject to the terms of this Agreement, each Contributor hereby
grants Recipient a non-exclusive, worldwide, royalty-free copyright
license to reproduce, prepare derivative works of, publicly display, publi-
cly perform, distribute and sublicense the Contribution of such Contri-
butor, if any, and such derivative works, in source code and object code
form.
b) Subject to the terms of this Agreement, each Contributor hereby
grants Recipient a non-exclusive, worldwide, royalty-free patent license
under Licensed Patents to make, use, sell, offer to sell, import and
otherwise transfer the Contribution of such Contributor, if any, in source
code and object code form. This patent license shall apply to the combi-
nation of the Contribution and the Program if, at the time the Contribu-
tion is added by the Contributor, such addition of the Contribution
causes such combination to be covered by the Licensed Patents. The
patent license shall not apply to any other combinations which include
the Contribution. No hardware per se is licensed hereunder.
c) Recipient understands that although each Contributor grants the
licenses to its Contributions set forth herein, no assurances are provided
by any Contributor that the Program does not infringe the patent or other
intellectual property rights of any other entity. Each Contributor disc-
laims any liability to Recipient for claims brought by any other entity
based on infringement of intellectual property rights or otherwise. As a
condition to exercising the rights and licenses granted hereunder, each
Recipient hereby assumes sole responsibility to secure any other inte-
llectual property rights needed, if any. For example, if a third party
patent license is required to allow Recipient to distribute the Program, it
is Recipient's responsibility to acquire that license before distributing
the Program.
d) Each Contributor represents that to its knowledge it has sufficient
copyright rights in its Contribution, if any, to grant the copyright license
set forth in this Agreement.
3. Requirements.
A Contributor may choose to distribute the Program in object code form
under its own license agreement, provided that:
a) it complies with the terms and conditions of this Agreement; and
b) its license agreement:
i) effectively disclaims on behalf of all Contributors all warranties and
conditions, express and implied, including warranties or conditions of
title and non-infringement, and implied warranties or conditions of mer-
chantability and fitness for a particular purpose;
ii) effectively excludes on behalf of all Contributors all liability for dama-
ges, including direct, indirect, special, incidental and consequential
damages, such as lost profits;
iii) states that any provisions which differ from this Agreement are offe-
red by that Contributor alone and not by any other party; and
iv) states that source code for the Program is available from such Contri-
butor, and informs licensees how to obtain it in a reasonable manner on
or through a medium customarily used for software exchange.
When the Program is made available in source code form:
a) it must be made available under this Agreement; and
b) a copy of this Agreement must be included with each copy of the Pro-
gram.
EasyControl – 6720884206 (2020/03)
Contributors may not remove or alter any copyright notices contained
within the Program.
Each Contributor must identify itself as the originator of itsContribution,
if any, in a manner that reasonably allows subsequent Recipients to iden-
tify 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 Contribu-
tor") 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 Contribu-
tor 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 Con-
tributor. 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 perfor-
mance claims and warranties, and if a court requires any other Contribu-
tor 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 PRO-
GRAM 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 PARTICU-
LAR 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 , inclu-
ding 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.
6. Disclaimer of liability.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER
RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CON-
SEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PRO-
FITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY
RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
7. General.
If any provision of this Agreement is invalid or unenforceable under appli-
cable law, it shall not affect the validity or enforceability of the remainder
of the terms of this Agreement, and without further action by the parties
Anexo
13