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
disclaims 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
intellectual 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 merchantability
and fitness for a particular purpose;
ii) effectively excludes on behalf of all Contributors all liability for damages, including direct, indirect, special,
incidental and consequential damages, such as lost profits;
iii) states that any provisions which differ from this Agreement are offered by that Contributor alone and not by
