the copyright license set forth in this Agreement.3. REQUIREMENTSA Contributor may choose to distribute the Program in object code form under its own license agreement, providedthat:a) it complies with the terms and conditions of this Agreement; andb) its license agreement:i) effectively disclaims on behalf of all Contributors all warranties and conditions, express and implied, includingwarranties or conditions of title and non-infringement, and implied warranties or conditions of merchantability andfitness 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 anyother party; andiv) states that source code for the Program is available from such Contributor, and informs licensees how to obtain itin 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; andb) a copy of this Agreement must be included with each copy of the Program.Contributors may not remove or alter any copyright notices contained within the Program.Each Contributor must identify itself as the originator of its Contribution, if any, in a manner that reasonably allowssubsequent Recipients to identify the originator of the Contribution.4. COMMERCIAL DISTRIBUTIONCommercial distributors of software may accept certain responsibilities with respect to end users, business partnersand the like. While this license is intended to facilitate the commercial use of the Program, the Contributor whoincludes the Program in a commercial product offering should do so in a manner which does not create potentialliability for other Contributors. Therefore, if a Contributor includes the Program in a commercial product offering, suchContributor ("Commercial Contributor") hereby agrees to defend and indemnify every other Contributor ("IndemnifiedContributor") against any losses, damages and costs (collectively "Losses") arising from claims, lawsuits and otherlegal actions brought by a third party against the Indemnified Contributor to the extent caused by the acts oromissions of such Commercial Contributor in connection with its distribution of the Program in a commercial productoffering. The obligations in this section do not apply to any claims or Losses relating to any actual or allegedintellectual property infringement. In order to qualify, an Indemnified Contributor must: a) promptly notify theCommercial Contributor in writing of such claim, and b) allow the Commercial Contributor to control, and cooperatewith the Commercial Contributor in, the defense and any related settlement negotiations. The Indemnified Contributormay 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 isthen a Commercial Contributor. If that Commercial Contributor then makes performance claims, or offers warrantiesrelated to Product X, those performance claims and warranties are such Commercial Contributor's responsibilityalone. Under this section, the Commercial Contributor would have to defend claims against the other Contributorsrelated to those performance claims and warranties, and if a court requires any other Contributor to pay any damagesas a result, the Commercial Contributor must pay those damages.5. NO WARRANTYEXCEPT 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, WITHOUTLIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY ORFITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely responsible for determining the appropriateness ofusing 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 lossof data, programs or equipment, and unavailability or interruption of operations.6. DISCLAIMER OF LIABILITYEXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALLHAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL