Samsung CLX-4195FN User Manual download pdf (Page 167)

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.

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Samsung CLX-4195FN User Manual Page 167