Handleiding Bosch EasyControl CT200B - 2020 (pagina 13 van 16) (Nederlands)

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Appendix

EasyControl – 6720884198 (2020/03)

"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 alo-

ne 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 li-

cense to reproduce, prepare derivative works of, publicly display, publi-

cly perform, distribute and sublicense the Contribution of such

Contributor, 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 other-

wise transfer the Contribution of such Contributor, if any, in source code

and object code form. This patent license shall apply to the combination

of the Contribution and the Program if, at the time the Contribution is ad-

ded 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 Contributi-

on. No hardware per se is licensed hereunder.

c) Recipient understands that although each Contributor grants the li-

censes 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 dis-

claims any liability to Recipient for claims brought by any other entity ba-

sed 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 intel-

lectual property rights needed, if any. For example, if a third party patent

license is required to allow Recipient to distribute the Program, it is Reci-

pient's responsibility to acquire that license before distributing the Pro-

gram.

d) Each Contributor represents that to its knowledge it has sufficient co-

pyright 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 da-

mages, 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.

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 li-

cense 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 (col-

lectively "Losses") arising from claims, lawsuits and other legal actions

brought by a third party against the Indemnified Contributor to the ex-

tent 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 Los-

ses 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 Com-

mercial Contributor to control, and cooperate with the Commercial Con-

tributor in, the defense and any related settlement negotiations. The

Indemnified Contributor may participate in any such claim at its own ex-

pense.

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 de-

fend 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 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 RE-

CIPIENT 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 NE-

GLIGENCE 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

Bosch EasyControl CT200B - 2020 Handleiding

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