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ABBYY® FineReader PDF User’s Guide
which does not create potential liability for other Contributors. Therefore, if a Contributor includes the
Program in a commercial product offering, such Contributor ("Commercial Contributor") 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 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 Losses relating to any actual or
alleged intellectual property infringement. In order to qualify, an Indemnified Contributor must: a)
promptly notify the ommercial
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.
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 CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,