16.0

118
ABBYY® FineReader PDF User’s Guide
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 any other party; and
iv) states that source code for the Program is available from such Contributor, 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 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 allows subsequent Recipients to identify 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 license 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 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