Lines Matching refs:and

10 …ase of the initial Contributor, the initial code and documentation distributed under this Agreemen…
13       i) changes to the Program, and
17 …where such changes and/or additions to the Program originate from and are distributed by that part…
19 of software distributed in conjunction with the Program under their own license agreement, and (ii)…
32 …ly perform, distribute and sublicense the Contribution of such Contributor, if any, and such deriv…
35 use, sell, offer to sell, import and otherwise transfer the Contribution of such Contributor, if an…
36 combination of the Contribution and the Program if, at the time the Contribution is added by the Co…
41 …tual property rights or otherwise. As a condition to exercising the rights and licenses granted he…
52       a) it complies with the terms and conditions of this Agreement; and
56 …f all Contributors all warranties and conditions, express and implied, including warranties or con…
57 and implied warranties or conditions of merchantability and fitness for a particular purpose;
59 …all liability for damages, including direct, indirect, special, incidental and consequential damag…
62 …ch differ from this Agreement are offered by that Contributor alone and not by any other party; and
64 …iv) states that source code for the Program is available from such Contributor, and informs licens…
69       a) it must be made available under this Agreement; and
80 …cept certain responsibilities with respect to end users, business partners and the like. While thi…
82 …product offering, such Contributor ("Commercial Contributor") hereby agrees to defend and indemnify
83 … Contributor") against any losses, damages and costs (collectively "Losses") arising from claims, …
86 …Commercial Contributor in writing of such claim, and b) allow the Commercial Contributor to contro…
87 with the Commercial Contributor in, the defense and any related settlement negotiations. The Indemn…
90 …laims, or offers warranties related to Product X, those performance claims and warranties are such…
91 …against the other Contributors related to those performance claims and warranties, and if a court …
98 determining the appropriateness of using and distributing the Program and assumes all risks associa…
99 the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, …
111 …t, and without further action by the parties hereto, such provision shall be reformed to the minim…
118 …s to comply with any of the material terms or conditions of this Agreement and does not cure such …
119 …ient's rights under this Agreement terminate, Recipient agrees to cease use and distribution of the
120 …'s obligations under this Agreement and any licenses granted by Recipient relating to the Program …
123 … is permitted to copy and distribute copies of this Agreement, but in order to avoid inconsistency…
128 version. Except as expressly stated in Sections 2(a) and 2(b) above, Recipient receives no rights o…
131 This Agreement is governed by the laws of the State of New York and the intellectual property laws …