For example, a Contributor might include the Program in a commercial product offering, Product X. That Contributor isthen a Commercial Contributor. If that Commercial Contributor then makes performance claims, or offers warrantiesrelated 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 tothose 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 WARRANTYEXCEPT 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, WITHOUTLIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESSFOR A PARTICULAR PURPOSE. Each Recipient is solely responsible for determining the appropriateness of using anddistributing the Program and assumes all risks associated with its exercise of rights under this Agreement, including butnot 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 LIABILITYEXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALLHAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,SPECIAL, E X EMPL ARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS),HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE ORDISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OFTHE POSSIBILITY OF SUCH DAMAGES.7. GENERALIf any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity orenforceability of the remainder of the terms of this Agreement, and without further action by the parties hereto, suchprovision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.If Recipient institutes patent litigation against a Contributor with respect to a patent applicable to software (including across-claim or counterclaim in a lawsuit), then any patent licenses granted by that Contributor to such Recipient underthis Agreement shall terminate as of the date such litigation is filed. In addition, if Recipient institutes patent litigationagainst any entity(including a cross-claim or counterclaim in a lawsuit) alleging that the Program itself (excluding combinations of theProgram with other software or hardware)infringes such Recipient's patent(s), then such Recipient's rights granted under Section 2(b) shall terminate as of thedate such litigation is filed.All Recipient's rights under this Agreement shall terminate if it fails to comply with any of the material terms orconditions of this Agreement and does not cure such failure in a reasonable period of time after becoming aware of suchnoncompliance. If all Recipient's rights under this Agreement terminate,Recipient agrees to cease use and distribution of the Program as soon as reasonably practicable. However, Recipient'sobligations under this Agreement and any licenses granted by Recipient relating to the Program shall continue andsurvive.Ever yone is permitted to copy and distribute copies of this Agreement, but in order to avoid inconsistency theAgreement is copyrighted and may only be modified in the following manner. The Agreement Steward reserves the rightto publish new versions (including revisions) of this Agreement from time to time.No one other than the Agreement Steward has the right to modify this Agreement.IBM is the initial Agreement Steward. IBM may assign the responsibility to serve as the Agreement Steward to a suitableseparate entity. Each new version of the Agreement will be given a distinguishing version number. The Program(including Contributions) may always be distributed subject to the version of the Agreement under which it was received.In addition, after a new version of the Agreement is published, Contributor may elect to distribute the Program (includingits Contributions) under the new version. Except as expressly stated in Sections2(a) and 2(b) above, Recipient receives no rights or licenses to the intellectual property of any Contributor under thisAgreement, whether expressly, by implication, estoppel or otherwise. All rights in the Program not expressly grantedunder this Agreement are reserved.This Agreement is governed by the laws of the State of New York and the intellectual property laws of the United Statesof America. No party to this Agreement will bring a legal action under this Agreement more than one year after thecause of action arose. Each party waives its rights to a jury trial in any resulting litigation.Apache LicenseVersion 2.0, January 2004http://www.apache.org/licenses/TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION1. Definitions."License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through9 of this document."Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.