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This agreement governs how our source = code may be used.
This is a supplement to other STAGIL Agreements (the =E2=80=9CAgre= ement=E2=80=9D) and is included in the Agreement. Any capitalized te= rms used but not defined below have the meanings in the Agreement. The Prod= ucts contain code and libraries that we license from third parties. Some of= these licenses require us to flow certain terms down to you.
STAGIL Products include components= subject to the terms and conditions of =E2=80=9Copen source=E2=80=9D softw= are licenses. To the extent applicable, we will identify open source softwa= re included in a Product in or through the Product itself. Some of these li= censes require us to provide the open source software to you on the terms o= f the open source license instead of the terms of the Agreement. In that ca= se, the terms of the open source license will apply, and you will have the = rights granted in such licenses to the open source software itself, such as= access to source code, right to make modifications, and right to reverse e= ngineer. Notwithstanding the foregoing, if you are using the Products in th= e form provided to you, in accordance with your permitted Scope of Use, wit= h no distribution of software to third parties, then none of these open sou= rce licenses impose any obligations on you beyond what is stated in the Agr= eement.
A requirement of some open source licenses, sometimes know= n as =E2=80=9Ccopyleft licenses,=E2=80=9D is that any modifications to the = open source software, or combinations of the open source software with othe= r software (such as by linking), must be made available in source code form= under the terms of the copyleft license. Examples of copyleft licenses inc= lude the GPL or LGPL, Affero, CPL, CDDL, Eclipse or Mozilla licenses. To th= e extent you are separately authorized by STAGIL to combine and distribute = Products with any other code, you must make sure that your use does not: (i= ) impose, or give the appearance of imposing, any condition or obligation o= n us with respect to our Products (including, without limitation, any oblig= ation to distribute our Products under an open source license); or (ii) gra= nt, or appear to grant, to any third party any rights to or immunities unde= r our intellectual property or proprietary rights in our Products. To be cl= ear, you may not combine or otherwise modify our Products unless we express= ly give you the right to do so under this Agreement.
3.1 The Pro= ducts also include components that we license commercially from third parti= es (=E2=80=9CCommercial Compon= ents=E2=80=9D). For the avoida= nce of doubt, all of the restrictions for the Products in the Agreement als= o apply to Commercial Components. Commercial Components are also subject to= some additional requirements as set forth below.
3.2 You may= use Commercial Components only in conjunction with, as part of, and throug= h the Products as provided by STAGIL. You may not install, access, configur= e or use any Commercial Components (including any APIs, tools, databases or= other aspects any Commercial Components) separately or independently of th= e rest of the Product, whether for production, technical support or any oth= er purposes, or otherwise attempt to gain direct access to any portions of = the Commercial Components, or permit anyone else (including your customers)= to do any of these things.
3.3 Some Co= mmercial Components may include source code that is provided as part of its= standard shipment. Commercial Component source code will be governed by th= e terms for Commercial Components in this supplement and not the provisions= in Section 6.4 (=E2=80=9CYour= Modifications=E2=80=9D) of th= e Agreement. Accordingly, notwithstanding any other terms of the Agreement,= you may not modify any Commercial Components. You will be financially resp= onsible to the applicable third party licensor ("Commercial Component Licensor") for all damages and losses resulting from your or your= Authorized User=E2=80=99s breach of this Section. You may not =E2=80=9Cben= chmark=E2=80=9D or otherwise analyze performance information for individual= Commercial Component elements.
3.4 You und= erstand that the applicable Commercial Component Licensor retains all owner= ship and intellectual property rights to the Commercial Component. Commerci= al Component Licensors (and any other third party licensors of any componen= ts of the Products) are intended third party beneficiaries of the Agreement= with respect to the items they license and may enforce the Agreement direc= tly against you. However, to be clear, Commercial Component Licensors do no= t assume any of STAGIL's obligations under the Agreement.