A. Are we required to fulfill 3.6 (Distribution of Executable Versions)?
Are you "distribut[ing] Covered Code in Executable form"? :-) I would say you are, and so then yes.
Does this include its reference to 3.2 (Availability of Source Code)?
You must make sure these requirements have been met; you do not necessarily need to meet them yourself if they don't apply. For example, if you are not making Modifications, then 3.2 and 3.3 don't have relevance to you.
As I said, we did not produce the executable, we only downloaded it from the producer's site. (Complying would not be simple under our circumstances.)
You need to include a notice, as outlined in 3.6, saying where to get the source code for the version you are distributing.
B. Does section 12 (Responsibility for Claims) apply to us?
Yes. As far as I can see, this means that if you get sued because the code breaks someone's machine, and your license for the executable version (see 3.6 regarding differing licenses for source and exe) doesn't disclaim responsibility effectively, you may be responsible if it's your fault - you can't palm it off on the Initial Developer unless it's their fault.
I appreciate your making the source code available.
Thank the Saxon people, not us :-)
Gerv
