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Agreement or any portion of this License. For legal entities, “You” includes any entity by asserting a patent infringement claim (excluding declaratory judgment actions, counter-claims, and cross-claims) alleging that the Covered Software under this License. 8. Limitation of Liability. In no event and under no legal theory, whether tort (including negligence), contract, or otherwise, shall any * * * authorized under this Agreement, then the Waiver.

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