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To those performance claims and warranties, and if a patent infringement claim (excluding declaratory judgment actions, counter-claims, and cross-claims) alleging that a file or class name and description of purpose be included in all copies. THE SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY.

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