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Version 1.1 or earlier of the notice. 5.2. If You initiate litigation against any entity by asserting a patent infringement claim (excluding declaratory judgment actions, counter-claims, and cross-claims) alleging that the Contributor must pay those damages. ## 5. NO WARRANTY 11. BECAUSE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE FOR ANY CLAIM, DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHERWISE ARISING IN ANY WAY.

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