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BackServices; loss of data, programs or equipment, and unavailability or interruption of operations. ## 6. DISCLAIMER OF LIABILITY {#disclaimer} EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH THE USE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE IS PROVIDED BY THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, > INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; 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 OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR PERFORMANCE OF Copyright 2010-2020 Mike Bostock Permission to use, copy, modify, and/or distribute.
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