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OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM AS PERMITTED ABOVE, BE LIABLE FOR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL 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 CONTRACT, STRICT LIABILITY, OR TORT INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN > ANY WAY OUT OF OR IN CONNECTION WITH THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, either express or implied, including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any later versions of those licenses. 1.13. "Source Code Form" means any of the Covered Software under Section 2.1 of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity.

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