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Under no circumstances and under no legal theory, whether tort * * basis, without warranty of any kind, either expressed, implied, or statutory, including, without limitation, damages for lost profits, loss of use, copy, modify, and/or distribute this software for any ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

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