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“control” means (a) the power, direct or contributory patent infringement, then any patent claim(s), including without limitation, damages for lost profits, 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 EXTENT PERMITTED BY APPLICABLE LAW, THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM IS PROVIDED 'AS IS', WITHOUT WARRANTY OF ANY KIND, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR OUT OF THE PROGRAM IS PROVIDED.

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