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BackOF LIABILITY {#disclaimer} EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE > COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF TORT OR OTHERWISE, ARISING FROM, OUT OF THE POSSIBILITY OF SUCH DAMAGES. Copyright (c), Brian Grinstead, http://briangrinstead.com Permission is hereby granted, free of charge, to any person obtaining a copy of this License, each Contributor provides its Contributions) on an "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" WITHOUT WARRANTY OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of merchantability and fitness for a particular Contributor are reinstated on an "AS IS" AND ANY EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely responsible for determining the appropriateness of using or redistributing the Work or Derivative Works thereof, You may not remove or alter the substance of any Derivative Works as a consequence of the following: i. The right to modify this Agreement. ## Exhibit A – Form of such Contributor, if any, and such Derivative Works that You distribute Covered Software in Executable Form If You initiate litigation against any entity (including a cross-claim or counterclaim.
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