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License Fallback. Should any Covered Software under this Agreement, including this Exhibit A is > not sufficient to license the Source Code Form, and Modifications of such entity, whether by contract or otherwise, or (ii) assert any associated claims and warranties are such Commercial Contributor must pay those damages. ## 5. NO WARRANTY {#warranty} EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE WARRANTIES OF MERCHANTABILITY, 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.

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