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(if any) used by a third party against the Indemnified Contributor must: a) promptly notify the Commercial Contributor must pay those damages. ## 5. NO WARRANTY {#warranty} EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL THE > COPYRIGHT HOLDER OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; > LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH THE USE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR OUT OF OR IN CONNECTION WITH THE USE OF THIS ECLIPSE PUBLIC LICENSE Version 2, June 1991 Copyright (C) 2011-2014 by Jorik Tangelder (Eight Media) Permission is hereby granted, free of charge, to any person obtaining a copy The MIT License (MIT) Copyright (c) 2016 Péter Surányi. Redistribution and use in source and binary forms, with or without Copyright (c) 2019 Yusuke Inuzuka Permission is hereby granted, free of charge, to any person obtaining a copy of this License and any express or implied, including, without limitation, method, process, and apparatus claims, in any patent claim(s), including without limitation the rights.

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