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BackOperations. ## 6. DISCLAIMER OF LIABILITY {#disclaimer} EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF DATA OR PROFITS, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF THE USE OF THIS ECLIPSE PUBLIC LICENSE (“AGREEMENT”). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS.