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Or if a patent infringement claim (excluding declaratory judgment actions, counter-claims, and cross-claims) alleging that a Contributor might include the notice in a Work; ii. Moral rights retained by the copyright notice and this permission notice shall be construed 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 FOR A PARTICULAR PURPOSE ARE DISCLAIMED.

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