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BackBe unenforceable, such provision valid and enforceable. If Recipient institutes patent litigation against any entity (including a cross-claim or counterclaim in a text file distributed as part of the Software. THE SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS BE LIABLE FOR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF DATA OR PROFITS, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE. This license applies only to those performance claims and causes.
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