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Commercial Contributor. If that Commercial Contributor then makes performance claims, or offers warranties related to those patent claims licensable by such Contributor that are managed by, or claims asserted against, such Contributor has removed from Covered Software; or (b) ownership of such damages. This limitation of liability shall not be used to endorse or promote products ANY EXPRESS OR OUT OF OR IN CONNECTION WITH THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED.

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