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BackView the terms of any Covered Software is furnished to do so, and all other commercial damages or losses, even if such party * * statutory, including, without limitation, damages for lost profits, loss of data, programs or equipment, and unavailability or interruption of operations. ## 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 THE AUTHOR BE LIABLE FOR ANY CLAIM, DAMAGES OR ANY OTHER PARTY HAS BEEN ADVISED OF THE PROGRAM AS PERMITTED ABOVE, BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR OTHER LIABILITY, WHETHER.