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BackSe is c\) Recipient understands that although each Contributor provides its Contributions) on an ongoing basis, 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 FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN CONTRACT, STRICT > LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OF THIS AGREEMENT. ## 1. DEFINITIONS “Contribution” means: - a\) the Program.
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