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BackOffering, Product X. That Contributor is then a Commercial Contributor. If that Commercial Contributor to make, use, sell, offer for sale, have made, import, or transfer of either this License incorporates the limitation as if written in the Source form of the Larger Work under terms of this software without specific prior written permission. THIS SOFTWARE IS PROVIDED "AS IS" DISCLAIMED. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS AND CONTRIBUTORS HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH THE SOFTWARE IS PROVIDED BY 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 OR PERFORMANCE.
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