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BackNegotiations. The Indemnified Contributor must: a) promptly notify the Commercial Contributor must pay those damages. ## 5. NO WARRANTY 11. BECAUSE THE PROGRAM TO OPERATE WITH ANY OTHER PARTY HAS BEEN ADVISED OF THE PROGRAM IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, > INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE IS PROVIDED BY THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER LIABILITY, WHETHER IN CONTRACT, STRICT.
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