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NO WARRANTY. THIS SOFTWARE IS LICENSED TO YOU “AS IS,” AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AUTHOR DOES NOT WARRANT THAT THIS SOFTWARE DOES NOT INFRINGE ANY RIGHTS OF THIRD PARTIES.

LIMITATION OF LIABILITY. AUTHOR grants the license to the SOFTWARE hereunder and the END USER accepts the use hereof on an “AS IS” and “WITH ALL FAULTS” basis. Furthermore, the END USER understands and agrees that IN NO EVENT WILL AUTHOR OR ANY OF ITS SUPPLIERS BE LIABLE TO LICENSEE FOR SPECIAL OR CONSEQUENTIAL DAMAGES which might arise out of or in connection with the performance or non-performance of this Agreement or of the SOFTWARE hereunder, even if AUTHOR has been advised of the possibility of such damages, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS due to errors, inaccuracies, omissions, incompleteness or insufficiency of the SOFTWARE or materials, nor for the usefulness of the SOFTWARE to the END USER. In no event shall AUTHOR liability related to any of the SOFTWARE exceed the license fees, if any, actually paid by you for the SOFTWARE. AUTHOR shall not be liable for any damages whatsoever arising out of or related to the use of or inability to use the SOFTWARE, including but not limited to direct, indirect, special, incidental, or consequential damages.