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5. DISCLAIMER OF WARRANTY:
THE SOFTWARE
IS DEEMED ACCEPTED BY LICENSEE UPON IT’S
USE BY LICENSEE.
THE
SOFTWARE IS PROVIDED TO LICENSEE AS IS, WITHOUT
WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMIT-
TED BY APPLICABLE LAW. LICENSOR FURTHER DISCLAIMS ALL
WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICU-
LAR PURPOSE, AND NON INFRINGEMENT. THE ENTIRE RISK
ARISING OUT OF THE USE OR PERFORMANCE OF THE PRODUCT
AND DOCUMENTATION REMAINS WITH LICENSEE. IN NO EVENT
SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY CON-
SEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNI-
TIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT
LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSI-
NESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR
OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT
OR THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF
LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. LICENSOR DOES NOT WARRANT THAT THE SOFT-
WARE DOES NOT INCLUDE ANY VIRUS OR DEFECTS, THE SOFT-
WARE ROUTINE OR OTHER SOFTWARE DESIGNED TO RESTRICT
UNAUTHORIZED ACCESS; OR TO DISABLE, ERASE OR OTHER-
WISE HARM THE SOFTWARE, HARDWARE, OR DATA; OR TO
PERFORM ANY OTHER SUCH ACTIONS AND LICENSOR HEREBY
EXPRESSLY DISCLAIMS ANY AND ALL LIABILITIES TO RESTORE
ANY SUCH DEFECTS.