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.
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