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4.3 To the extent that any information is necessarily
disclosed pursuant to a statutory or regulatory obligation or
court order, such disclosure shall not be a breach of this
clause 4 provided you do what you can to prevent any such
disclosure.
disclosed pursuant to a statutory or regulatory obligation or
court order, such disclosure shall not be a breach of this
clause 4 provided you do what you can to prevent any such
disclosure.
5. WARRANTY AND SUPPORT
The Software is provided "as is" with no representation,
guarantee or warranty of any kind as to its functionality or
that it does not and will not infringe any third party rights
(including intellectual property rights). Licensor has no
obligation under this License to provide technical or other
support to you.
guarantee or warranty of any kind as to its functionality or
that it does not and will not infringe any third party rights
(including intellectual property rights). Licensor has no
obligation under this License to provide technical or other
support to you.
6. LIMITATION AND EXCLUSION OF LIABILITY
6.1 Licensor does not exclude its liability (if any) to you:
6.1.1 for personal injury or death resulting from Licensor's
negligence;
6.1.2 for fraud; or
6.1.3 for any matter for which it would be illegal for Licensor
to exclude or to attempt to exclude its liability.
6.2 LICENSOR MAKES NO EXPRESS WARRANTIES WITH
RESPECT TO THE SOFTWARE AND LICENSOR HEREBY
EXCLUDES (TO THE FULLEST EXTENT PERMISSIBLE IN LAW),
6.1.1 for personal injury or death resulting from Licensor's
negligence;
6.1.2 for fraud; or
6.1.3 for any matter for which it would be illegal for Licensor
to exclude or to attempt to exclude its liability.
6.2 LICENSOR MAKES NO EXPRESS WARRANTIES WITH
RESPECT TO THE SOFTWARE AND LICENSOR HEREBY
EXCLUDES (TO THE FULLEST EXTENT PERMISSIBLE IN LAW),
ALL CONDITIONS, WARRANTIES (INCLUDING WITHOUT
LIMITATION ANY WARRANTY THAT THE SOFTWARE WILL
MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL
BE UNINTERRUPTED OR ERROR FREE) AND STIPULATIONS,
EXPRESS (OTHER THAN THOSE SET OUT IN THIS LICENSE)
OR IMPLIED, STATUTORY, CUSTOMARY OR OTHERWISE
WHICH, BUT FOR SUCH EXCLUSION, WOULD OR MIGHT
SUBSIST IN FAVOUR OF YOU. EXCEPT AS SET OUT IN THIS
LICENSE YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY
AND PERFORMANCE OF THE SOFTWARE.
6.3 SUBJECT TO CLAUSE 6.1 LICENSOR WILL BE UNDER NO
LIABILITY TO YOU WHATSOEVER (WHETHER IN CONTRACT,
TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY
DUTY, RESTITUTION OR OTHERWISE) FOR ANY INJURY,
DEATH, DAMAGE OR DIRECT, INDIRECT OR CONSEQUENTIAL
LOSS (ALL THREE OF WHICH TERMS INCLUDE, WITHOUT
LIMITATION, PURE ECONOMIC LOSS, LOSS OF PROFITS,
LOSS OF BUSINESS, LOSS OF DATA, LOSS OF SAVINGS,
DEPLETION OF GOODWILL AND LIKE LOSS) HOWSOEVER
CAUSED ARISING OUT OF OR IN CONNECTION WITH:
6.3.1 THE SOFTWARE, OR THE MANUFACTURE OR SALE OR
SUPPLY, OR FAILURE OR DELAY IN SUPPLY, OF THE
SOFTWARE BY LICENSOR OR ON THE PART OF LICENSOR'S
EMPLOYEES, AGENTS OR SUB-CONTRACTORS;
LIMITATION ANY WARRANTY THAT THE SOFTWARE WILL
MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL
BE UNINTERRUPTED OR ERROR FREE) AND STIPULATIONS,
EXPRESS (OTHER THAN THOSE SET OUT IN THIS LICENSE)
OR IMPLIED, STATUTORY, CUSTOMARY OR OTHERWISE
WHICH, BUT FOR SUCH EXCLUSION, WOULD OR MIGHT
SUBSIST IN FAVOUR OF YOU. EXCEPT AS SET OUT IN THIS
LICENSE YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY
AND PERFORMANCE OF THE SOFTWARE.
6.3 SUBJECT TO CLAUSE 6.1 LICENSOR WILL BE UNDER NO
LIABILITY TO YOU WHATSOEVER (WHETHER IN CONTRACT,
TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY
DUTY, RESTITUTION OR OTHERWISE) FOR ANY INJURY,
DEATH, DAMAGE OR DIRECT, INDIRECT OR CONSEQUENTIAL
LOSS (ALL THREE OF WHICH TERMS INCLUDE, WITHOUT
LIMITATION, PURE ECONOMIC LOSS, LOSS OF PROFITS,
LOSS OF BUSINESS, LOSS OF DATA, LOSS OF SAVINGS,
DEPLETION OF GOODWILL AND LIKE LOSS) HOWSOEVER
CAUSED ARISING OUT OF OR IN CONNECTION WITH:
6.3.1 THE SOFTWARE, OR THE MANUFACTURE OR SALE OR
SUPPLY, OR FAILURE OR DELAY IN SUPPLY, OF THE
SOFTWARE BY LICENSOR OR ON THE PART OF LICENSOR'S
EMPLOYEES, AGENTS OR SUB-CONTRACTORS;