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Under this section, the Commercial Contributor would have to +defend claims against the other Contributors related to those performance +claims and warranties, and if a court requires any other Contributor to +pay any damages as a result, the Commercial Contributor must pay +those damages. + +5. NO WARRANTY + +EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT +PERMITTED BY APPLICABLE LAW, THE PROGRAM IS PROVIDED ON AN "AS IS" +BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR +IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF +TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR +PURPOSE. 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DISCLAIMER OF LIABILITY + +EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT +PERMITTED BY APPLICABLE LAW, NEITHER RECIPIENT NOR ANY CONTRIBUTORS +SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, +EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST +PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN +CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) +ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE +EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE +POSSIBILITY OF SUCH DAMAGES. + +7. 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The Program (including Contributions) may always be +Distributed subject to the version of the Agreement under which it was +received. In addition, after a new version of the Agreement is published, +Contributor may elect to Distribute the Program (including its +Contributions) under the new version. + +Except as expressly stated in Sections 2(a) and 2(b) above, Recipient +receives no rights or licenses to the intellectual property of any +Contributor under this Agreement, whether expressly, by implication, +estoppel or otherwise. All rights in the Program not expressly granted +under this Agreement are reserved. 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